Nashville Drunk Driving Accidents
Davidson County is consistently one of the deadliest counties in Tennessee when it comes to drunk driving accidents. Between 2007 and 2017, more than 8,000 alcohol-related crashes occurred in Davidson County, which accounts for over 10% of all alcohol-related crashes in Tennessee over the same period of time. Despite prominent campaigns against drunk driving, it is still one of the leading causes of death across the country. For more than 30 years, Nahon, Saharovich & Trotz has helped victims injured by drunk drivers get the resolve they deserve, and our attorneys know how a serious car wreck can affect you and your family. If you have been injured by an impaired driver, our Nashville car accident attorneys are ready and willing to speak with you today about your legal options.
Drunk Driving Accidents in Nashville
Although drunk driving is punishable by law for a driver with a blood alcohol concentration of .08% or higher, criminal proceedings can do very little to help you recover sufficient damages from the impaired driver to cover all of your losses. Fortunately, you may have a civil remedy available in order to compensate you for those damages. Even if the drunk driver is not convicted of driving while intoxicated (DWI) or driving under the influence (DUI) in criminal court, a civil claim can still be brought against that person for negligently causing the wreck.
Under Tennessee law, to be convicted of a crime, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. Conversely, in a civil case, the burden of proof is lessened to that of a preponderance of the evidence. Proving guilt beyond a reasonable doubt is an extremely high burden on a prosecutor. When finding a defendant liable in civil court based on a preponderance of the evidence, however, the trier of fact will look at all of the evidence submitted and make a decision of liability based on the plaintiff’s proof being more likely than not.
In order to recover damages in a civil claim after a drunk driving accident, you must show the defendant’s negligence. This requires that the innocent party establish four essential elements – duty, breach of that duty, causation, and damages. For example, if it is proven the person who ran a stop sign and hit you was driving while intoxicated, that the intoxication caused or contributed to the accident, and you suffered injuries as a result, negligence can be established.
It is important to note that the drunk driver may try to place some, if not all, of the blame on you. The impaired driver may say that you contributed to the accident. Tennessee follows modified comparative fault. Under this defense, if you are found to be 50% or more at fault for the accident, you will be barred from recovery. Experienced drunk driving accident lawyers in the Nashville area will be prepared to combat and counter allegations of fault against you by utilizing witness statements, police reports, photos of the scene and vehicles, and other forms of proof to support your case.
Call One of Our Experienced Nashville Drunk Driving Accident Lawyers Today
Drunk driving is dangerous. Many times these accidents lead to catastrophic damages that leave you with severe and life-threatening injuries. Nahon, Saharovich & Trotz has 30 attorneys and over 120 support staff members who understand the types of damages that could be available to drunk driving accident victims in the greater Nashville area. Call us toll-free at 800-LAW-4004 or complete our online form to set up a free consultation.