Determining Liability In A DUI Accident
Alcohol consumption is part of the culture in Nashville, especially with the city’s thriving downtown entertainment center. When a person drinks and gets behind the wheel, the results for those injured in a DUI car accident can be devastating. One important element of an injury claim after a DUI crash is determining everyone that shares fault for the accident, and the experienced personal injury lawyers at Mitch Grissim & Associates are here to help. Call or contact the office today to schedule a consultation of your case.
First Party Liability
In most cases of suspected drunk driving, the driver of the vehicle will be held liable for any injuries that result from the crash. Not only can the driver be held civilly liable for injuries, but they may also face criminal charges, as well. In order to prove that a driver was drunk when they caused an accident, the following evidence can be compelling proof of their intoxication at the time of the crash:
- Failed field sobriety tests
- Failed chemical (blood or urine) test
- Witness testimony of erratic pre-crash driving
- Physical signs of intoxication, such as slurred speech, bloodshot eyes, etc.
- The driver’s own statements admitting alcohol consumption prior to the accident, and
- A reconstruction of the driver’s schedule in the hours leading up to the accident.
However, depending on the circumstances of the case there may be other parties that share in the liability for a drunk driving accident.
Third Party Liability
Third-party liability in Tennessee DUI accidents holds other parties partially liable for this type of accident if they contributed to the intoxication of the driver. Known as dram shop laws, third-party liability can be incredibly important in a DUI crash case if the driver’s auto insurance coverage is not enough to cover the costs of the injury victim’s claim. This is particularly true in Tennessee, which has some of the lowest required minimums for auto insurance in the country.
In specific states, dram shop laws apply to bars, saloons, restaurants, and other alcohol providers in the event of a drunk driving crash or if one of the following situations occurred:
- The customer/driver was under the age of 21 years old, or
- The vendor provided alcohol to someone who was obviously already intoxicated, and
- That alcohol consumption was directly related to the DUI accident.
Compensation for DUI Accident Claims
Compensation from first and third parties held liable for a DUI accident include damages for medical bills, lost wages, property damage, loss of future income and benefits, pain and suffering, emotional distress, disability, disfigurement, and loss of enjoyment of life. To learn more about what your claim might be worth after a crash involving a drunk driver, talk to our office today.
Talk to Mitch Grissim & Associates Today
The injuries caused by a drunk driver can be catastrophic for injury victims, and the knowledgeable Nashville personal injury lawyers at Mitch Grissim & Associates are here to help. Call the office or contact us today to schedule a free consultation of your case now.
How to Protect Yourself in the Event of Drunk Driving Accidents
An intoxicated driver’s ability to avoid a collision is drastically diminished in comparison with a sober driver. And driving under the influence can easily end up tragically. So what are you supposed to do to protect yourself?
A personal injury law firm can assist you if or when you’re involved in a car accident with drunk drivers. A legal team can assess the case and go after the negligent party allowing you to seek the fair compensation that you’re entitled to. After a free consultation in a private setting, you’ll be informed of the process that will unfold.
Remember, the reckless actions of an at-fault driver are not yours to bear. No matter your injuries, in the event of an alcohol-related automobile crash, after seeking medical attention you should seek legal counsel immediately to go over your legal options.
Seeking Personal Injury Legal Help in Drunk Driving Car Accidents
If you’re struck by an intoxicated driver, all liable parties can be subject to a personal injury claim. And the process is actually very simple.
It’s a known fact that an insurance company may give anyone seeking a claim the runaround. And most car accident cases that involve alcohol have to be investigated by the local police department. But the latter is a good thing because this reduces the insurance company’s ability to push the claim over to the back burner.
For example, if the police report says that the negligent party was visibly intoxicated, you’ll have a valid claim that you can present in a court of law. And as the consumption of alcoholic beverages before driving a vehicle is considered illegal if you’re over the legal limit, your personal injury attorneys will have no issue at all getting you the compensation that you deserve.
While social host laws are typically in effect in most cases, navigating the legal waters of any drunk driving accident should always be conducted by experienced personal injury attorneys.
If you’ve been involved in a drunk driving accident, you can come into any of our practice areas for a free case evaluation. No matter who is held responsible, you’re likely going to need legal representation for your case should it go to court.
Keeping Safe Around Alcohol
We all have a legal obligation to drink moderately, especially when planning to be behind the wheel. But if you ever fund yourself at an event that serves alcohol, keep in mind that not only can you be held liable in the event of an alcohol-related crash, but alcohol vendors can as well.
Driving recklessly is one thing, but driving while intoxicated is another. And this can be deadly. So no matter if you’re the designated driver or if you’re enjoying the party, ensure that you drink responsibly. And in the event of a DUI crash, ensure that you contact a personal injury lawyer to help you get the compensation you deserve.
