Chattanooga Drunk Driving Accident Lawyer

Drunk Driving Accidents Overview

Drunk driving is among the most common causes of vehicle collisions. The majority of drunk driving accidents are those in which two automobiles collide. Alcohol-related incidents can also involve motorcyclists, tractor-trailer drivers, boaters, pedestrians and bicyclists. Victims of drunk driving accidents can result in wrongful death or serious injuries such as catastrophic injuries, broken bones, traumatic brain injury, neck, back, and spinal cord injuries.

Georgia and Tennessee statutes permit charges of driving while intoxicated (DWI) to be lodged whenever a motorist is found to be operating a vehicle with a blood alcohol concentration registering d.08 or higher. Not only does the law hold an intoxicated motorist responsible when collisions or injuries occur, social hosts and establishments that serve alcohol may also suffer serious consequences.

Chattanooga DUI Accident Statistics

Drunk driving remains a significant issue in Tennessee, impacting public safety and contributing to traffic-related fatalities. In one year, Tennessee experienced 355 fatalities in crashes involving alcohol-impaired drivers, accounting for approximately 27% of all car crash fatalities in the state.

Tennessee ranked 12th among U.S. states for drunk driving fatalities, with a rate of 5.1 alcohol-related deaths per 100,000 residents. In one year, Tennessee prosecutors handled over 8,000 DUI-related cases, highlighting the prevalence of impaired driving offenses in the state.

Contributing Factors

There are “common fact patterns” involving drunk driving accidents. One of those is the fact that those who are drinking to excess are often observed by others while in a bar, restaurant, or at a party. Yet it is common that no one wants to take the initiative and stop a drunk driver. Even friends and family members who see a loved one drinking are often hesitant to stop that person from driving.

While DUI arrests happen to people of all ages, younger drivers are more likely to make bad decisions regarding drinking and driving. Many drunk drivers cause accidents by driving down the wrong side of the road, often causing a collision on the exit ramp of an interstate as they attempt to navigate it as an entrance ramp.

According to Mothers Against Drunk Driving, the “average” drunk driver has driven drunk more than 80 times prior to his or her first arrest. Being the victim of a drunk driver can leave you shaken and feeling overwhelmed. You need a strong advocate in your corner who will fight for you and your future. Let experienced attorneys Tricia Dennis and Lupton Winningham be your advocate.

How Can I Prove the At-Fault Driver was Drunk?

The BAC limit in the state of Tennessee is 0.08 percent, and those with a BAC of .20 or more can face enhanced penalties in the state. Tennessee has a zero-tolerance policy regarding those under the age of twenty-one. A person under the age of 21 with a BAC of 0.02 percent while driving can be found guilty of DUI. If found guilty of DUI, the young person can lose his or her license for a year and face community service. Adult DUI offenders will face a mandatory 48 hours in jail unless their BAC is .20 or higher, then the minimum time in jail is seven days. A first-time conviction for DUI in Tennessee can result in up to 11 months and 29 days in jail, a fine as large as $1,500, a license revocation for a year, and mandatory attendance in a drug and alcohol treatment program.

Enhanced punishments are possible when a DUI accident causes serious injury to another person, while vehicular homicide can be charged when a drunk driver kills another person in an accident. Aggravated vehicular homicide can be charged when an individual with at least two prior DUIs, vehicular assaults, and a BAC of .20 kills someone in a drunk driving accident. Aggravated vehicular homicide can result in 15-60 years in prison, and a fine of up to $50,000. If you are facing DUI charges in the state of Tennessee, it is in your best interests to reach out to an experienced Chattanooga drunk driving accident lawyer from Dennis & Winningham Law.

Do I Have to Press Criminal Charges Following a Chattanooga Drunk Driving Accident?

If you’ve been involved in a drunk driving accident, you may want to take action against the driver who caused the accident. While you may file a civil claim against the driver, criminal charges are generally left up to the state. Since drinking and driving is illegal, the driver will likely be arrested after the accident if probable cause is present. This means that as a victim of a drunk driver, it’s not up to you to pursue criminal charges against that individual. A personal injury claim, on the other hand, is a civil matter and is meant to secure the compensation you are entitled to receive for the damages caused by the drunk driver.

