Criminal Case vs. Your Civil Claim
When a drunk driver is arrested, the state pursues criminal charges — but that case is about punishing the driver, not compensating you. Your civil injury claim is separate and seeks money for your medical bills, lost income, and pain. A criminal conviction can actually strengthen your civil case, but you do not have to wait for the criminal case to conclude to pursue compensation.
Tennessee Dram Shop Liability
Tennessee's dram shop law can hold a bar, restaurant, or retailer liable if they sold alcohol to a visibly intoxicated person or to a minor who then caused a crash. Proving dram shop liability requires careful investigation, but it can provide an additional source of compensation when the drunk driver's insurance is not enough.
Punitive Damages
Because drunk driving is considered especially reckless, Tennessee law may allow punitive damages in these cases — compensation intended to punish the wrongdoer and deter similar conduct, on top of damages for your actual losses. These cases require an attorney who knows how to present the conduct to a court.
Compensation for Victims and Families
Victims can recover medical expenses, lost wages, future care costs, and pain and suffering. When a drunk driving crash is fatal, surviving family members can bring a wrongful death claim for their losses, including loss of companionship and financial support.
Injured in Tennessee? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Yes. The criminal case and your civil injury claim are separate. A criminal conviction can help prove fault in your civil case, but you can pursue compensation regardless of the criminal outcome.
Possibly. Under Tennessee's dram shop law, a business that served alcohol to a visibly intoxicated person or a minor may share liability if that person then caused a crash.
They can be. Tennessee allows punitive damages for especially reckless conduct, and drunk driving often qualifies. An attorney can assess whether they may apply in your case.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Tennessee attorney. Injury Claim Team is a legal referral service, not a law firm.