Nashville Drunk Driving Accident Lawyers Holding Defendants Accountable

Despite admirable efforts that have been made by governmental agencies on all levels, interest groups, charities and even individuals to curb the dangerous practice of drinking and driving in Tennessee, the fact remains that Tennessee DUI accidents remain an enormous problem for society. Anyone who has been harmed by a drunk driver in an accident needs to seek the immediate help of Tennessee drunk driving accident lawyers for several reasons.

Below you'll find information regarding basic laws and statistics regarding Tennessee drunk driving and accidents, the issues relating to criminal prosecution versus civil lawsuits filed in the aftermath of a Tennessee DUI accident, the process of attaching liability to someone who has caused injuries or worse while driving drunk, the role of insurance companies in the aftermath of these crashes and finally how you should proceed if you or someone you love has been harmed in this manner and you need the help of experienced Nashville drunk driving accident lawyers.

Laws and Statistics Regarding Tennessee Drunk Driving

Tennessee is much like other jurisdictions in terms of what it takes to be found guilty of drunk driving. If a driver is found to have a Blood Alcohol Content, or BAC over 0.08, he or she is considered legally impaired and therefore should not be driving a vehicle. This standard has been lowered in recent years from 0.10, and those who have anything to drink should understand that it only takes a few ounces of alcohol to hit this mark.

Unfortunately, the lowered BAC limit and tougher enforcement efforts and penalties that have been put in place regarding drunk driving in Tennessee have not seemed to have had an effect on the number of people who are engaging in this conduct. Specifically, more than 9,000 Tennessee car accidents occur every year in which alcohol is listed as a factor in what led to the collision.

When this number is broken down further, it leads to the conclusion that there are 750 Tennessee car accidents that occur every month where alcohol was a factor, and almost 25 accidents per day occur for the same reason. These numbers have held disturbingly steady in recent years and show no signs of turning downward.

Criminal Prosecution vs. Civil Liability

When someone is involved in an accident while he or she was driving drunk, that person could face any number of criminal charges and ultimately a prosecution. This is particularly true if an accident caused by a drunk driver in Tennessee leads to injuries or fatalities. At this point, the drunk driver could face substantial prison time.

As a result of this criminal prosecution process, many people who have been harmed in this manner either hesitate to begin the process of protecting their legal rights or they wrongly assume that they do not have options to pursue other than what's already occurring in the criminal court.

This is simply not the case. Anyone who has been harmed by a drunk driver in a TN car accident has the right to pursue damages by way of a Tennessee personal injury lawsuit, regardless of the process or even the existence of a criminal prosecution for the same accident. It could be of help to have a criminal conviction on the defendant's record when attempting to secure damages. However, there are situations where it is not advisable to wait for this process to be completed.

Attaching Liability to a Tennessee Drunk Driver

Unlike criminal courts, civil courts in Tennessee that hold trials for personal injury cases do not require the plaintiff to prove his or her case beyond a reasonable doubt. Instead, the plaintiff need only prove by a preponderance of the evidence that the conduct alleged caused the injuries and damages suffered. Proving something by preponderance of the evidence means that it is more likely than not that the alleged conduct occurred and led to the damages incurred.

There are several pieces of evidence gathered by our Nashville liability attorneys that could prove vital to attaching liability to the defendant. First and foremost is any evidence relating to the condition of the alleged drunk driver. This could include the results of tests that measure the driver's BAC level and witness testimony of the police officer who reported to the scene of the accident or anyone else who may have been in the presence of the defendant while alcohol was being consumed.

The Role of Insurance Companies in Tennessee DUI Accidents

If someone is injured in a Tennessee DUI accident, the alleged drunk driver's insurance company still must cover that driver for that accident. As a result, the same process that generally takes place when a non-DUI car accident occurs plays out in the aftermath of a DUI crash. What this means is that the person who has been injured will likely be dealing with an insurance adjuster whose job is to settle claims, but to do so in a manner that protects the insurance company from a large amount of financial liability.

Therefore if you or someone you love has been harmed by a drunk driver, you need to make sure that you're doing everything you can to protect and enforce your legal rights. Seek the help of Tennessee drunk driving accident lawyers who have been holding those responsible for this conduct accountable for many years. Contact Michael D. Ponce & Associates today to schedule a free initial consultation.