Drunk Driving Accident Lawyers in Nashville

The criminal case is not your compensation

When a drunk driver is arrested, the criminal case that follows punishes the driver but does not pay for your injuries. Your civil claim is separate, and it is where your medical costs, lost wages, and suffering are recovered. A DUI conviction can help prove your civil case, but you do not have to wait for the criminal case to conclude, and with Tennessee's one-year civil deadline you should not. We pursue the civil claim while the criminal matter runs its course.

Punitive damages against an impaired driver

Tennessee normally limits punitive damages to the greater of $500,000 or twice the compensatory damages under Tenn. Code Ann. § 29-39-104. But that cap does not apply when the driver was under the influence of alcohol or drugs to the point that their judgment was substantially impaired and that caused the crash. This is one of the most important features of a drunk driving case: a jury can award punitive damages against an impaired driver without that limit, to punish the conduct and deter it. We build the evidence of impairment carefully, because it opens the door to that recovery.

Whether a seller of alcohol can share responsibility

Sometimes the drunk driver is not the only party at fault. Tennessee law does allow, in narrow circumstances and with a high burden of proof, a claim against a business that served alcohol to a visibly intoxicated person or to a minor. These claims are difficult, but where the facts support one they can add another source of recovery, and we investigate where the driver had been drinking to determine whether such a claim is available.

The deadline and shared-fault rules

Tennessee gives you only one year from the date of the crash to file suit under Tenn. Code Ann. § 28-3-104, far shorter than most states, and its modified comparative fault rule bars recovery at fifty percent fault and reduces it by your share below that. Insurers for a drunk driver still try to shift blame onto the victim. We use the evidence, including the impairment, to keep the fault where it belongs. Seriously injured victims are treated at Vanderbilt University Medical Center, the region's Level I trauma center.

Serving drunk driving victims across Middle Tennessee

Drunk driving injury claims are handled from our Nashville office at 912 Harpeth Valley Place, and we represent clients across Davidson, Williamson, Rutherford, Wilson, Sumner, Cheatham, and Robertson counties. We serve people injured in Nashville, Murfreesboro, Franklin, Brentwood, Hendersonville, Gallatin, Lebanon, Mount Juliet, Smyrna, and La Vergne.

Speak with a Nashville drunk driving accident attorney

If a drunk driver injured you or your family, you deserve every remedy the law provides, and Tennessee's one-year deadline means you have limited time. Call (615) 697-6779 for a free, confidential consultation. We work on a contingency fee basis, so you owe no attorney fee unless we recover compensation for you.

Common questions

The drunk driver was arrested. Do I still need to file my own claim?

Yes. The criminal case can punish the driver, but only a civil claim recovers your medical bills, lost income, and pain and suffering. The two are separate, a conviction can help prove your civil case, and with Tennessee's one-year deadline you should not wait for the criminal matter to finish.

What makes punitive damages different in a drunk driving case?

Tennessee normally caps punitive damages, but that cap does not apply when the driver was impaired to the point of substantially impaired judgment. That means a jury can award punitive damages against a drunk driver without the usual limit, on top of your ordinary damages, to punish and deter the conduct.

Can the bar that served the driver be held responsible?

Sometimes, but Tennessee sets a high bar. A claim against a seller of alcohol is allowed only in narrow circumstances and requires a strong showing that the person was served while visibly intoxicated or was a minor. We investigate where the driver was served to determine whether such a claim is realistically available in your case.