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DUI Accidents Involving Repeat Offenders

Have you or a loved one been injured in an auto accident involving a drunk driver in Knoxville, Tennessee? Contact DZ Law today to schedule a free consultation with our Knoxville DUI accident lawyers. We will help you get the justice and compensation you deserve.

If you've been involved in a DUI accident in Tennessee, you know how devastating it can be, especially when the driver responsible is a repeat offender. These drivers continue to endanger lives on our roads despite previous convictions, leaving families like yours to deal with the aftermath. 

The consequences of these accidents extend far beyond physical injuries and property damage. You might find yourself dealing with costly medical bills, lost wages, and emotional trauma that seems to never end. What makes this even more frustrating is that many of these crashes are avoidable if stricter measures were in place to keep repeat offenders off the road.

 

 

At DZ Law, a Knoxville-based law firm specializing in business law and personal injury cases, we understand the toll these accidents take. Our Knoxville-based team is here to fight for your rights, hold negligent drivers accountable, and ensure that repeat offenders face justice. 

Our primary attorneys, Robert Dziewulski and Ashleigh Beer-Vineyard, have a strong track record of success. They have both been selected for the prestigious Mid-South Super Lawyer honor in the past, and they are both passionate about helping people who have been victimized by drunk drivers and other forms of negligene. With the support of DZ Law, you can hold those responsible accountable for their actions and begin to move forward with your life.

How Repeat DUI Offenders Impact Liability in Tennessee

If you've been involved in an accident caused by a repeat DUI offender in Tennessee, understanding how their past convictions can significantly strengthen your case for compensation is crucial. Their history of drunk driving shows a pattern of reckless behavior that courts and insurance companies take very seriously, which can help you get the justice you deserve.

Repeat DUI Offenders and Legal Liability

When a drunk driver with a history of multiple DUI convictions causes an accident, their past actions can significantly affect their legal liability. In Tennessee, repeat DUI offenders are held to higher standards because their prior convictions show a pattern of reckless behavior behind the wheel. This makes it easier for you to prove that the driver was negligent and that their actions led directly to the crash. 

If the driver who caused your accident is a repeat DUI offender, this can work in your favor in terms of proving liability. A history of drunk driving shows a disregard for the safety of others, which means they are more likely to be held accountable for the harm they caused. Tennessee law takes repeat offenders seriously, and the penalties for these drivers can be more severe, which may also affect the outcome of your case.

The Role of Tennessee's Implied Consent Law

Tennessee's “implied consent” law means that when an officer suspects someone of drunk driving, they must submit to a breath test or blood test. If the driver refuses, they could face additional penalties, such as a longer license suspension or even jail time.

If the driver who caused your accident refused the breath test, it could be seen as an attempt to hide their level of impairment. 

This refusal can be used against them in court, making it easier for you to establish that they were drunk when the crash occurred. On the other hand, if they submitted to the breath test and their blood alcohol concentration (BAC) was over the legal limit, this evidence can strengthen your case and increase your chances of getting fair compensation for your injuries.

 

 

Impact on Liability in Court

In court, repeat DUI offenders are often viewed more harshly due to their history of dangerous behavior. A driver with multiple DUI convictions is seen as more reckless, and this history can directly impact the outcome of your case. Tennessee courts tend to impose harsher penalties on repeat offenders, both in criminal cases and civil cases.

In civil court, where you seek compensation for your injuries, the fact that the driver has multiple DUI convictions can make it easier to show that they were at fault for the crash. If the driver's BAC was particularly high, or if they had been involved in multiple DUI offenses before, this could lead to larger awards of compensation for things like medical expenses, lost wages, and emotional distress.

Additionally, Tennessee allows for punitive damages in cases involving repeat DUI offenders. Punitive damages are meant to punish the driver for their behavior and prevent them from driving drunk again. If the driver acted with extreme recklessness, such as having a very high BAC or causing severe injuries or fatalities, the court might award you punitive damages on top of the compensation for your actual losses. 

