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Knoxville DUI Accident Lawyer

Have you or a loved one been injured in an auto accident involving a driver under the influence 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.

Have you or a loved one been the victim of a drunk driving accident in Knoxville? Dealing with the aftermath of a DUI accident can be incredibly challenging. You're likely facing a long road to recovery, while insurance companies try to minimize your claim. They may even try to shift blame or downplay the severity of your injuries, all while you are left to suffer. It can feel like you're fighting an uphill battle alone.

 

 

That's where DZ Law comes in. We're a Knoxville-based law firm, led by attorneys Robert Dziewulski and Ashleigh Beer-Vineyard, both of whom have been recognized as Mid-South Super Lawyers for their outstanding legal work.

We know the law, we understand the tactics insurance companies use, and we won't back down. Contact our Knoxville DUI accident lawyers at DZ Law today for a free consultation. Let us help you hold the responsible party accountable and get the justice you deserve.

Tennessee Laws on Drunk Driving and DUI Consequences

If you've been a victim of a drunk driving accident in the Knoxville area, it's crucial to understand the laws surrounding drunk driving and the potential consequences for the intoxicated driver.

Tennessee's DUI Laws

Tennessee law prohibits operating a motor vehicle under the influence of alcohol or drugs. A driver is considered to be under the influence if:

       Their blood alcohol concentration (BAC) is 0.08% or higher (0.04% for commercial vehicle drivers, and 0.02% for drivers under 21).

       They are impaired by alcohol, drugs, or a combination of both, to the extent that their ability to drive safely is affected. This can lead to a car accident.

Criminal Consequences for DUI

A driver who is convicted of driving under the influence in Tennessee faces a range of penalties, which can vary depending on their prior DUI convictions and the specific circumstances of the case. These penalties can include:

       Jail Time: Even a first-offense DUI can result in jail time, and the length of the sentence increases with subsequent offenses.

       Fines: Significant fines are imposed for DUI convictions.

       License Suspension: Drivers convicted of DUI will have their driver's license suspended for a period of time.

       Ignition Interlock Device: In many cases, an ignition interlock device, which requires the driver to pass a breathalyzer test before starting the vehicle, will be ordered.

       Alcohol and Drug Treatment: The court may order the driver to complete an alcohol and drug treatment program.

       Probation: Drivers convicted of DUI are often placed on probation, which involves meeting certain conditions and reporting to a probation officer.

 

 

Enhanced Penalties for DUI Accidents

If a drunk driver causes an accident that results in injury or death, the penalties are significantly more severe.

       Vehicular Assault: If a driver causes serious bodily injury to another person while driving under the influence, they can be charged with vehicular assault, a felony offense.

       Vehicular Homicide: If a driver causes the death of another person while driving under the influence, they can be charged with vehicular homicide, a very serious felony offense that carries lengthy prison sentences.

Underage Consumption

Tennessee law prohibits anyone under the age of 21 from consuming alcohol. This is important to know if you are hit by a young driver.

Your Rights as a Victim

If you are injured in a drunk driving accident, you have the right to seek financial compensation from the at-fault driver and potentially other parties. This is done through a personal injury claim. This is separate from any criminal charges the driver faces.

       Civil Lawsuit: You can file a civil lawsuit against the drunk driver to recover damages for your injuries.

       Compensation: You may be able to recover compensation for medical bills, lost wages, pain and suffering, lost earning capacity, and property damage. You may also be able to receive punitive damages. Punitive damages are meant to punish the at-fault driver.

       Wrongful Death: If the accident resulted in a fatality, the surviving family members can file a wrongful death lawsuit.

Proving Fault in DUI Accident Cases

In a car accident caused by a drunk driver, proving fault might seem straightforward, but it still requires gathering evidence to support your claim and establish the driver's negligence. Here's how fault is typically proven in DUI accident cases:

Police Investigation and Reports

The police investigation at the scene of the accident is crucial. Officers will:

       Observe the Driver's Behavior: Look for signs of intoxication, such as slurred speech, bloodshot eyes, the smell of alcohol, and unsteady balance.

       Administer Field Sobriety Tests: These tests, such as the walk-and-turn and one-leg stand, are designed to assess a driver's balance, coordination, and ability to follow instructions. The driver may refuse these tests, but doing so can be used against them in court.

       Conduct Breathalyzer or Blood Tests: These tests measure the driver's blood alcohol concentration (BAC). In Tennessee, a BAC of 0.08% or higher is considered legally intoxicated (0.04% for commercial drivers, 0.02% for drivers under 21).

