Category: Drunk Driving Accidents

The National Conference of State Legislatures explains that 30 states have enacted dram shop laws. These laws provide a potential source of compensation for drunk driving victims. If a business served alcohol to someone who then drove while intoxicated and caused an accident, the injured parties in that accident may sue the business. Tennessee is among the 30 states which allow dram shop liability lawsuits. 

Tennessee’s dram shop laws require victims (also called plaintiffs) to first and foremost prove that their injuries stemmed from the accident. Then, the plaintiff must link the defendant business to those injuries. Under Tennessee laws, the proximate cause of drunk driving accidents is the DUI driver’s consumption of alcohol. In other words, the general presumption is that a DUI driver causes accidents by consuming alcohol.

To successfully bring a dram shop case, plaintiffs need to overcome this presumption. Doing so requires establishing that the business sold or served alcohol. This alcohol must have been provided to a person below the legal drinking age. Alternatively, the victim may show that the defendant sold or served alcohol to an obviously drunk person.

Plaintiffs must also prove that their injuries were proximately caused by the business’ sale or distribution of alcohol. This is generally a jury question. The jury members must determine that the business’ actions were connected to the traffic accident. This link must be sufficient to hold the business liable for the plaintiffs’ injuries.

Should a plaintiff successfully file a dram shop lawsuit, it may be possible to obtain damages which address the emotional, financial and physical losses that they suffered. 

As the body ages, it is less capable of breaking down alcohol. The U.S. Department of Health and Human Services notes that older people in Tennessee and around the country could be at a higher risk for unknowingly driving while intoxicated because of the following: 

•        Older bodies do not metabolize and absorb alcohol as quickly as younger bodies can.
•        The elderly are more likely to have health conditions that alcohol will exacerbate.
•        Medications that are prevalent among the elderly do not mix well with alcohol.
•        The aging process leaves less water in the body, which can lead to a higher blood alcohol concentration.

Researchers from the University of Florida decided to test the difference between the effects of alcohol on people ages 25 to 35 and those ages 55 to 70. Both groups took a driving test in a controlled environment while sober. The participants then drank either a non-alcoholic drink or a beverage that would raise their alcohol content to a legal level but one that a breath test would register.

After having the drink, the participants took the driving test again. Researchers found that the elderly people had poorer precision and exhibited signs of impairment, while the younger participants scored well.

The finding is a necessary reminder that inebriation can begin after just one drink. As countless studies and real-life accidents have shown, alcohol and driving simply do not mix. Anyone who gets behind the wheel should be aware of their risk factors for causing a drunk driving accident, which includes how old they are.

At the law office of Pryor, Priest and Harber, we appreciate how difficult it can be for Tennessee residents to recover from accidents caused by drunk drivers. Such collisions may leave victims with serious physical injury, financial loss and psychological trauma. While nothing can undo the harms of a drunk driving accident, there are penalties for those who drink and drive.

As the Tennessee Department of Safety and Homeland Security explains, there are severe consequences for those convicted of drinking and driving in this state. The fines and sentences associated with a DUI conviction will depend on whether the driver has prior convictions of driving while intoxicated.

First-time offenders will be sentenced up to 11 months and 29 days in jail if their blood alcohol content levels were less than 0.20. Their licenses will be revoked for one year, and they will be ordered to pay $350 to $1,500 in fines. Offenders with BAC levels higher than 0.20 will be sentenced to at least 7 days of jail time, which must be served consecutively.   

If a driver had one or two prior DUI convictions, the penalties will be more severe. The jail time, fines and license revocation periods will all be higher than they would be for first-time offenders.

Those with four or more DUI convictions will face class E felony charges. Convictions on such charges may result in a maximum prison sentence of one year. Additionally, the offender may be required to pay a $3,000 to $15,000 fine. An eight-year license revocation will also apply.

In addition to these criminal penalties, the victims of drunk driving accidents may be able to seek compensation through civil actions. For more information on the civil remedies available to drunk driving victims, please see our page on car accidents.  

Each day, millions of Tennessee drivers take to the road. Whether on an interstate or a dusty East Tennessee back road, automobile travelers face the risk of encountering impaired drivers. Despite being preventable, accidents caused by drunk driving can lead to permanent injury or death.

According to the Centers for Disease Control and Prevention, alcohol-impaired driving accidents resulted in 31 percent of traffic-related deaths in 2012. In 18 percent of traffic-related deaths, substances other than alcohol were involved. Unfortunately, many of these deaths involved children. For all children involved in traffic-related deaths in 2012, 1 in 5 were killed by impaired drivers.

