What Rights do Tennessee Drunken Driving Victims Have?
Unfortunately, auto accidents occur all too often with many resulting from criminal behavior. Specifically, many accidents result from drunk drivers or someone impaired by drugs. If you or someone you love has been injured by a drunk or drug impaired driver, then you should speak to a Nashville Car Accident Lawyerat The Higgins Firm.
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The victim can recover compensatory damages for losses incurred both in the past and future which may include:
Punitive damages may also be available if the actions of the other driver are deemed to be criminal or reckless. The purpose of punitive damages is to deter criminal actions like drunk driving.
How are Drunk Drivers Held Accountable?
Like all states, Tennessee prosecutes drunk drivers. In addition to criminal prosecution, the victim can also file civil suit for personal injuries and/or for the wrongful death of a loved one. A criminal and civil case can proceed simultaneously. Should this occur, the civil court may postpone the trial until the criminal prosecution concludes. This allows the state to fully prosecute the criminal case. If this occurs, any conviction in the criminal case can be used as evidence of guilt and fault in the civil matter. We can assist in providing information to the district attorney in the criminal case, and in turn the district attorney can share evidence after the criminal trial. If you file claim against a drunk driver, the Nashville attorneys at The Higgins Firm will do everything possible to uncover evidence as to the criminal conduct of the drunk driver and any other parties that may be responsible.
What is Dram Shop Liability?
Dram Shop Liability in Tennessee means that public establishments may be held accountable for causing a drunk driving accident. If an establishment serves alcohol to a person who is obviously intoxicated or under the legal age, they may be financially responsible for the resulting injuries. This law holds establishments who served the drunk driver responsible if the driver injures passengers, people in other vehicles, or pedestrians. In order to prove this liability, it may be necessary to obtain security video from the bar or restaurant, receipts or credit card charges, interview other patrons at the bar, or take depositions of the employees of the bar. The Higgins Firm has successfully prosecuted numerous dram shop cases and they have the experience and knowledge to compile all of the evidence necessary to present the case to a jury.
When Should I Contact a Nashville Personal Injury Attorney About My Case?
If you have been injured by a drunk driver, it is important to obtain representation early. Preservation of evidence is a priority. The Higgins Firm will obtain photographs of the accident scene and vehicles, witness statements, and any other relevant evidence. If needed, The Higgins Firm may also obtain an accident reconstruction expert. If you or someone you care for has been severely injured or killed as the result of a drunk driver, we strongly suggest that you contact one of our compassionate and experienced Nashville personal injury attorneys. We care about our clients and will work with you and help you gather evidence for your case so that we can make sure that the driver is held accountable for their actions and that you receive the compensation you deserve for what you have suffered.
DUI Accident Lawyer FAQ: What Compensation Is Available to Victims?
Drunk driving accidents can cause serious, if not life threatening injuries, as well as property damage, and months or years of pain and suffering. Under Tennessee laws, the at-fault driver is required to cover a certain amount for medical bills and non-economic damages. In general, the limits for compensation are:
Also under Tennessee laws, the drunk driver who caused the accident must cover any damages to property. To ensure fair and just compensation is recovered, it is important a police report is filed, medical care is sought, injuries are documented, and a drunk driving accident lawyer in Tennessee is sought.
Let Us Recover Compensation for You
Drunk driving is absolutely unacceptable. When someone comes to us because they were injured, or suffered losses, due to the actions of a drunk driver, we are ready to hold him or her accountable. It is our goal to prove the negligence of the drunk driver. This is important as just because they were charged with a DUI does not necessarily mean they are entirely liable! We will utilize police reports, witness testimony, expert witness testimony, medical records, and more to build a strong case that maximizes your chances of recovering what you need and deserve.
Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.
The insurance company has a legal team. You should too.
