Tennessee Drunk Driving Accidents
All too often, Tennessee newspapers and TV stations feature yet another tragic story because a drunk driver decided to get behind the wheel of a car. The most heartbreaking aspect of drunk driving is that any injuries or fatalities caused by drunk drivers are entirely preventable. Still, many negligent or careless individuals continue to drink and drive.
When someone is injured or killed by a drunk driver, the primary responsibility lies with the drunk driver. This includes both criminal liability, such as fines and prison time, and civil liability, which includes financial compensation to the victim or the victim's family.
In recent years, more and more states have enacted laws that also place liability on the establishments that sell and serve alcohol. These statutes are known collectively as dram shop laws. Tennessee is one of 40 states that currently has such a law on the books.
If you have been injured in a drunk driving accident, Tennessee 's dram shop law may apply. You owe it to yourself and your loved ones to know your rights. The attorneys at Terry, Terry, and Stapleton in Morristown, TN understand the law and will work to recover all of the compensation to which you're entitled. From offices in Morristown, we represent clients throughout Tennessee, including Rogersville , Newport , Morristown, Knoxville , Kingsport , Johnson City , Jefferson City and Greeneville . Contact us today at 1-800-518-3779 or through our online form for help with your legal case.
The phrase “dram shop” comes from the way alcohol was sold in England during the 18th century, when businesses would sell gin by the spoonful, called a dram. The purpose of such laws is to make retailers of alcohol more responsible for their actions. Although the primary goal is to reduce the number of drunk drivers on the road, the law also serves to protect those who have been victims of irresponsible behavior.
Every state with a dram shop law has its own specific language and requirements. In Tennessee , there are strict conditions that must be met in a successful case. A jury must find that the injury or death was a natural, direct, uninterrupted consequence of the sale of alcohol and that, without that sale, the injury would not have occurred. Also, the sale must have been to either an individual under the age of 21 or to a person who was obviously intoxicated at the time of purchase.
What does this mean for the victim of a drunk driver? It means that the individual -- as well as his or her family -- may be entitled to recover damages from the bar, restaurant, or store that sold the alcohol. It also means, however, that the victim must both establish what is known as "proximate cause" and also prove that the sale of alcohol was inappropriate.
The help of a legal team experienced with personal injury cases is typically needed to bring a successful claim. The law typically provides a very short statute of limitations, meaning you don't have much time to file a lawsuit. That's why if you or someone you love has been the victim of a drunk driving accident, it is critical to speak with a knowledgeable and experienced attorney as soon after the accident as possible.
The Morristown, Tennessee auto accident attorneys at Terry, Terry and Stapleton have helped our clients for the last 48 years recover some of the largest legal settlements and courtroom verdicts in East Tennessee, including Hamblen , Hawkins , Greene , Sevier , Knox , Washington , Sullivan, and Cocke counties. To schedule an evaluation of your case, call us at 1-800-518-3779 or contact us via our online form to discuss your case.