When a repeat DUI offender causes an accident in Tennessee, their past convictions and reckless behavior can make it easier for you to prove they were at fault for the crash. Tennessee law also imposes harsher penalties on repeat offenders, which can work in your favor when pursuing compensation for your injuries or losses.

 

Evidence Collection

If you've been affected by a DUI accident in Knoxville, Tennessee, where the driver was a repeat offender, understanding the evidence collected during the accident is important. 

Whether the accident happened near the University of Tennessee campus, on a busy stretch of Kingston Pike, or along I-40 or I-75, the evidence can help show that the drunk driver is responsible for the crash and help you get the compensation you deserve. Here are some of the key pieces of evidence that can be used in these types of cases:

Breathalyzer Results

When a police officer stops a driver they suspect of being drunk, one of the first things they will do is administer a breathalyzer test. This test measures the driver's blood alcohol concentration (BAC) to see if it is above the legal limit of 0.08%. If the driver's BAC is over this limit, it shows they were driving under the influence, which makes them responsible for the accident. 

In the case of a repeat DUI offender, breathalyzer results can be a key piece of evidence. If the driver fails the test, it shows that they were impaired when the accident happened. This can be important in proving that the driver was drunk when the crash occurred. If the driver has been convicted of DUI before, this evidence can also be used to show that they have a history of unsafe driving.

Police Records

Another important piece of evidence is the police report. When the police respond to an accident, they write up a report that includes important information such as where the accident happened, when it happened, and what the officers saw at the scene. 

The report may also include observations about the driver's condition, such as slow speech, bloodshot eyes, or unsteady movements. These signs are common in drivers who are drunk and can help show that the driver was impaired when the accident occurred. If the driver has been arrested for DUI, the police report will also include this detail. For repeat DUI offenders, police records are very helpful. 

These records may show that the driver has been arrested or convicted for DUI in the past. This can help prove that the driver has a history of impaired driving and is a repeat offender, which can affect the penalties they face and the strength of your case.

 
 
Eyewitness Testimony

Eyewitnesses can play an important role in proving that the driver was impaired. If someone saw the driver's actions before, during, or after the accident, their testimony can provide details about how the driver was acting. For example, if an eyewitness saw the driver driving recklessly or running a red light before the crash, this can help show that the driver was drunk. 

Eyewitnesses can also testify about the driver's behavior after the crash. For instance, if the driver seemed confused, disoriented, or was having trouble standing, it can support the claim that the driver was under the influence. If the driver is a repeat offender, the eyewitness testimony can also show that this kind of dangerous driving is part of a pattern.

Police Sobriety Tests

If the police suspect the driver is drunk but the breathalyzer test is unavailable or inconclusive, they may ask the driver to perform a field sobriety test. These tests include tasks like walking in a straight line or standing on one leg. The results of these tests are used to see how impaired the driver is. For repeat DUI offenders, failing a field sobriety test can be important evidence. Police officers will document their observations during the test, and these details can be included in the police report. If the driver failed the test, it supports the idea that they were impaired and responsible for the crash.

Blood Test Results

In some cases, the police may take a blood sample to measure the driver's blood alcohol concentration (BAC). This is often done if the driver is injured or refuses the breathalyzer test. Blood tests are considered more accurate than breath tests, and they can provide solid proof of how much alcohol was in the driver's system at the time of the crash. If the blood test shows a high blood alcohol concentration (BAC), it can help show that the driver was too drunk to drive. This can lead to more severe penalties for the driver.

Driver's Record

If the driver has a history of DUI offenses, this can be very important in your case. A driver with multiple DUI convictions is considered a repeat offender, and the penalties for repeat offenders are usually harsher. If the driver's record shows a history of drunk driving, it can help prove that their impaired driving was not an accident, but part of a dangerous pattern.

If you've been involved in a DUI accident in Knoxville, Tennessee, where the driver was a repeat offender, understanding how evidence works in these cases is important. With the right evidence, you can make a stronger case for compensation and hold the driver accountable for their actions.

