At Mogy Law Firm, we are dedicated to helping individuals who have been injured in accidents, including those caused by drunk drivers. Our team of experienced attorneys understands the challenges you face and is committed to fighting for your rights. We provide personalized legal support, working closely with you to ensure you receive the compensation you deserve for your injuries, medical bills, and lost wages. If you need trusted legal assistance, we’re here to help.
If you’ve been hit by a drunk driver in Tennessee, it can be a traumatic and overwhelming experience. The physical, emotional, and financial toll can leave you uncertain about what steps to take next. Understanding your legal rights is crucial to ensure that you receive the proper compensation for your injuries and losses. Whether you’re dealing with medical bills, lost wages, or the emotional impact of the accident, it’s important to know how the law works in your favor.
In this blog, we will outline the critical steps to take after being hit by a drunk driver in Tennessee and explain how working with an experienced Memphis car accident attorney can help you navigate the legal process and secure the compensation you deserve.
Understanding Drunk Driving in Tennessee
Drunk driving is a serious offense in Tennessee, and it has severe legal and financial consequences for both the at-fault driver and the victims. This section breaks down what qualifies as drunk driving in Tennessee and the penalties that accompany it.
Blood Alcohol Content (BAC) Limits
In Tennessee, a driver is considered legally impaired if their blood alcohol content (BAC) exceeds 0.08%. Commercial drivers face a lower limit of 0.04%, and drivers under 21 must have a BAC of 0.02% or less. These limits are in place to ensure that drivers are not impaired by alcohol when operating a vehicle, reducing the risk of accidents caused by impaired reaction times.
Legal Penalties for Drunk Driving
If a driver is caught operating a vehicle under the influence, they face significant legal consequences. These can include fines, jail time, mandatory alcohol education, and the suspension of their driver’s license. In addition to criminal penalties, a drunk driver may be held financially responsible for damages caused in a drunk driving accident, such as medical bills, property damage, and lost wages.
Drunk Driving and Civil Liability
Beyond criminal penalties, a drunk driver may also be liable for personal injury claims. The party that’s been hit by a drunk driver can seek compensation for damages resulting from the drunk driver’s actions. This includes medical expenses, vehicle repairs, pain and suffering, and other economic and non-economic losses. If the drunk driver was particularly reckless, they may also face punitive damages in a civil case.
Impact of Drunk Driving on Victims
Being hit by a drunk driver often results in severe injuries, property damage, and financial losses. Victims of drunk driving accidents are entitled to compensation for their losses through an insurance claim or personal injury lawsuit. Working with a personal injury lawyer ensures victims understand their legal rights and can recover the proper compensation for their injuries.
The Immediate Steps After a Drunk Driving Accident
If you’ve been hit by a drunk driver, taking the right steps immediately can help protect your health and legal rights. Below are the critical actions to take following a crash caused by an impaired driver.
Seek Medical Attention
Your health is the top priority. Even if you feel fine, you should get medical attention after being involved in a drunk driving accident. Injuries from car accidents, especially those involving drunk drivers, may not be immediately apparent. Getting checked by a medical professional ensures your injuries are properly documented, which is crucial for your insurance claim or personal injury lawsuit.
Call 911 and Report the Accident
Calling 911 ensures that law enforcement arrives at the scene to document the incident. Reporting the accident allows the police to conduct an investigation, collect evidence, and file an official report. The police report can later be used as evidence to prove the drunk driver’s negligence and support your personal injury claim.
Gather Evidence at the Scene
If possible, collect important details at the scene of the accident. Take photos of the vehicles involved, the surroundings, and any visible damages. Gather insurance information, the drunk driver’s license plate number, and contact details of any witnesses. This evidence is vital for filing your insurance claim and building a solid case for your personal injury lawsuit.
Avoid Admitting Fault
It’s important to avoid admitting fault or apologizing at the scene of the accident. Even if you feel responsible, it is crucial to let law enforcement and insurance companies determine fault. The drunk driver’s actions are likely the cause of the crash, and admitting fault could complicate your case when seeking compensation. Stay calm and focused on gathering information.
Contact a Car Accident Lawyer
After a drunk driving accident, it is wise to consult with a car accident lawyer. An experienced attorney can guide you through the legal process, help you deal with the drunk driver’s insurance company, and ensure you receive proper compensation for your injuries. They will also assist in determining the full extent of your losses, including medical bills, lost wages, and pain and suffering.
Understanding Your Legal Rights
After being hit by a drunk driver, it’s important to understand your legal rights. This section explains how the law works in Tennessee and what steps you can take to protect yourself and seek compensation.
Who Is Liable for the Accident?
In a drunk driving accident, the drunk driver is typically held liable for the crash. Their actions—driving under the influence—are considered negligent, and they can be financially responsible for your medical bills, vehicle repairs, and lost wages. If the drunk driver was driving for an employer, the employer may also be held liable under certain circumstances.
Types of Compensation You Can Seek
Victims of drunk driving accidents may be entitled to several types of compensation. Economic damages include medical bills, vehicle repairs, and lost wages due to time missed from work. Non-economic damages cover pain and suffering, emotional distress, and the impact on your quality of life. In some cases, punitive damages may be awarded to punish the drunk driver for their reckless actions.
Civil vs. Criminal Cases
A drunk driving accident involves both criminal and civil cases. The drunk driver may face criminal charges for driving under the influence, but this process does not provide compensation for your injuries. To recover damages for medical expenses, lost wages, and pain and suffering, you must pursue a personal injury claim or lawsuit. Understanding the distinction between these cases is crucial for getting the compensation you deserve.
The Importance of Filing a Personal Injury Claim
Filing a personal injury claim is essential if you want to recover compensation for the damages caused by a drunk driver. This claim is typically made through the drunk driver’s insurance company, but you may need to file a lawsuit if the insurance settlement is inadequate. Working with a personal injury lawyer can help you navigate the process and ensure your rights are protected throughout the legal proceedings.
Your Legal Rights in a Personal Injury Lawsuit
If an insurance claim does not fully compensate you for your injuries, you may need to file a personal injury lawsuit. In Tennessee, you have the right to pursue a civil case against the drunk driver to seek compensation for both economic and non-economic damages. Your lawyer will help you gather evidence, build a strong case, and fight for the compensation you deserve.
Contact an Experienced Memphis Car Accident Lawyer Today!
If you’ve been hit by a drunk driver, it’s important to have experienced legal support on your side. At Mogy Law Firm, our team is dedicated to helping you understand your rights and ensure you receive the compensation you deserve for your injuries, medical bills, lost wages, and more. Don’t face the challenges of dealing with insurance companies or navigating the legal system alone.
Contact us at (414) 334-5472 for a free case consultation today!