Civil cases have a lower standard of proof required than criminal cases since a criminal case can take away a person’s freedom while a civil case involves monetary penalties. Navigating the legal system when filing a personal injury claim after a Chattanooga drunk driving accident can be complex. It’s important to have an experienced Chattanooga drunk driving accident lawyer from Dennis & Winningham Law to ensure your claim is filed properly within the statutes of limitations, and that you receive the compensation you are entitled to receive—compensation that fully covers all your damages.

What Are Common Injuries Following a Chattanooga Drunk Driving Accident?

Since many drunk driving accidents involve high speeds and head-on collisions, serious brain and spinal cord injuries are frequently seen in this type of accident. Other common injuries include:

• Limb amputations often occur when a victim is pinned underneath a vehicle after it rolls over. Limb amputations can cause permanent disability, and may require extensive, long-term medical treatments as well as rehabilitative therapies and assistive devices.
• Bone fractures, depending on where the break is and how severe it is, can result in mobility issues as well as chronic pain and an inability to return to work for weeks, months, or even longer.
• Internal bleeding is considered an “invisible” injury, as bruises or lacerations can impact the internal organs as a result of the force of the collision. In some cases, life-threatening internal bleeding can occur following a drunk driving accident. Broken ribs, lacerated spleens, punctured lungs, or damage to the kidneys can also occur. Such injuries can be extremely painful, and in some cases, can lead to death.
• Spinal cord injuries can result in paralysis and permanent disability. Less severe back injuries can result in chronic pain and an inability to return to normal everyday activities.
• Head and brain injuries are common auto accident injuries, including drunk driving accidents. Even a relatively mild concussion can cause chronic pain, along with memory and balance issues.
• Scarring and other disfiguring injuries can occur during a drunk driving accident. This type of injury can result in long-term psychological issues, an inability to work and make a living, and an inability of the victim to return to a normal life.

Dram Shop Act and Related Liability Laws

Tennessee law defines a “Dram Shop” as an establishment in which alcohol is purchased and consumed on site, and can include restaurants, bars and lounges. In Tennessee the Dram Shop Act is a law that holds individuals or public establishments liable if they illegally sell or provide alcohol. Circumstances that trigger liability under the Act include selling alcohol to minors, selling alcohol without the necessary license, selling to an individual who is clearly already intoxicated and serving to an underage guest (referred to as Social Host Liability). Under the Act, if an individual or establishment’s decision to serve alcohol ultimately results in injury or death, legal responsibility may be imposed upon that person or entity.

Tennessee’s dram shop laws can be found in the Tennessee Code in Section 57-10-102. This law allows an individual who has been injured by a drunk driver to seek damages from the vendor that sold the alcohol. This third-party liability is available only under limited circumstances. In order for the dram shop laws to apply, a 12-person jury must find beyond a reasonable doubt that the sale of the alcohol was the closest cause of your injuries. The standard of proof in the state of Tennessee is much higher than many other states where dram shop liability must only be proven by a “preponderance of the evidence.”

Do Not Rely on Insurance Companies

Do not accept any claim before you speak with Chattanooga drunk driving accident lawyer. Many large insurance companies have adopted settlement policies that encourage their adjusters to offer quick payments to persons involved in an accident. Insurance adjusters will contact you or your family shortly after an accident to try to gain your confidence. In doing so, insurance adjusters often try to present themselves as the friend of the injured person or the family of the person who was killed in an accident. The goal of such contact is to settle the case on terms as favorable as possible for the insurance company.

What Should I Do If I’ve Been Injured in a Drunk Driving Accident?

• Immediately following your accident, seek medical care. It is vital to your health that you get the treatment you need. Your future claim will be taken much more seriously when you receive prompt medical attention following the accident.
• Never try to argue with the other driver, particularly if you suspect that he or she is intoxicated.
• If you cannot drive your car away from the accident, you should arrange for it to be towed. The damage done to your car is an important indicator of the extent of the accident, so do not get rid of the car even if it cannot be repaired.
• To protect yourself, you need to obtain copies of all reports generated at the scene of the crime. Never give away any information without first making yourself a copy, and do not sign the other driver’s account of the accident.
• Report the accident to your own insurance company.
• Do not discuss the facts of the accident with the other party’s insurance company until you have contacted a Chattanooga drunk driving accident lawyer, and never accept any claim that the other insurance company offers you without getting a lawyer’s opinion first.
• Write down any detail of the accident once you have received medical treatment and are home. The smallest detail could turn out to be important.
• Contact an experienced Chattanooga drunk driving accident lawyer from Dennis & Winningham Law as quickly as possible. The sooner your Chattanooga drunk driving accident lawyer is working for you, the more likely a strong case can be built on your behalf.