 

 

Compensation for Victims of Repeat DUI Offenders

If you've been involved in a DUI accident in Knoxville, Tennessee, caused by a repeat offender, you likely face a challenging road ahead. Hhh Not only do you have to deal with the physical pain from your injuries, but you may also have mounting medical bills, lost wages, and emotional distress.

The good news is that there are compensation options available to help ease the financial burden and start you on the path to recovery. Here are some of the compensation you may be entitled to if you have been injured by a repeat DUI offender:

Medical Expenses

After a DUI accident, the first thing you'll likely be concerned about is your medical care. Whether you require emergency treatment, surgery, physical therapy, or ongoing medical services, the costs can add up quickly. If you've been injured by a repeat DUI offender, you may be able to get compensation for all of your medical expenses. This includes everything from emergency room visits to any long-term care that may be necessary.

Tennessee law allows you to seek compensation for these costs from the person who caused the crash. If the driver was drunk at the time of the crash, and especially if they have a history of repeat DUI offenses, you may have a stronger case for compensation. You should keep track of all your medical bills and treatments. Your lawyer will use these records to make sure you're compensated for every penny of medical care you need now and in the future.

Lost Wages

If your injuries prevent you from working, whether temporarily or permanently, you may be entitled to compensation for lost wages. This includes not only your regular salary, but also bonuses, commissions, and other job benefits. Repeat DUI offenders often cause severe accidents due to their reckless behavior. This can result in longer-lasting impacts on your ability to earn a living. A lawyer can help you calculate lost wages, taking into account both what you've lost already and any future income you might lose due to your injuries.

Property Damage

In addition to physical injuries, DUI accidents often result in significant damage to your property, particularly your vehicle. If your car or other property was damaged in a DUI accident caused by a repeat offender, you could seek compensation for the repair or replacement costs.

Given the reckless nature of repeat DUI offenders, the damage caused may be more significant. This means you could be entitled to more compensation for property damage than if the accident was caused by a first-time offender. It's important to document all damage thoroughly, including photographs and repair estimates, so that you can ensure you're fully compensated.

 

 

Pain and Suffering: The physical pain and emotional toll of a drunk driving accident can have a lasting impact on your life. Severe injuries can leave you with chronic pain, limited mobility, or even permanent disabilities. Beyond the physical effects, the emotional distress of dealing with the aftermath of the accident can disrupt your daily life.

Compensation for pain and suffering acknowledges these non-financial losses. It takes into account how the accident has affected your ability to enjoy life, maintain relationships, and perform everyday activities.

Punitive Damages: In cases involving repeat DUI offenders, you may be entitled to punitive damages. These damages are designed to punish the drunk driver for their reckless behavior and to prevent others from making the same dangerous choices. Punitive damages are in addition to the standard compensation you may receive for things like medical bills and lost wages.

Repeat DUI offenders are often seen as more dangerous because they have a history of driving while impaired. If the driver's actions in the accident were especially reckless, punitive damages may be awarded. This is particularly true if the driver's BAC was extremely high or they were driving in a manner that put everyone on the road at even greater risk. Punitive damages are meant to send a message about the seriousness of drunk driving and the need for repeat offenders to face severe consequences for their actions. 

Working with a lawyer can ensure that you pursue the full range of compensation available to you. This can help you get back on your feet and begin rebuilding your life after the accident.

Why You Need a Knoxville DUI Accident Lawyer

Driving under the influence (DUI) is a serious offense with severe consequences, especially when it leads to an accident. If you've been involved in a DUI accident in Knoxville, Tennessee, you need a skilled DUI accident lawyer to protect your rights and navigate the complex legal landscape. Here's why:

The Complexity of DUI Accident Cases

DUI accident cases are often more complex than typical car accident cases. They involve not only civil liability for damages but also criminal charges against the intoxicated driver. This intersection of civil and criminal law, along with the potential for enhanced penalties and the need for specialized knowledge, makes having an experienced Knoxville DUI accident lawyer essential.