       Document the Accident Scene: The police report will include details about the accident, including the location, time, weather conditions, vehicle damage, and any skid marks or other physical evidence.

       Issue Citations: If the officer determines that the driver was under the influence, they will likely issue a citation for DUI and potentially other traffic violations.

       Make Arrests: A police officer will arrest a driver if they are suspected of driving under the influence.

The police report, including the officer's observations, test results, and any citations issued, is strong evidence of the driver's intoxication and fault.

 

 

Witness Testimony

Eyewitnesses who observed the accident or the driver's behavior before or after the crash can provide valuable testimony.

       Observations of Erratic Driving: Witnesses may have seen the driver swerving, speeding, running red lights, or engaging in other erratic driving behaviors that suggest impairment.

       Statements About Driver's Condition: Witnesses may have observed signs of intoxication in the driver's appearance or behavior, such as slurred speech or an unsteady gait.

       Statements Made by the Driver: Any statements made by the driver admitting to drinking or being impaired can be used as evidence.

Toxicology Reports

Blood or urine tests taken from the driver after the accident can provide scientific evidence of their BAC or the presence of drugs in their system. These results can be used to establish that the driver was legally intoxicated at the time of the crash.

Video Evidence

       Dashcam Footage: If any of the vehicles involved had a dashcam, the footage can provide visual evidence of the accident and the driver's actions.

       Surveillance Footage: Nearby businesses or traffic cameras may have captured the accident or the driver's behavior before or after the crash.

       Police Body Cameras: Many police officers now wear body cameras that record their interactions with drivers and can capture evidence of intoxication.

Expert Testimony

In some cases, expert testimony may be needed to establish fault or causation.

       Accident Reconstructionists: These experts can analyze the physical evidence from the accident scene to determine how the crash occurred and whether the driver's impairment was a contributing factor.

       Toxicologists: These experts can interpret toxicology reports and provide opinions on the driver's level of impairment at the time of the accident.

       Medical Professionals: Doctors can testify about the nature and extent of the injuries caused by the accident and link them to the driver's negligence.

 

 

Prior DUI Convictions

While not directly proving fault in the current accident, a driver's history of prior DUI convictions can be relevant in some cases, particularly when seeking punitive damages.

It can demonstrate a pattern of reckless behavior and disregard for the safety of others. If a driver has prior DUI convictions, this will likely come up in court.

Dram Shop Laws

In some circumstances, if a bar or restaurant served alcohol to a visibly intoxicated person who then caused an accident, they could be held partially liable under Tennessee's dram shop laws.

Evidence would be needed to show that the establishment knew or should have known the person was intoxicated and that they continued to serve them alcohol.

Types of Compensation for DUI Accident Victims

If you've been injured in an accident caused by a drunk driver in Tennessee, you may be entitled to recover various types of compensation for your losses. These damages are intended to help you recover from the physical, emotional, and financial burdens resulting from the accident.

Economic Damages

Economic damages are tangible, quantifiable financial losses you've incurred or will likely incur in the future due to the accident. These include:

       Medical Expenses: This is a significant component of most DUI accident claims. You can be compensated for all reasonable and necessary medical treatment related to your injuries, including:

       Past Medical Expenses: Bills for emergency room visits, hospital stays, surgeries, doctor's appointments, diagnostic tests (X-rays, MRIs, CT scans), prescription medications, medical equipment (crutches, wheelchairs, etc.), physical therapy, rehabilitation, and any other medical care you've already received.

       Future Medical Expenses: If your injuries require ongoing treatment or if you're likely to need future medical care, you can also seek compensation for these anticipated costs. This might include future surgeries, continued therapy, long-term nursing care, or modifications to your home to accommodate a disability.

       Lost Wages: If your injuries forced you to miss work, you can claim compensation for the income you lost during your recovery. This includes:

       Past Lost Wages: Income you've already lost from the time of the accident until the present. This can include salary, wages, bonuses, commissions, and other forms of income.

       Future Lost Earning Capacity: If your injuries are so severe that they permanently affect your ability to work or limit the type of work you can do, you may be able to recover damages for your diminished earning capacity. This is the difference between what you likely would have earned in the future without the injury and what you are now able to earn with the injury. Expert testimony from vocational rehabilitation specialists and economists is often needed to calculate this loss.

       Property Damage: You can seek compensation to repair or replace your vehicle if it was damaged in the accident. This also includes any other personal property that was damaged, such as a motorcycle, bicycle, or items inside your vehicle. You can also receive compensation for the loss of use of your vehicle.