However, unlike other driving accidents, those caused by alcohol or substance use are preventable. Laws criminalizing intoxicated driving do reduce the number of alcohol- and drug-related driving deaths. However, the number of drivers who self-report driving under the influence is significantly higher than the number of individuals arrested each year. Reducing the number of impaired drivers on the road requires more than adequate policing. Individuals’ choices significantly impact the number of impaired drivers on the road.

When drinking, friends can take steps to make sure everyone has fun but also stays safe. Having a designated driver ensures that no one takes the wheel in an impaired condition. Individuals can also keep the number of a cab company handy.

Unfortunately, not all drivers will take these precautions, resulting in unnecessary suffering for many. Accident injuries from drunk driving can result in high medical bills, lost income and death. Personal injury lawyers can help individuals who have suffered at the hands of an impaired driver. Their knowledge of the law can help victims fight back and recover losses resulting from the accident.

Source: Centers for Disease Control and Prevention, “Impaired Driving: Get the Facts,” Accessed Feb. 13, 2015

Drivers who operate their vehicles on the roads of Tennessee in a state of alcohol intoxication or other chemical impairment are among the most serious hazards presented on the highway. Drivers whose abilities have been influenced by drugs or drinking are responsible for a large number of injuries and fatalities across the United States every day. In fact, according to one authoritative estimate, almost 30 people are killed in alcohol-related traffic accidents every day.

This amounts to more than 10,000 fatalities in the average year. The collective costs associated with such accidents reach approximately $59 billion every year.

In addition, about 20 percent of the children under the age of 14 who die on the roads in an average year are killed in an accident involving alcohol. About half of these children were riding in the car with the intoxicated individual behind the wheel.

Those who have been hurt in a car accident involving an intoxicated driver may wish to pursue legal redress for their injuries and compensation for the economic harm that has been done to them. Driving while under the influence of alcohol is a serious violation of the law in the state of Tennessee, and the state will prosecute when there is evidence that such a crime has been committed. This criminal prosecution would be carried out separately from any personal injury suit that may be pending against an allegedly intoxicated driver, as the lawsuit would be a civil action. However, any information that enters the public record at a criminal trial may be used by the plaintiff in a civil case. An attorney may be able to assist with filing a lawsuit and assembling the necessary evidence for presentation to the defendant, their representatives and the court.

Source: Centers for Disease Control and Prevention, “Impaired Driving: Get the Facts“, January 03, 2015

Impaired driving in Tennessee encompasses more than those who drink and drive. People also often drive impaired while under the influence of illegal drugs. Many others drive while impaired by legal prescription medication or certain over the counter drugs that affect the person’s ability to safely operate a motor vehicle. Any one of these types of impaired driving can result in criminal charges, and all of them cause a substantial risk of serious personal injury to others as a result of a car accident.

According to the Centers for Disease Control and Prevention, a person dies every 51 minutes in the United States as a result of an impaired driver. Statistics demonstrate that nearly 30 people die every day in drug or alcohol-related motor vehicle crashes.

In 2012, 31 percent of all fatalities resulted from impaired driving accidents. In that year, 10,322 people lost their lives in such accidents. People continue to drive impaired despite the dangers they pose both to themselves and others. In 2010, for instance, 1.4 million people were arrested for driving under the influence.

Unfortunately, many people continue to be seriously injured or killed in car accidents caused by drunk or impaired drivers every year. Despite the major risks to others on the nation’s roads, people continue to get behind the wheel when they shouldn’t be driving. In addition to facing potentially serious criminal charges, drunk drivers who injure or kill others may also be held responsible for the damages suffered by the victims and families of those who are injured or killed due to their wrongful actions. When people are seriously injured at the hands of an impaired driver, they may be able to recover compensatory damages for their losses they sustained as a result.

Source: CDC, “Impaired Driving: Get the Facts“, November 14, 2014

An Oct. 3 six-car crash left a family of four dead and four others injured. The accident, which is still under investigation, began when two cars were stopped for unknown reasons in the middle of I-40 in Wilson County. According to investigators, the two cars were then struck from behind by four other vehicles.

According to sources, a Tennessee woman and mother of two who survived the crash said that she was forced to stop upon seeing patrol cars in the middle of the road. She could not recall additional details prior to the collision. A Tennessee Highway Patrol spokesperson said that the incidents leading to the fatal crash are still being investigated.

The family of four that was killed in the crash hailed from Benton, Kentucky, and included a pastor for Roseland Baptist Church. Police charged a 24-year-old Lebanon man with driving under the influence.

Currently, at least one driver in the pile-up was found to be under the influence. In additional to criminal charges, the man may also face a civil suit from those who were injured and from the family of those killed. As the investigation continues, negligence may be found on the part of some of the other drivers involved as well, and they may face similar consequences.

