Chattanooga Drunk Driving Accident Lawyers

How is Compensation Calculated in Drunk Driving Accident Cases?

The amount of compensation you can recover in a drunk driving accident case will depend on the severity of your injuries. If you have suffered permanent injuries, you may be eligible for a significant sum of money.

In Tennessee, compensation for a drunk driving accident may include:

In many cases, the negligent driver's insurance company will attempt to blame you for causing the accident. In these cases, we will work to prove you were not at fault. If you were partially at fault, your compensation may be reduced.

How to Establish Negligence After a Crash

Here are some general steps that may be involved in proving a drunk driving accident claim:

• Document the accident: Call the police immediately after the accident and file a report. Ensure that the police officer notes any observations or suspicions of drunk driving in the report. Collect evidence at the scene, including photographs of the accident, property damage, injuries, and any visible signs of intoxication.
• Seek medical attention: Get medical treatment for any injuries sustained in the accident. It's important to have documented medical records that link your injuries to the accident.
• Gather evidence: Collect evidence to support your claim. This may include witness statements, video footage or photos from nearby surveillance cameras or dashcams, and any other relevant documentation that can help establish the other driver's intoxication.
• Obtain the driver's sobriety test results: If the driver was arrested at the scene, there may be sobriety test results such as blood alcohol concentration (BAC) or field sobriety test records. These can be important evidence to establish the driver's impairment.
• Police investigation: Law enforcement authorities will typically investigate the accident and may conduct their own tests, such as breathalyzer or blood tests, to determine the driver's level of intoxication. The police report can be a crucial piece of evidence.
• Obtain toxicology reports: If the other driver was taken to the hospital after the accident, the medical records may include toxicology reports that can confirm the presence of alcohol or drugs in their system.
• Consult an attorney: It's advisable to consult with a personal injury lawyer who has experience with drunk driving accident cases in Tennessee. They can guide you through the legal process, help gather evidence, and build a strong case on your behalf.

Whether you were severely injured by a drunk driver or lost a loved one in a drunk driving accident, our attorneys at The Hamilton Firm are here to help you seek justice and fair compensation. We represent accident victims across Tennessee, Georgia, and Alabama.

What If the Driver Wasn't Charged or Convicted of DUI?

If you were injured in a drunk driving accident, you can file a lawsuit against the driver even if they weren't criminally charged or convicted. Criminal charges and civil lawsuits are separate legal actions, and a drunk driver can be held liable for their actions in either one or both scenarios. 

This means that victims of drunk driving accidents can seek compensation for damages such as medical bills, lost wages, and pain and suffering through a civil lawsuit, even if the drunk driver wasn't charged with or convicted of a crime. It's always best to consult with an experienced attorney, like those at The Hamilton Firm, to explore your options and determine the best course of action for your unique circumstances.

Contact Our Firm for a Free Consultation

The Hamilton Firm LLC has the experience and resources to effectively represent you in a drunk driving accident case, whether you were injured in a car accident or truck accident. We are committed to holding negligent drivers accountable for their actions. We are also committed to helping victims of drunk driving accidents recover the compensation they need for the best possible recovery.

Call (423) 454-3288or fill out our online contact formto schedule a free consultation with our Chattanooga drunk driving accident attorneys.

Frequently Asked Questions

What should I do after a drunk driving accident in Tennessee?

Call 911, seek medical attention, document the accident scene, gather contact information from witnesses, and avoid speaking to the other driver about fault. Report the incident to your insurance company and consult with a DUI accident lawyer in Chattanooga.

Can I sue the drunk driver for my injuries?

Yes, you can file a personal injury lawsuit against the drunk driver to seek compensation for your medical bills, lost wages, pain and suffering, and other damages resulting from the accident.

Can I recover compensation if I was partially at fault for the accident?

Yes, under Tennessee’s modified comparative negligence rule, you can still recover damages if you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.

How long do I have to file an accident claim in Tennessee?

In Tennessee, you generally have one year from the date of the accident to file a personal injury lawsuit, according to the state’s statute of limitations.

Does the drunk driver’s arrest or conviction help my case?

Yes, a DUI arrest or conviction can strengthen your case. It is strong evidence of negligence, which can be used to support your personal injury claim for compensation.

What if the drunk driver doesn’t have insurance?

If the drunk driver is uninsured, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage, if you have it as part of your auto insurance policy.

What are punitive damages, and can I get them in a drunk driving case?

Punitive damages are awarded in cases of extreme negligence or reckless behavior, such as drunk driving. These damages are meant to punish the driver and deter similar behavior in the future. Tennessee law allows punitive damages in cases involving drunk driving.

Can I file a claim if I was a passenger in the drunk driver’s vehicle?

Yes, even if you were a passenger in the drunk driver’s car, you can file a claim for compensation. However, your ability to recover may be reduced if you knowingly got into a car with a driver who was intoxicated.

What if the drunk driver fled the scene of the accident?

In a hit-and-run involving a drunk driver, you can still seek compensation through your own uninsured motorist coverage if the driver cannot be located. The police will also investigate to try to identify the responsible party.

How does dram shop liability work in Tennessee?

Under Tennessee’s dram shop law, you may be able to hold a bar, restaurant, or alcohol-serving establishment liable if they served alcohol to the driver who caused your accident, and the driver was visibly intoxicated or underage.

How can I prove the driver was drunk at the time of the accident?

Police reports, breathalyzer or blood test results, witness statements, and video footage (if available) can all be used as evidence to prove the driver was intoxicated at the time of the accident.

Can I settle my drunk driving accident claim out of court?

Yes, many drunk driving accident claims are settled through negotiations with insurance companies or the driver’s legal representatives. However, it’s important to consult a lawyer to ensure you receive fair compensation.

What should I do if the insurance company offers me a quick settlement?

Be cautious of quick settlement offers from insurance companies. They may try to offer you less than what you deserve. It’s advisable to consult with a drunk driving accident attorney in Hamilton County before accepting any settlement.

Can I still file a claim if I didn’t go to the doctor right after the accident?

Yes, but it’s important to seek medical attention as soon as possible. Delaying medical care can weaken your case, as the insurance company may argue that your injuries were not caused by the accident.

Do I need a lawyer to handle my drunk driving accident claim?

While it’s not required, hiring a personal injury lawyer can significantly improve your chances of receiving full and fair compensation. An attorney can handle negotiations with insurance companies and build a strong case on your behalf.

How long will it take to resolve my drunk driving accident case?

The timeline varies depending on the complexity of the case, the severity of injuries, and whether the case goes to trial. Some cases can be resolved in a few months, while others may take a year or longer.

Can I recover compensation for emotional distress?

Yes, in addition to physical injuries, you can seek compensation for emotional distress, anxiety, PTSD, and other psychological effects caused by the accident.

What if a loved one was killed in a drunk driving accident?

If a loved one was tragically killed in a drunk driving accident, you may file a wrongful death claim to seek compensation for funeral expenses, lost income, loss of companionship, and other related damages.