How Getting Hit By a Drunk Driver Separates You From a Regular Car Accident Claim

Victims of a drunk driving accident face numerous complications in their recovery. These accidents often involve significant force from fast-moving vehicles and drivers who fail to take any actions to avoid a collision. Yet, there are numerous other factors that make being hit by a drunk driver much different than what you could expect when filing a traditional car accident claim. A Nashville drunk driving accident attorney can be of assistance when seeking compensation for your injuries.

Who Is at Fault Matters

One of the first differences concerns fault. Most often, the drunk driver will be held at fault, meaning their liability insurance covers your losses. However, they may not be the only party at fault, and Tenn. Code § 57-10-102 creates dram shop laws.

In situations where a bar or restaurant overserves a person alcohol, knowing that the person was intoxicated, that location could be held liable. This falls under Tennessee’s dram shop laws. If the driver exhibited visible signs of being intoxicated and they continued to serve them alcohol, that party could be at fault.

Also note that if a restaurant, bar, or other commercial facility serves someone under the age of 21 alcohol and that person then causes an accident, the establishment could be held liable. In situations where there is a social host who knowingly provides alcohol to a minor under the age of 21, knowing that the person is getting behind the wheel of a car, the social host may also be held accountable.

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What You Are Owed Differs

Another component of a drunk driving accident claim that differs from a traditional claim is the type of damages you can recover. In both situations, victims can recover damages related to economic losses, such as medical bills and lost wages, as well as non-economic losses, including pain and suffering and loss of enjoyment of life. However, in a drunk driving accident, punitive damages may also apply.

Typically, punitive damages apply in situations where the court wants to punish the at-fault party. Punitive damages are not meant to make the victim whole. Instead, they serve as a punishment for gross negligence, with the objective of discouraging the driver, and in fact the public at large, from engaging in such actions again.

Punitive damages are typically applicable in gross negligence or reckless situations. For example, in a situation where a driver makes a mistake while operating the vehicle, they were not intentional in their actions. This would be considered a mere accident. However, drunk driving is not the same. It is an intentional act of getting behind the wheel of a car knowing they were drinking. This is when punitive damages may be applied.

Having a Legal Team Is Critical in Drunk Driving Claims

In every drunk driving accident, there are usually two concurrent cases occurring. The police will pursue criminal charges, but that does nothing for you financially, and you will need to pursue civil litigation against the at-fault parties. To protect yourself and recover maximum damages in these more complex cases, hire a drunk driving accident lawyer who is working solely on your behalf. This accident caused you much more than a fender bender, and you need the insurance company to recognize that and treat you fairly.

Contact Our Nashville Drunk Driving Accident Lawyer for a Free Consultation

If you are the victim of a drunk driving accident, contact our auto accident lawyers at Selvidge Injury Law for a free consultation. Our legal team will build a comprehensive case for you and fight for maximum compensation in every situation. Discuss your case with our legal team.