In the aftermath of a collision, it can be difficult to navigate the ensuing legal proceedings and get a fair settlement. For accidents occurring in Tennessee, the Chattanooga personal injury law firm of Dennis & Winningham Law can protect you from the other driver’s insurance company and lawyers, and work to get you the compensation you deserve for your injuries.

Do I Have a Case—and What is My Case Worth?

Only a highly qualified, experienced Chattanooga drunk driving accident lawyer can determine whether you have a valid claim, and what that claim is worth. The answer to whether you have a claim is generally dependent on whether liability for the accident is clear. If the other driver was clearly at fault for the accident and your resulting injuries, then you likely have a claim. The worth of your claim will depend on the extent of your injuries and other damages, how long your injuries are expected to require medical treatment, whether you missed work as a result of your injuries, whether you will ever be able to return to work, and whether your accident left you with chronic pain and/or emotional damages.

How Does the Claims Process Work?

After determining liability, investigating your accident, and gathering necessary evidence, your Chattanooga drunk driving accident lawyer will send a demand letter to the other driver’s insurer, asking for a specific amount to cover all your damages. Negotiations will take place, and if the insurance company refuses to agree to a settlement that fully covers your damages, your Chattanooga drunk driving accident lawyer will file a lawsuit and take the matter to court. Often, the very filing of a lawsuit is enough to convince the insurer to pay what your claim is worth. If they still refuse, your Chattanooga drunk driving accident lawyer will argue your case in court, where a jury will decide how much compensation you are entitled to receive. Whether your case is settled outside of court or is determined by a jury, you will generally receive your check within six weeks of settlement or verdict.

How to Choose the Best Chattanooga Drunk Driving Accident Lawyer for Me

Choosing the right Chattanooga drunk driving accident lawyer is an important step in the healing process. Many people ask close friends, co-workers, or family members for a referral, while others will look on the Internet to find a law firm near them that handles car accidents, specifically drunk driving car accidents. At Dennis & Winningham Law, we know that you have many choices. We also believe that once you have spoken to Tricia Dennis or Lupton Winningham your choice will be clear. We offer the following:

• When you choose Dennis & Winningham Law you will work with Tricia Dennis or Lupton Winningham—not with paralegals.
• Experience– Together, our attorneys have more than 75 years of experience in personal injury claims.
• Focused Case Load—Unlike large impersonal law firms, we are selective about the cases we take and once we take your case, we are highly focused on you as a client, your claim, your health, and your future.
• Flexibility—If you are severely injured, we will come to you, either at your home or in the hospital. We can see you the same day and even offer evening and weekend appointments that will fit into your busy schedule.
• Tailored Strategies—After a thorough investigation, we will tailor the strategies for your case specifically to the facts of your accident and your damages.
• Resources—While we offer the personal attention of a smaller law firm, we have extensive resources available that will help build a solid case. We have investigators who will thoroughly investigate your accident to prove liability, expert witnesses who can testify on your behalf, and the necessary resources to go to trial when necessary.
• Reputation—Dennis & Winningham Law has built a solid reputation in the legal industry. We are known and respected for our experience, knowledge, and ability to achieve wins for our clients.
• Track Record of Success—You want lawyers who are exemplary negotiators as well as aggressive litigators and those who have a track record of success for their clients. Dennis & Winningham Law offer those abilities and traits as well as much more.

You Are Our Top Priority

Dennis & Winningham Law are old-fashion Chattanooga drunk driving lawyers who limit the number of cases we take so we can give top-flight personal service. We are not a big “settlement mill” that will merely process your case. We maintain a statewide reputation for the care we take with each of our clients. Experience the Dennis & Winningham Law difference.

