Drunk Driving Accident Lawyers in Murfreesboro

How punitive damages work against a drunk driver in Tennessee

Tennessee caps punitive damages at the greater of twice the compensatory award or five hundred thousand dollars under T.C.A. Section 29-39-104. That cap falls away, though, when the defendant acted while intoxicated to the point that judgment was substantially impaired. A drunk-driving crash is the strongest case for setting the cap aside, and we pursue the full measure of punitive damages the conduct calls for.

When a bar or restaurant may share the blame

Tennessee's dram shop law at T.C.A. Section 57-10-101 and T.C.A. Section 57-10-102 is written narrowly. As a rule, the drinker's own consumption, not the sale, is treated as the cause of a crash. A seller becomes liable 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 the sale caused the injury. We assess whether the facts can clear that demanding bar.

The one-year deadline while the criminal case runs

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

The criminal case will not make you whole

A conviction can punish the drunk driver and may order limited restitution, but it does not repay an injured person's losses. The civil claim is separate, and it is where the medical bills, the lost income, and the pain are actually recovered. A conviction or guilty plea can still help prove liability, and we use it where it fits.

The fifty percent rule and the blame game

Tennessee's modified comparative fault rule, set by McIntyre v. Balentine, denies a recovery to anyone half or more at fault and reduces it for a smaller share. Even against a drunk driver, the insurer may try to shift some blame to the victim. We rely on the evidence, the impairment included, to keep the blame on the driver who chose to get behind the wheel drunk.

Serving victims of impaired drivers across Rutherford County

We represent people harmed by drunk drivers throughout Rutherford County and the surrounding communities, including Smyrna, La Vergne, and Eagleville. The gravest injuries are transported to Vanderbilt University Medical Center in Nashville, the region's Level I trauma center, and we stand with clients across Middle Tennessee.

Talk to a Murfreesboro drunk driving accident lawyer

If a drunk driver hurt you or took someone you love, call (615) 880-6327 for a free and confidential consultation. You owe no attorney fee unless we win compensation for you.

Speak with a Murfreesboro drunk driving accident attorney

A drunk-driving crash gives an injured person more than an ordinary claim, because Tennessee lets punitive damages pass the usual cap when the driver was impaired. If a drunk driver hurt you or your family around Murfreesboro, call (615) 880-6327 for a free case review. We work on a contingency fee, so nothing is owed to us unless we win for you.

Common questions

Can I hold the bar that served the drunk driver liable in Tennessee?

Sometimes, but the bar is set high. Tennessee permits a claim against a seller only when a jury is satisfied beyond a reasonable doubt that it served someone visibly intoxicated or a known minor and that the sale caused the crash. We review the facts to see whether that narrow path is open.

If the drunk driver was already convicted, does that decide my claim?

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

Are extra damages available in a drunk driving case?

Often yes. Because driving while intoxicated is 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 past ordinary compensation. We pursue those added damages where the facts support them.