A drunk driving accident can leave you dealing with serious injuries, emotional distress, and unexpected financial burdens. If a drunk driver in Memphis has injured you or a loved one, it’s essential to know your rights and what steps to take to protect yourself. Tennessee law allows victims to pursue compensation, and holding the responsible party accountable can both secure justice and help prevent future alcohol-related crashes.
Drunk driving accidents are entirely preventable. Nevertheless, they continue to claim lives and cause severe injuries across the country. Alcohol impairs judgment, slows reaction times, and reduces coordination, making it highly dangerous for anyone to get behind the wheel after drinking. If a drunk driver has harmed you, you deserve justice and financial recovery to help rebuild your life.
What to Do After a Drunk Driving Accident
The moments after a DUI accident can be overwhelming, but taking the right actions can strengthen your case and improve your likelihood of recovering compensation. Here’s what to do:
Call 911
Call 911 right away. Police will check the scene, test the driver for alcohol, and file a report – key evidence if you take legal action. If the drunk driver is arrested, this evidence of their negligence can strengthen your claim.
Get Medical Attention
Even if you feel fine, some injuries caused by drunk driving may not show symptoms immediately. Seeking prompt medical care documents your injuries and links them to the accident, which is essential for DUI accident claims. Internal injuries, whiplash, and concussions may not appear right away, so it’s critical to get checked by a doctor as soon as possible. Medical records will play a primary role in proving your damages.
Gather Evidence
If possible, take photos of the crash, damage, and injuries. Get witness contacts and exchange info with the driver. If they seem drunk – slurred speech, alcohol smell, or stumbling – take note. Look for security cameras that might have caught the accident.
Avoid Discussing Fault
Do not apologize to the other driver or admit fault at the scene. Anything you say could be used against you later. Stick to the facts when speaking to police and insurance adjusters. It is also best to limit conversations with the drunk driver and let law enforcement handle the situation.
Contact a DUI Accident Lawyer
A lawyer experienced in drunk driver liability can review your legal options and pursue the compensation you deserve. They can fight back against insurance companies that may try to lowball your claim or deny their policyholder’s liability. An attorney can negotiate on your behalf and, if necessary, take your case to court to seek fair compensation.
Victims’ Rights and Compensation
Tennessee law allows DUI accident victims to seek compensation for their losses. If a drunk driver caused your injuries, you have the right to seek damages through an insurance claim or lawsuit.
Compensation for Drunk Driving Accidents
Victims of DUI crashes may be entitled to recover damages such as:
- Medical Expenses – Including current and future costs for hospital stays, surgeries, medications, and rehabilitation
- Lost Wages – Compensation for time missed at work due to injuries, as well as loss of earning capacity if you are unable to return to your job
- Pain And Suffering – Physical pain, emotional trauma, and loss of enjoyment of life
- Property Damage – Costs to repair or replace your vehicle
Additionally, punitive damages are unique to cases involving gross negligence, such as drunk driving. These damages go beyond compensating victims and mean to deter future reckless behavior by making an example of the at-fault party. A lawyer can determine if your case qualifies for punitive damages.
Legal Actions Against Drunk Drivers
In addition to an insurance claim, victims can file a personal injury lawsuit against the drunk driver. If the driver was over the legal limit, this strengthens your case, but liability can still be proven even if their blood alcohol content (BAC) was below 0.08 percent.
Tennessee’s Dram Shop Law may also allow you to hold a bar, restaurant, or social host accountable if they served alcohol to an intoxicated person who later caused the crash. Establishments that overserve patrons can be found negligent and liable for damages.
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Drunk Driving Statistics in Tennessee
Drunk driving remains a serious problem across the state. According to the Tennessee Department of Safety & Homeland Security, in one recent year:
- One in three fatal crashes statewide involved a DUI
- One in seven serious injury crashes in Tennessee involved a DUI
- Half of all DUI crashes resulted in injury or death
Despite strict DUI laws, too many drivers still make the irresponsible decision to drive while intoxicated. These numbers highlight the devastating impact of drunk driving and why victims deserve justice.
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Filing a Lawsuit for Drunk Driving Injuries
If the drunk driver’s insurance company refuses to offer a fair settlement, filing a lawsuit may be necessary. Tennessee follows a comparative fault rule, meaning you can still recover compensation even if you were partially at fault, as long as you are less than 50 percent responsible for causing the collision.
Additionally, the statute of limitations for personal injury claims in Tennessee gives you just one year from the accident date to file a lawsuit, so acting quickly is imperative. Missing this deadline can jeopardize your right to seek compensation.
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The Importance of Legal Representation
Handling a DUI accident claim isn’t easy, especially with serious injuries and demanding insurance companies. Working with a Memphis car accident attorney can improve your likelihood of recovering a fair settlement by:
- Gather evidence to strengthen your case
- Handle all communications with insurance adjusters
- Calculate the full value of your damages
- File a lawsuit if necessary
A personal injury attorney experienced in DUI accident claims can be a powerful advocate, allowing you to focus on healing while they fight for the compensation you deserve.
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Contact a Memphis DUI Accident Lawyer
If you suffered injuries in a collision with a drunk driver, you don’t have to handle the legal process alone. Gatti, Keltner, Bienvenu & Montesi, PLC is dedicated to fighting for accident victims and holding negligent drivers accountable. Our team of drunk driving accident lawyers in Memphis can investigate your case, gather evidence, and negotiate with insurance companies while you focus on recovery. Contact us today at (901) 526-2126 or reach out via our online contact form to learn more about your legal rights in a free initial consultation.