Drunk Driving Accident Lawyers in Knoxville

Punitive damages against a drunk driver in Tennessee

Tennessee limits punitive damages to the greater of two times the compensatory award or five hundred thousand dollars under T.C.A. Section 29-39-104. That limit does not apply, however, when the defendant acted while intoxicated to the point that judgment was substantially impaired. A drunk-driving crash is the clearest case for lifting the cap, and we pursue the full measure of punitive damages the conduct warrants.

When a bar or restaurant may share liability

Tennessee dram shop law, T.C.A. Section 57-10-101 and T.C.A. Section 57-10-102, is deliberately narrow. As a general rule the drinker's own consumption, not the sale, is treated as the cause of a crash. Liability reaches a seller only where a jury finds beyond a reasonable doubt that it served alcohol to a visibly intoxicated person, or to someone known to be under twenty-one, and that sale caused the injury. We evaluate whether the facts can meet that demanding standard.

The one-year deadline while a criminal case runs its course

An injured person generally has one year from the date of the crash to file suit under T.C.A. Section 28-3-104. A related criminal prosecution can extend that period, but the safest course is never to wait on the outcome of the criminal case. We start building the civil claim right away.

Why the criminal case will not make you whole

A criminal conviction can punish the drunk driver and even order limited restitution, but it does not make an injured person whole. The civil claim is separate, and it is where the losses, the medical bills, the lost income, and the pain, are actually recovered. A conviction or guilty plea can still help prove liability in the civil case, and we use it where it applies.

The fifty percent rule and blame-shifting

Tennessee applies the modified comparative fault rule of McIntyre v. Balentine, which denies any recovery to a person fifty percent or more at fault and reduces it by a lesser share. Even against a drunk driver, the insurer may try to place some blame on the victim. We use the evidence, including the impairment itself, to keep responsibility on the person who chose to drive drunk.

Serving victims of impaired drivers across East Tennessee

We represent people harmed by drunk drivers throughout Knox, Blount, Sevier, Anderson, Loudon, Roane, Jefferson, and Union counties, including in Farragut, Maryville, Oak Ridge, Sevierville, Clinton, Lenoir City, and Alcoa. The most serious injuries are treated at the University of Tennessee Medical Center, and we stand with clients across the region.

Talk to a Knoxville drunk driving accident lawyer

If a drunk driver hurt you or took someone you love, call (865) 674-4960 for a free and confidential consultation. You pay no attorney fee unless we recover compensation.

Speak with a Knoxville drunk driving accident attorney

A drunk-driving crash gives an injured person more than an ordinary claim, because Tennessee lets punitive damages exceed the usual cap when the driver was impaired. If a drunk driver hurt you or your family in the Knoxville area, reach us at (865) 674-4960 for a free case review. Our representation is on a contingency fee, so there is no charge unless we win for you.

Common questions

Can I sue the bar that served the drunk driver in Tennessee?

Sometimes, but the standard is high. Tennessee allows a claim against a seller only where a jury is convinced beyond a reasonable doubt that it served a visibly intoxicated person or a known minor and that the sale caused the crash. We review the facts to see whether that narrow path is available.

The drunk driver was convicted. Does that mean I automatically win my claim?

Not automatically, but it helps. A conviction or guilty plea can be strong evidence of fault in your civil case, though you still have to prove your injuries and losses. The civil claim is where your compensation actually comes from, separate from the criminal case.

Are there extra damages available in a drunk driving case?

Often yes. Because driving while intoxicated is exactly the kind of reckless conduct that supports punitive damages, and Tennessee's punitive cap does not apply when the defendant was intoxicated, a drunk-driving case can reach beyond ordinary compensation. We pursue those additional damages where the facts support them.