The Centers for Disease Control and Prevention estimates that every day, 29 people die in automobile accidents that involve a drunk driver. This holiday season, though bars may not be opened late, drivers are still likely to get behind the wheel while intoxicated which can lead to injury or death for others on the road. While no one plans to be involved in a drunk driving accident, if you are the victim of an accident as a result of someone’s negligence, know that the Nashville personal injury attorneys of Martin Heller Potempa & Sheppard, PLLC are ready to take your case and help you move forward.
Drunk Driving Injuries: Who is Responsible?
When you are injured in a car accident involving a drunk driver, you may wonder who you can press legal action against. In Tennessee, the answer depends.
In general, the drunk driver is responsible to pay for any injuries or death caused by their reckless behavior. However, in some cases, it may not be as simple as suing the driver.
Tennessee follows a Dram Shop Liability statute, which places responsibility for DUI accidents on restaurants or bars in certain situations. The Dram Shop Liability statute places liability on such alcohol selling/serving establishments when restaurants or bars sell alcohol to a clearly intoxicated person or a minor under the legal drinking age.
Being able to show that the driver was drunk and yet still served can be complicated, so working with a trusted attorney can be critical to your personal injury claim.
Damages in Drunk Driving Personal Injury Cases
Be it serious injury, death, vehicle damage, etc., under the law, at-fault drivers must pay for medical bills and non-economic damages such as physical pain, emotional damage, or worsening of prior injuries. However, there are limits. They include:
- $750,000 for most injuries
- $1,000,000 for catastrophic loss or injuries
In addition to injuries and death, the driver will also have to pay for all damages to another person’s vehicle. To ensure the proper compensation is given after the accident, the injured party should report the incident to the police as soon as possible and have any injuries documented to make sure compensation is fair with the damage and injuries sustained.
It is also important that when possible, the victim has the damage to the vehicle assessed by a mechanic for an estimate.
Nashville Car Accident Lawyers: DUI Victims Call MHPS
There is never a good time to be involved in a drunk driving accident. But when it’s the holidays and you’re the victim, you likely have so many feelings and are just worried about your own health and safety.
If you are injured as a result of a drunk driver, do not leave your compensation in the hands of an insurance company. It’s time to contact Martin Heller Potempa & Sheppard. Our firm’s experienced Nashville car accident lawyers utilize years of experience and the latest technology to help victims across Tennessee. We will handle your case with compassion and attention, seeking to negotiate a favorable settlement while remaining ready for trial if needed. Contact us today for a free consultation.