Our success is attributed to the combination of experience, expertise, and exceptional dedication to the needs of every client. Many accidents are caused by negligence, so it is imperative that anyone involved in an accident contact an experienced Chattanooga injury attorney. Please remember that it is vital to act swiftly after you’ve been injured. The sooner you involve a Chattanooga drunk driving accident lawyer, the better we will be able to preserve evidence, gather essential witnesses and address any other important factors.

You Deserve:

• Medical reimbursement
• Payment for past and future income loss
• Full compensation for pain and suffering
• Peace of mind in knowing that a Chattanooga drunk driving accident lawyer is protecting your financial interests.
• We Are There for You
• Same day, evening and weekend appointments
• Home and hospital visits for the severely injured
• Never a fee until we receive a settlement for you
• We will go to trial if a fair settlement is not obtained
• Serving those in Chattanooga Tennessee and across the state of Tennessee

Don’t wait—contact Dennis & Winningham Law today.

How A Lawyer Can Assist After A DUI Accident

Being involved in a DUI accident can be overwhelming, especially if injuries, property damage, and legal issues are involved. The effects of these accidents can be serious, often leading to extensive medical bills, lost income, and significant emotional distress. In these challenging situations, having an experienced Chattanooga DUI accident lawyer by your side can make a meaningful difference. At Dennis & Winningham Law, we work closely with clients to guide them through the legal process, protect their rights, and help them pursue the compensation they need to move forward.

Investigating The DUI Accident

After a DUI accident, gathering evidence is critical for building a strong case. A lawyer will conduct a thorough investigation, collecting details like the police report, witness statements, and any available video footage. This evidence can help establish the circumstances of the accident and demonstrate that the other driver’s intoxicated state contributed to the collision. By ensuring that all relevant information is collected, an attorney can strengthen your case and present a clear account of what happened.

Assessing Damages And Losses

DUI accidents often result in serious injuries that can lead to high medical bills, long-term rehabilitation, and missed work. A Chattanooga DUI accident lawyer can help you calculate the full extent of your damages, including current medical expenses, anticipated future care needs, lost wages, and potential pain and suffering. Accurately assessing these damages ensures that you have a comprehensive understanding of the compensation you may be entitled to. This knowledge can be particularly helpful during settlement negotiations, ensuring that no financial needs are overlooked.

Negotiating With Insurance Companies

Dealing with insurance companies can be a frustrating part of any accident case, and DUI accidents are no different. Insurance adjusters may try to settle quickly and for an amount that doesn’t fully cover your losses. A lawyer can handle these negotiations on your behalf, working to secure a fair settlement. Attorneys understand the tactics used by insurance companies and can counter them with well-supported arguments. By advocating for your best interests, a lawyer can help increase the chances of a settlement that fully reflects the impact of the accident.

Pursuing A Lawsuit If Necessary

If a fair settlement cannot be reached through negotiation, a Chattanooga DUI accident lawyer may advise taking the case to court. Going to trial can be a lengthy process, but it may be the best path for ensuring that justice is served, especially in cases involving severe injuries or wrongful death. At Dennis & Winningham Law, we are prepared to represent clients in court and fight for the compensation they deserve. Filing a lawsuit also sends a message to the insurance company that you are serious about pursuing your claim, which may encourage them to reconsider their offer.

Supporting Victims Throughout The Process

One of the most valuable things a lawyer can offer is support throughout the legal process. DUI accident cases can be emotionally taxing, and having an attorney handle the details allows you to focus on healing and rebuilding. From managing paperwork to keeping you updated on the case’s progress, a lawyer provides the guidance needed to navigate this difficult time. If you or a loved one has been involved in a DUI accident, don’t face the legal process alone. Contact Dennis & Winningham Law to speak with a compassionate Chattanooga DUI accident lawyer who will help you understand your rights and pursue the compensation you deserve.

Chattanooga DUI Accident Infographic

DUI Accident FAQs

If you’ve been involved in a crash caused by a DUI (driving under the influence) driver, you likely have several questions about how the legal and insurance processes work. Our Chattanooga DUI accident lawyer has the knowledge and experience to guide you through an accident claim. We have won over 2,000 personal injury cases for clients and are proud to stand as a voice for accident victims. Here are answers to some of the most common inquiries related to DUI crash claims.

