Drunk driving accidents are on the rise across the country, and Tennessee is no exception. Tennessee ranks 12th in the nation for drunk driving accidents, and nearly 27% of all fatal Tennessee car accidents involve a drunk driver.
While every case is different, iIf a drunk driver hits you, there are some universal things you should do and some important facts you should know.
- Call the police if you are able. When the police arrive on the scene, try to remain calm and polite and cooperate fully with their investigation.
- Seek medical attention if necessary. While some people think accident victims tend to exaggerate their injuries after an accident, we often find the exact opposite. Most people are too embarrassed to ride in an ambulance, or they think they just need to get home, take some Tylenol, and lay down. As a result, they often refuse medical treatment at the scene only to later find out they did sustain a fracture or other serious injury. If you are unsure about the nature and extent of your injuries, at a minimum, get checked out immediately. And if emergency responders think you need medical treatment, listen to their advice.
- As soon as you are able, notify your own insurance carrier of the accident and provide them with any requested information. Again, be truthful. Do not exaggerate and do not minimize your injuries.
- Following a drunk driving accident, you may have several potential claims. First, you may have a claim against the drunk driver who caused the accident. However, if the drunk driver does not have insurance or does not have sufficient insurance to compensate you for your injuries, you may also have a claim for underinsured/uninsured motorist coverage with your own insurance carrier if you paid for that type of coverage. With an underinsured or uninsured claim, you will actually be adverse to your own insurance company because you will be seeking compensation from them as opposed to the drunk driver. Finally, you may have what the law calls a “dram shop liability” case. This is a type of claim that arises when the drunk driver was overserved at a bar, restaurant, country club, or similar venue and may permit you to sue the venue if the venue served an “obviously intoxicated” individual. If the drunk driver was underage, you may have a claim against whoever furnished the alcohol to the driver.
- Proving the other driver was drunk is the first hurdle. To prove that you are entitled to compensation for your injuries, you must also prove the nature and extent of the injuries caused by the accident and other damages like lost wages. Important information that you will want to gather and present could include: medical records, employment records, property damage estimates, photos of your injuries, the vehicle or the scene, breathalyzer and toxicology reports, police car and bodycam footage, 911 calls, witness statements, etc.
- Even if the drunk driver is criminally convicted, it does not mean that you will automatically be offered a reasonable settlement. The criminal conviction proves the drunk driver was negligent, but again you must prove the nature and extent of your injuries and other damages.
- Do not be rushed into a settlement. This is especially true if you still see a medical professional for your injuries.
As always, our award-winning lawyers are here if you need help following a drunk driving accident. We handle all drunk driving cases on a contingency basis, so we only get paid if we recover money from you. To get started, simply give us a call for a free, no-obligation consultation.
Nashville: 615-669-3993
Murfreesboro: 615-867-9900
Brentwood: 615-742-4880
Toll-Free: 866-812-8787