 

Non-Economic Damages

Non-economic damages are more subjective and harder to quantify, but they are just as real and significant as financial losses. They are intended to compensate you for the intangible impact of the accident on your life.

       Pain and Suffering: This is compensation for the physical pain, discomfort, and suffering you've endured and may continue to experience due to your injuries. The severity of your injuries, the type of treatment you've undergone, and the expected duration of your pain are all factors in determining this amount.

       Emotional Distress: DUI accidents can be traumatic events that cause significant emotional distress, anxiety, depression, fear, post-traumatic stress disorder (PTSD), and other psychological impacts. You can seek compensation for this mental anguish.

       Loss of Enjoyment of Life: If your injuries prevent you from participating in activities you used to enjoy, such as hobbies, recreational activities, exercise, or spending time with loved ones, you can claim damages for this loss of enjoyment.

       Permanent Scarring or Disfigurement: If the accident caused permanent scars or disfigurement, you can seek compensation for the physical and emotional impact of these injuries.

       Loss of Consortium: If your injuries negatively impact your relationship with your spouse, they may have a claim for loss of consortium, which compensates for the loss of companionship, intimacy, and household services.

Punitive Damages

In cases involving drunk driving, punitive damages may sometimes be awarded. These damages are not intended to compensate you for your losses but rather to punish the drunk driver for their egregious conduct and to deter similar behavior in the future.

Tennessee law allows for punitive damages when the defendant acted intentionally, fraudulently, maliciously, or recklessly. Driving under the influence is often considered reckless behavior.

In Tennessee, punitive damages are capped at two times the amount of compensatory damages (economic and non-economic) or $500,000, whichever is greater. However, this cap does not apply if the defendant had the specific intent to inflict serious injury, intentionally falsified or destroyed records related to the case, or was under the influence of alcohol or drugs.

 

 

Factors Affecting Compensation

The specific amount of compensation you can recover will depend on various factors, including:

       The severity of your injuries.

       The extent of your medical treatment and lost wages.

       The degree of fault assigned to each party.

       The available insurance coverage.

       The skill and experience of your attorney.

Your Knoxville DUI accident attorney at DZ Law will thoroughly investigate your case, gather the necessary evidence to prove your damages, and fight for the maximum compensation you deserve.

Steps to Take After a DUI Accident

If you've been involved in an accident with a drunk driver in Knoxville, it's crucial to take the right steps to protect your safety, preserve evidence, and ensure you can pursue the compensation you deserve. Here's a guide on what to do:

Ensure Safety and Call for Help

       Check for Injuries: First, assess yourself and any passengers for injuries. If anyone is seriously hurt, call 911 immediately.

       Move to a Safe Location: If possible and safe to do so, move your vehicle out of the flow of traffic to prevent further accidents. If the vehicles cannot be moved, turn on hazard lights.

       Call the Police: Even if the accident seems minor, it's essential to call the police (Knoxville Police Department or Tennessee Highway Patrol, depending on the location) and report the accident, especially if you suspect the other driver is intoxicated. A police report will be crucial for any insurance claims or legal action.

       Don't Leave the Scene: Never leave the scene of an accident before the police arrive and you've exchanged information with the other drivers involved.

 

 

Gather Information

While waiting for the police to arrive, gather as much information as possible, if it's safe to do so, including all of the following:

       Other Driver's Information:

       Driver's name, address, and phone number.

       Driver's license number and state of issuance.

       Insurance company name and policy number.

       Vehicle information (make, model, year, license plate number).

       Witness Information: Get the names and contact information of any witnesses who saw the accident or observed the other driver's behavior. Encourage them to stay and speak to the police.

       Accident Details: Note the date, time, and exact location of the accident. Write down your recollection of how the accident happened while it's still fresh in your memory. Note any signs of intoxication you observed in the other driver (slurred speech, bloodshot eyes, unsteady gait, smell of alcohol).

Document the Scene

       Take Photos and Videos: Use your phone or a camera to document the accident scene from multiple angles. Capture the damage to all vehicles involved, the position of the vehicles after the impact, any skid marks or debris on the road, traffic signals, road signs, and the surrounding environment. Also, take pictures of the other driver, their license if possible, and any visible injuries you sustained.

       Note Road and Weather Conditions: Document the road conditions (e.g., wet, icy, dry), weather conditions (e.g., raining, foggy, clear), and visibility at the time of the accident.