How Long Does It Take To Settle A DUI Accident Claim?

The length of time it takes to settle a DUI accident claim depends on the circumstances of your case, the severity of your injuries, and the cooperation of insurance companies. On average, settlements can take anywhere from a few months to a year or more. If liability is clear and the injuries are not severe, the process may be quicker. However, if there are complications, such as contested fault or ongoing medical treatments, it may take longer. Our lawyer will work to expedite the process without sacrificing your chances to receive the full compensation you deserve.

What Role Do Witnesses Play In A DUI Accident Case?

Witnesses can play a vital role in a DUI accident case. Eyewitness testimony can help establish fault, confirm details of the car wreck, and support your claim. If a witness saw the driver behaving erratically or driving under the influence before the accident, their testimony could strengthen your case. Our lawyer will seek out and interview any available witnesses to gather evidence that can help your claim, especially if the driver denies being intoxicated or if there is limited physical evidence.

Can I File A Lawsuit Against The Driver If They Were Arrested For DUI?

Yes, you can file a lawsuit against the driver who was arrested for DUI. An arrest does not automatically negate your right to pursue a civil case for damages. In fact, if the driver was arrested for DUI, it strengthens your case because it establishes that the driver was impaired at the time of the accident. A DUI conviction can serve as evidence of negligence in your personal injury lawsuit. Our DUI accident attorney will guide you through the process of filing a lawsuit and seeking compensation for medical bills, lost wages, pain and suffering, and other damages.

How Do DUI Laws Impact Insurance Claims After An Accident?

DUI laws can have a significant impact on insurance claims. In many cases, if the driver is arrested and convicted for DUI, their insurance may become more complicated, as they could face higher premiums or even a policy cancellation. Insurance companies may be less likely to offer a fair settlement in cases involving DUI accidents, as they often look for ways to minimize their liability. However, if you are the victim, you still have the right to pursue compensation from the responsible driver’s insurance or your own policy, depending on the circumstances. Our personal injury lawyer will help you manage insurance claims related to DUI accidents.

How Long Do I Have To File A Claim After A DUI Accident?

The time limit to file a claim after a DUI accident is governed by the statute of limitations, which varies by state. In most states, you generally have 2-3 years from the date of the accident to file a personal injury lawsuit. However, in Tennessee you only have 1 year from the date of the crash to file a claim. Do not wait too long to take action. The sooner you file, the better chance you have of gathering critical evidence, including witness statements, police reports, and medical records. Our lawyer will help meet all necessary deadlines and avoid any pitfalls related to the statute of limitations.

Taking Control Of Your DUI Accident Claim

DUI accident cases can be complicated, but having the right legal support can make all the difference in securing fair compensation. If you’ve been injured in a DUI accident, it’s essential to understand your rights and take timely action to protect them by contacting Dennis & Winningham Law. We have over 75 years of combined experience handling personal injury cases. Contact our office to speak with our Chattanooga DUI accident lawyer today and get started with a free, confidential case review. We don’t charge a fee unless we recover damages. Let us stand up for you. Call now.

Your First Appointment With Your Lawyer After The Drunk Driving Accident

Our trusted Chatanooga, TN DUI accident lawyer knows that meeting with a lawyer after being injured in a drunk driving accident is an important step in pursuing compensation for your injuries. To make the most of our first appointment, it’s helpful to come prepared with the necessary information and documents. These materials can help our lawyer assess the situation and provide guidance on the best course of action. When you want a firm with 75+ years of experience, give us a call.

