Injuries and fatalities that result from accidents where a driver was operating a vehicle under the influence are some of the most tragic, because they are also some of the most preventable. A driver is considered to be driving under the influence (DUI) if they are over an individual state’s threshold for minimum alcohol or drug intoxication level.
DUI accidents can leave innocent passengers with debilitating injuries, permanent scars, and mental trauma. However, all is not lost. Victims can file car accident lawsuits against the perpetrators of the accident and recover compensation for the various expenses they have to bear with.
If you or a loved one has been injured or killed in a DUI accident, you may be eligible to receive remuneration for your injuries. Receive a free case review from a knowledgeable Memphis DUI accident lawyer from Morgan & Morgan by filling out the simple form on the right.
DUI Accident Lawsuits
After a DUI accident victim has sought medical treatment for their injuries, they can begin to think about their legal options going forward. Since DUI is a serious crime, prosecution will begin soon after the accident and the perpetrator may be tried under criminal law. Whether or not a driver is found guilty, or even charged with DUI, a civil lawsuit can be filed by a victim of a crash involving someone possibly driving under the influence. This civil suit can seek monetary compensation for medical bills (past, present, and future), lost wages, and pain and suffering. In addition, the victim may also be awarded punitive damages in order to punish the driver and discourage others from behaving in a similar fashion.
Tennessee Dram Shop Liability
A dram shop is a bar, store, or tavern that sells alcoholic beverages. Within the United States, some states and jurisdictions allow for victims of DUI accidents to sue the dram shop that provided alcohol to the perpetrator, provided that the server was aware the perpetrator was underage or intoxicated at the time of purchase. This provides another possible source for compensation, if an accident allows for this type of lawsuit. In Tennessee, a dram shop case is allowed to proceed if the establishment:
“(1) Sold or furnished the alcoholic beverage or beer to a person known to be under the age of twenty-one (21) years and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold or furnished; or (2) Sold or furnished the alcoholic beverage or beer to an obviously intoxicated person and such person caused the personal injury or death as the direct result of the consumption of the alcoholic beverage or beer so sold or furnished.”
In these situations, experienced lawyers can work to prove that the alcohol sold by the establishment was the proximate cause of the accident and resulting injuries or death, allowing for possible additional compensation for the victim.
Driving under the Influence of Drugs
Driving under the influence of alcohol is a widely-discussed, well-known problem. In 2010, the National Highway Traffic Safety Administration (NHTSA) reported that a total of 10,228 people were killed in alcohol related crashes. Though not as widely discussed, many fatal accidents involve drivers under the influence of drugs. In 2009 alone, there were 3,952 drugged driving deaths. If an attorney can prove that a driver’s motor skills were impaired because of drug use, a civil suit could recover potentially substantial damages for the victim.
Memphis DUI Accident Attorneys
More than a quarter of United States accident fatalities involve a driver under the influence of alcohol or drugs. These accidents often yield horrific accidents and incapacitating injuries for victims, leading to considerable physical, mental, and financial hardships. A skilled attorney can help you through this difficult process to find the possible sources of liability (individual, dram shop, etc.) and attain the highest form of legal compensation possible.
If you or someone you know was injured in a drunk driving accident, fill out the simple form on the right to receive a free, no-obligation consultation from one of the dedicated and compassionate Memphis DUI accident lawyers from Morgan & Morgan.