With its bustling streets, vibrant nightlife, and stellar music scene, Memphis has earned its reputation as the Birthplace of Rock ‘n’ Roll.
Unfortunately, the lively nightlife activity in the city comes with drawbacks. Drunk driving is a serious issue, affecting thousands of residents and tourists each year. If you suffer an injury in a drunk driving accident, you will need an experienced and skilled Memphis drunk driving car accident lawyer on your side.
At Rainwater, Holt & Sexton, our injury lawyers know the complexities of drunk driving accidents. We know that the police care about the criminal aspects of the accident. We know that insurance companies care about protecting their bottom line. Who cares about you and your needs during this time? We do.
Our auto accident attorneys will hold negligent and irresponsible drunk drivers accountable for the harm they’ve caused. We help injured auto accident victims seek full compensation so that they can put their lives back together after a serious drunk driving crash.
In Memphis and throughout the state of Tennessee, all drivers who operate their vehicles with a Blood Alcohol Content of 0.08 or greater are guilty of drunk driving. When a drunk driving accident occurs, the police will arrive at the scene of the accident. They will likely arrest the drunk driver and file charges against them as their primary focus. While they will also complete a police report and document the accident, it is your job to file a claim if you wish to recover compensation for the harm you’ve suffered.
An experienced drunk driving car collision attorney in Memphis can help you seek justice. While you focus on your recovery, your lawyer can build your case, negotiate with insurers, and protect your rights.
It is important to know that it is also illegal to drive impaired in any way. A driver may not be drunk, but they could be under the influence of drugs at the time of the crash. These types of accidents may be more challenging to negotiate and litigate. Much of your case will depend on the police’s report, the toxicology reports, eyewitness accounts, and the behavior and mannerisms of the intoxicated driver.
After a drunk driving crash, most accident victims will have a lawsuit against the driver even if they are partly to blame for the crash. In Memphis, as long as you are less than 50% to blame for the accident, you can seek damages.
If you are uncertain if you have a case, you should speak to an experienced Memphis drunk driving car crash lawyer immediately. At Rainwater, Holt & Sexton, we can review the details of your accident and determine if you can file a claim or a lawsuit. If the other driver was drunk and caused harm to you, you’ll likely have a strong case.
If a drunk driver hit you, you might not know what to do next. However, the steps you take after the accident can have a significant impact on your case. After you suffer injury in a drunk driving accident, take the following steps:
Remember, you should never sign anything without first talking to your lawyer. A talented drunk driving accident lawyer will work on your behalf to help you receive full compensation in Memphis.
After your drunk driving accident, you may wonder who is to blame for your crash and your injuries. Your drunk driving attorney will be able to establish liability and help you pursue compensation after your car accident in Memphis.
The most obvious person responsible is the drunk driver. They broke the law and drove with a blood alcohol content over the legal limit. As such, they can – and should – be held accountable.
Tennessee follows a comparative fault law. This means that the court distributes damages based on your degree of fault. In a drunk driving accident, the drunk driver is likely to be mostly to blame. However, if you are more than 50 percent responsible for the accident, then you cannot collect damages.
The drunk driver may not be the only party responsible for your accident. In Tennessee, a third party can be found liable for the accident if they recklessly supplied an intoxicated driver with alcohol. This is known as the dram shop liability law, outlined by Section 57-10-102 of the Tennessee Code. If a vendor sold an already intoxicated patron alcohol or to someone under the age of 21, then they can be held liable for the accident. That way, injured accident victims can recover from all of the responsible parties, not just the drunk driver.
Source NHTSA Overview of Motorcycle Crashes in 2019
According to the CDC, drunk driving continues to be a problem across the United States. In one recent year, more than 10,000 people died in alcohol-related crashes. This accounted for 28 percent of all traffic deaths in the U.S. 17 percent of all car accident deaths in children 0-14 years old were caused by a drunk driver.
Even worse, a recent study reported that 111 million adults admitted to driving impaired in a current year. That same year only 1 million drivers were arrested for drunk driving. That means 99 percent of drunk drivers are never caught.
In Tennessee, drunk drivers are responsible for 26 percent of all traffic fatalities. More people die in car accidents in Shelby County than in any other county in the state. It also accounts for the most drunk driving fatalities in the state. Our car crash lawyers work to hold drunk drivers accountable in Memphis.
Drunk driving accident victims are entitled to seek compensation for the injuries and damages they suffered. This includes both economic and non-economic damages.
Economic damages are losses that are easy to quantify with receipts, bills, and records. Those include:
Non-economic damages are subjective and include:
In rare cases, accident victims can seek punitive damages to punish the drunk driver for their actions. The state of Tennessee does allow punitive damages. However, there may be caps on the compensation you can receive. Since the laws in Tennessee are constantly changing, it is best to speak to an experienced Memphis drunk driving auto wreck attorney at Rainwater, Holt & Sexton.
Drunk driving crashes are complex. These cases must be investigated carefully. Toxicology and BAC reports must be obtained and police records examined. While the police focus on the criminal elements of the case, you need someone on your side focused on getting you the compensation you deserve.
Insurance companies often low-ball injured drunk driving accident victims. Their main goal is to pay you as little as possible. You need someone who can push back against these tactics and fight aggressively for your rights and future.
Our Memphis injury lawyers have helped victims of drunk driving car accidents for decades. We care about our clients and help them seek justice after a serious accident. We have experience helping injured accident victims in both Tennessee and Arkansas. As such, you can rest easier knowing you have a dedicated team of injury attorneys on your side no matter where your injury occurred.
We have over 30 attorneys ready to assist you through this difficult time. After a drunk driving accident, you deserve to have a winning team on your side.
From Lakeland and Germantown to Southaven, our Memphis drunk driving auto accident attorneys are here to help you. We know the most dangerous locations in Memphis where drunk driving accidents occur, including intersections near Beale Street and other tourist locations. We also know that tourists often face uphill battles when trying to handle insurance claims in other states. That is why we work tirelessly for all injured accident victims.
If you suffered an injury in a drunk driving accident anywhere in Memphis, we can help. You are not alone.
With offices throughout Arkansas—Little Rock, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro—our personal injury lawyers are here to help you no matter where you suffer an injury. Contact Rainwater, Holt & Sexton today to talk to a Memphis drunk driving accident lawyer.
Fill out a free contact request form, which only takes a minute, or simply dial (501) 868-2500 and tell us your story. We offer FREE consultations in person or over the phone to better assist you. You have nothing to lose, call us today!
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