• Accident Report. The official accident report is a key piece of evidence. This document, typically prepared by law enforcement, contains important details about the accident, including the date, time, location, and any citations issued to the drunk driver. If we don’t already have a copy, we can request it from the police department handling the case.
• Medical Records. Bringing medical records related to the injuries sustained in the accident is critical. These records should include hospital discharge summaries, imaging results, and any documentation of treatments received. They provide a clear picture of the injuries, the treatment plan, and the associated costs.
• Bills and Receipts. To evaluate the financial impact of the accident, it’s essential to bring bills and receipts for medical expenses, therapy sessions, prescription medications, and any other costs directly related to the injury. This helps establish the monetary damages we’re seeking to recover.
• Proof of Lost Income. Our DUI accident lawyer in Chattanooga knows that if the injuries have caused you to miss work, you should bring documentation of lost wages. Pay stubs, timesheets, or letters from employers outlining the time missed and income lost can help demonstrate the financial burden caused by the accident.
• Insurance Information. Bringing copies of our insurance policies, including auto and health insurance, helps the lawyer understand what coverage is available. If we’ve already communicated with any insurance companies, we should also provide copies of those communications.
• Photographs or Videos. Visual evidence from the accident scene can strengthen our case. Photos or videos of the damaged vehicles, the accident site, visible injuries, or other relevant details are helpful for showing the extent of the impact and the conditions at the time of the crash.
• Witness Information. If there were witnesses to the accident, providing their names and contact information can be valuable. Witnesses may help corroborate our account of what happened and support our claim.
• Correspondence with the Drunk Driver. If we’ve received any communication from the drunk driver or their representatives, it’s important to bring copies to the appointment. This could include written statements, offers, or other messages that may be relevant to the case.

DUI Accident Glossary

Working with an experienced Chattanooga, TN DUI accident lawyer at Dennis & Winningham Law is essential to navigating complex legal issues. With over seventy-five years of combined experience, we are here to assist our clients throughout the entire legal process. When involved in a DUI accident, understanding the legal terms and jargon surrounding the case is essential. These terms can affect the outcome of a case and the steps our skilled Chattanooga DUI accident lawyer takes to represent you. Below are key legal terms you might encounter in DUI accident cases:

DUI (Driving Under The Influence)

DUI refers to operating a vehicle while impaired by alcohol, drugs, or a combination of both. In most states, a BAC of 0.08% or higher is considered illegal for drivers aged 21 and older. DUI laws are enforced to protect the safety of everyone on the road, as intoxication severely impairs the ability to operate a vehicle safely. According to our Chattanooga DUI accident lawyer, these charges can lead to severe penalties, including fines, suspension of driver’s licenses, and jail time, especially if the driver caused an accident resulting in injury or death.

Vehicular Homicide

This term refers to the charge brought against a driver when their reckless or negligent actions, often while under the influence, lead to the death of another person. In DUI accident cases, vehicular homicide charges are serious criminal offenses that carry severe penalties, such as long prison sentences. Vehicular homicide charges are often used when a driver causes a fatal accident while driving drunk or impaired. The severity of the charge depends on the circumstances, including the driver’s level of intoxication and whether they had a history of DUI offenses.

Aggravated Vehicular Homicide

Aggravated vehicular homicide is a more severe form of vehicular homicide that applies in cases where the driver’s actions were especially reckless or involved extreme intoxication. If the driver had a significantly high BAC (e.g., over 0.15%) or had prior DUI convictions, the court might classify the case as aggravated vehicular homicide. This charge often leads to much longer prison sentences and higher fines, and it can significantly impact the life of the individual convicted.

BAC (Blood Alcohol Concentration)

BAC measures the amount of alcohol in a person’s blood, usually expressed as a percentage. It is a critical factor in DUI cases, as a BAC of 0.08% or above is considered legally intoxicated for drivers aged 21 or older. A higher BAC can result in more severe legal consequences. BAC is determined through chemical tests, such as breathalyzer tests, blood tests, or urine tests, which are often used in DUI accidents to determine the level of intoxication at the time of the crash.

Zero-Tolerance Policy

The zero-tolerance policy refers to laws that prohibit anyone under the age of 21 from driving with any detectable alcohol in their system. Unlike adults, who may be allowed a BAC of 0.08%, minors face immediate consequences if their BAC is even as low as 0.01%. These laws are in place to prevent underage drinking and driving and to reduce the likelihood of alcohol-related accidents involving young drivers.

Call For Support

At Dennis & Winningham Law, we’re committed to helping victims of drunk driving accidents pursue justice and compensation. If you’ve been injured, we’re here to guide you through the legal process and help you take the first steps toward recovery. We have had over 4,000 cases and clients. Contact our trusted DUI accident lawyer in Chattanooga today for a consultation, and let’s work together to move your case forward.