Tennessee has a so-called Dram Shop law that allows the victim of a DUI accident to sue the establishment that sold alcohol to the driver at fault.
Nashville-Davidson, TN – The state of Tennessee has a big problem with drunk driving. One in 3 traffic fatalities is caused by alcohol consumption. Each year an average of 400 people die in DUI accidents, with another 4,000 sustaining more or less serious injuries. The consequences can be catastrophic and if you want to recover the damages you and your family deserve, you must talk to the best Nashville-Davidson DUI accident lawyers you can find.
No matter what type of motor vehicle accident you’re involved in, you will have to file a personal injury claim against the other driver’s insurance. Your lawyers will have to prove that the other party was negligent and this led to you being injured. That’s not the only problem, though. You also need to find out who may be responsible for your damages, especially if the driver that caused your accident doesn’t have the means to compensate you.
How is liability determined in a drunk driving accident?
When you reach out to a lawyer, they will examine the police report to get an idea of how you can recover damages. Here are your options:
The drunk driver
Tennessee is an at-fault state which means you will have to file a claim against the drunk driver’s insurance. Getting money from an insurance company is never an easy thing and it will be even trickier if you have sustained severe injuries and you have considerable financial damages to recover. Better leave experienced Nashville-Davidson accident lawyers to negotiate your claim with the insurance company.
Tip: Never admit to any sort of blame for the crash, Tennessee uses a modified comparative negligence rule and you may lose the right to recover if your blame is determined to be 50% or higher.
What if the drunk driver was insured?
According to estimates, up to 20% of Tennessee drivers don’t have insurance. If you have additional Uninsured/Underinsured Coverage on your policy, you may be able to get damages from your own insurance company. If that doesn’t cover your damages, you may consider suing the other driver. Your lawyers will have to investigate the guy to see whether they have the means to pay damages. If they don’t, suing them might be a waste of time.
The establishment that provided the alcohol
Tennessee has a so-called Dram Shop law that allows the victim of a DUI accident to sue the establishment that sold alcohol to the driver at fault. According to the law, you can sue the bar or the restaurant if you can prove they sold alcohol to a person who was visibly intoxicated.
The same applies if the drunk driver in your case was under the age of 21. Selling alcohol to a minor is illegal in Tennessee.
The trucking company
If you were hit by a truck, your lawyers may be able to build a case against the trucking company, as well as the trucker. Under federal law, trucking companies are required to check the driver’s record for DUI or other traffic-related offenses. Also, they must submit their drivers to random drug and alcohol tests. If the trucker had a drinking problem and their employers knew about it, they can be held accountable for your damages.
Attorneys Near Me
If you’re looking for an accident lawyer or need professional help with other legal matters, you may be wondering “Where can I find Attorneys Near Me?” Don’t worry, help is just a few clicks away. Just follow the link to go to the extensive database on usattorneys.com. Select the legal area you’re interested in, your state and your city, and schedule a free consultation with a trustworthy lawyer in your area.