Funeral expenses, pain and suffering, lost wages due to accident injury and medical expenses are all grounds for civil cases. Those that were injured in the accident and the family members of those killed may want to contact a lawyer to explore their options with regard to compensation. Using police reports, witness accounts and accident reconstruction, a lawyer could potentially build a case that gets those affected recompense for their losses.

Source: WSMV, “Survivor in I-40 crash speaks out“, Alanna Autler, October 05, 2014

A driver involved in a fatal collision in Kingsport on July 19 has been indicted by a Sullivan County Grand Jury. The man was charged with speeding, driving under the influence, driving left of center, reckless endangerment, reckless aggravated assault and vehicular homicide by intoxication.

According to the Kingston Police Department, the fatal car accident took place at about 5:00 a.m. on East Stone Drive near Tyson Lane. A Honda Accord was reportedly traveling the wrong way on the road when it collided head-on with an eastbound Kia Spectra.

The driver of the Kia was killed as a result of the impact. The driver of the Accord and his female front seat passenger were both taken to Holston Valley Medical Center for treatment of possible injuries. Both vehicles sustained extensive, disabling damages. At the time of the accident, police believed that alcohol and speeding had played a role in the accident. Blood test results from the Honda driver allegedly confirmed this, yielding a .15 percent at the time of the accident, almost twice the legal limit in Tennessee. Additionally, the investigation reportedly revealed that the Honda had been traveling upwards of 73 mph in a 45-mph zone at the time of the accident.

The family of a deceased victim might file a wrongful death claim against an accused driver to recover damages resulting from the victim’s death. The information from any applicable police investigations and criminal charges brought against a driver can be used as evidence to show liability and negligence in a civil suit. In Tennessee, a successful claim might result in rewards for non-economic damages including the pain and suffering of the deceased due to the injury and for economic damages including expenses incurred due to the victim’s loss.

Source: WCYB, “Kingsport man charged in fatal July accident“, September 25, 2014

A car accident can be a difficult and painful event in life. This is especially true when the driver responsible for the car accident was under the influence of drugs or alcohol. Knowing that the event was the result of another person’s recklessness can make the frustrations of dealing with the aftermath even more troubling. Whether it is paying medical, bills, handling insurance claims or finding repairs or a new vehicle, recovering from a wreck can be a time-consuming and expensive process.

A nationwide effort to reduce the occurrence of accidents from drunk driving and other causes is underway. It is called the Drive to Zero Fatalities initiative. Part of this effort involves increased DUI and seat belt enforcement. The Department of Safety and Homeland Security Commissioner for Tennessee explains that the goal of the new initiative is to eliminate as many traffic fatalities as possible.

Currently, impaired driving is estimated to be responsible for nearly one-third of all motor vehicle accident fatalities, and it is also a factor in many non-fatal accidents. In the city of Jackson, Tennessee, the number of DUI arrests has increased by roughly 20 percent in the past year as law enforcement officials seek out drivers who place themselves and others in potentially dangerous situations.

Although progress is taking place, the risk of suffering an accident at the hands of a drunk driver remains a very real possibility. If you have been in an accident that involved a drunk driver or a drugged driver, experienced personal injury attorneys may be able to help you. Working through medical bills and insurance claims can be difficult, though being familiar with all of your options and the specific steps involved can help in the process of trying to obtain the best resolution to your situation.

Source: Jackson Sun, “State crash deaths decrease,” Beth Knoll, May 13, 2014

A local Knoxville man, already convicted in five previous DUI cases, has accepted a plea deal that would mean 20 years behind bars. The family of his latest victim is speaking out, though, after discovering that, after only six years, he will be eligible for parole.

This most recent DUI took the life of one man and injured five others, including the victim’s son, who was left with such serious brain injuries that he can no longer walk, talk, or engage in his favorite pastime—playing soccer.

The man’s wife and family are left to pick up the pieces and are outraged—and insulted—that the offender could see freedom in such a short time.

The collision took place August 23, 2013 on Governor John Sevier Highway. The intoxicated driver, whose toxicology report came back as positive for crack cocaine and Valium, veered into the oncoming lane, striking the victim’s vehicle and causing it to careen into an SUV.

Tennessee state law dictates that a fifth DUI automatically carries a felony charge, as does each conviction thereafter. He is facing two counts of vehicular assault and charges of aggravated vehicular homicide.

In the coming days, a judge will be tasked with deciding whether the plea deal is fair or not and either accept or reject it. The family is pleading for the latter.

Cases like these deserve a swift and definitive response, but often insurance companies do their best to limit payouts and downplay the damages the accident has caused. A Knoxville attorney can work with the victim’s family to make sure justice is served and victims receive compensation for the pain and suffering they’ve had to endure.

Source: wate.com, “5 time DUI offender accused in deadly Knoxville crash may get plea deal with parole eligibility after six years,” Stephanie Beecken, April 22, 2014