 

 

Protecting Your Rights

A skilled attorney will protect your rights throughout the legal process. Insurance companies are often quick to offer settlements in DUI cases, but these initial offers are frequently far less than what victims deserve. An experienced lawyer will know how to properly value your claim, including not just your immediate medical expenses but also future medical care, lost earning capacity, and the full extent of your pain and suffering. They will also be able to determine whether there is a possibility for punitive damages.

Thorough Investigation

A lawyer will conduct a thorough investigation to gather the evidence needed to prove the other driver's negligence and maximize your compensation. This may involve:

      Obtaining Police Reports: Securing the official accident report, which will contain crucial details about the crash, the other driver's intoxication, and any citations issued.

      Gathering Witness Statements: Identifying and interviewing witnesses who can testify about the accident and the other driver's behavior.

      Collecting Medical Records: Obtaining your medical records and bills to document the extent of your injuries and their connection to the accident.

      Securing Video Evidence: Investigating whether any dashcam footage, traffic camera recordings, or surveillance video from nearby businesses captured the accident or the driver's actions.

      Working with Experts: Consulting with accident reconstruction experts, toxicologists, medical professionals, and other experts who can provide valuable insights and testimony to support your claim.

Dealing with Insurance Companies

Insurance companies, even your own, are not on your side. Their goal is to minimize payouts. Adjusters may try to pressure you into accepting a quick settlement that doesn't fully cover your losses. They may also try to downplay your injuries or argue that you were partially at fault. An experienced attorney will handle all communications with insurance companies on your behalf, protecting you from their tactics and fighting for a fair settlement.

Proving Liability

While a DUI arrest and conviction can be strong evidence of negligence, your attorney will still need to demonstrate how the driver's intoxication caused the accident and your injuries. They will gather evidence to establish:

      Duty: The other driver had a duty to operate their vehicle safely and follow traffic laws.

      Breach: The driver breached that duty by driving under the influence.

      Causation: The driver's intoxication was a direct cause of the accident and your injuries.

      Damages: You suffered actual damages as a result of the accident, such as medical expenses, lost wages, and pain and suffering.

 

 

Maximizing Compensation

A skilled DUI accident lawyer will know how to properly value your claim, taking into account all of your economic and non-economic damages, including how your injuries may have impacted your quality of life.

Navigating Legal Procedures

A lawyer will handle all the legal aspects of your case, including:

      Filing Lawsuits: Preparing and filing the necessary legal documents to initiate a lawsuit, if necessary.

      Discovery: Conducting discovery to gather evidence from the other side, including depositions, interrogatories, and requests for production of documents.

      Negotiation: Negotiating with the insurance company to reach a fair settlement.

      Trial: Representing you in court if a settlement cannot be reached and presenting your case to a judge or jury.

Contact a Knoxville DUI Accident Lawyer

If you or a loved one has been hurt in a DUI accident caused by a repeat offender in Knoxville, Tennessee, you deserve justice and support. At DZ Law, we understand how overwhelming the aftermath of these accidents can be, from mounting medical bills and lost wages to emotional distress and financial hardship. 

However, it's crucial to act quickly, as the legal deadline for filing a DUI accident claim in Tennessee is one year from the date of the accident. If you wait too long, you risk losing your right to compensation for your injuries and losses. At our law firm, we emphasize proactive legal strategies and provide comprehensive legal solutions tailored to clients' needs for personal injury cases.

Don't let time run out on your chance for justice. Contact DZ Law today at 865-259-0020 to schedule a free consultation at our Downtown Knoxville office. We'll take the time to understand your situation, explain your legal options, and guide you every step of the way.

Contact Us Today

DZ Law is committed to answering your questions about Transactional Litigation, Transactional Drafting, and Personal Injury law issues in Knoxville, Tennessee. We offer consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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