Seek Medical Attention

Even if you don't think you're seriously injured, it's crucial to get checked out by a medical professional as soon as possible after a DUI accident. Some injuries, like internal bleeding or head injuries, may not be immediately apparent.

       Go to the Emergency Room or Doctor: Seek medical attention promptly, even if you feel relatively okay. Adrenaline can mask pain, and some injuries have delayed symptoms.

       Follow Doctor's Orders: Follow your doctor's treatment plan carefully and attend all scheduled appointments.

       Keep Detailed Medical Records: Keep copies of all medical bills, records, and reports related to the accident. These will be important for your insurance claim and any potential legal action.

 

 

Report the Accident to Your Insurance Company

Notify your own insurance company about the accident, even if you believe the drunk driver was at fault. Provide them with the basic details of the accident and the other driver's information.

However, be cautious about making any detailed statements to your insurance company or the other driver's insurance company without first consulting with an attorney.

Do Not Admit Fault

Avoid making any statements at the accident scene or to insurance adjusters that could be interpreted as admitting fault.

Even saying "I'm sorry" could be used against you. Stick to the facts when describing what happened and let the police and insurance companies determine fault.

Contact a DUI Accident Attorney

DUI accident cases are complex and involve both civil and criminal aspects. It's highly advisable to consult with an experienced Knoxville DUI accident attorney as soon as possible. An attorney can:

       Protect Your Rights: Advise you on your legal options and ensure that your rights are protected throughout the process.

       Investigate the Accident: Conduct a thorough investigation, gather evidence, interview witnesses, and potentially hire experts like accident reconstructionists.

       Deal with Insurance Companies: Handle all communications and negotiations with insurance adjusters on your behalf.

       File a Lawsuit: If necessary, file a personal injury lawsuit against the drunk driver and any other liable parties.

       Maximize Your Compensation: Fight for the full and fair compensation you deserve for your medical expenses, lost wages, pain and suffering, and other damages. They will also be able to inform you of any updates in your case.

Keep Records

Maintain a file with all documents related to the accident, including the police report, medical records, insurance correspondence, photos, witness contact information, and any other relevant materials.

Taking these steps after a DUI accident can help protect your health, your legal rights, and your ability to recover the compensation you need to move forward.

 

 

How Our Firm Handles DUI Accident Cases

At DZ Law, we understand the devastating impact DUI accidents can have on victims and their families. We approach each case with compassion, dedication, and a relentless pursuit of justice.

Our experienced Knoxville DUI accident lawyers are committed to holding impaired drivers accountable and securing the maximum compensation possible for our clients. Here's how our firm handles these complex cases:

1. Immediate and Thorough Investigation

Upon taking your case, we initiate a comprehensive investigation to gather crucial evidence. This includes:

       Obtaining Police Reports: We secure the official accident report, which often contains vital information about the drunk driver's blood alcohol content (BAC) and the officer's observations. We're familiar with the procedures of the Knoxville Police Department and the Tennessee Highway Patrol, and we know how to obtain these reports efficiently.

       Interviewing Witnesses: We identify and interview witnesses who can corroborate your account of the accident and provide insights into the driver's behavior.

       Gathering Scene Evidence: We document the accident scene, including photographs, skid marks, and any other relevant physical evidence. We'll meticulously examine the scene, whether it's a busy intersection on Kingston Pike or a quieter road in a residential area like Sequoyah Hills.

       Securing Video Footage: If available, we obtain surveillance footage from nearby businesses or traffic cameras that may have captured the accident.

2. Establishing Liability and Negligence

Proving negligence is crucial in a DUI accident case. We leverage our in-depth knowledge of Tennessee DUI laws to demonstrate the driver's impairment and establish their liability.

We will show that the driver was operating their vehicle under the influence, violating their duty of care, and that their actions directly caused your injuries.

3. Assessing Damages and Building a Strong Case

We meticulously document all your damages, including:

       Medical Expenses: We gather all medical bills, records, and receipts related to your injuries, including hospital stays, surgeries, rehabilitation, and ongoing care.

       Lost Wages: We calculate your lost income due to missed work, including past and future earnings.

       Pain and Suffering: We work with you to quantify the physical pain, emotional distress, and mental anguish you've endured as a result of the accident.

       Property Damage: We assess the damage to your vehicle and other personal property.

4. Negotiating with Insurance Companies

Insurance companies often try to minimize payouts, especially in DUI cases. Our experienced negotiators will aggressively advocate for your rights and fight for the full compensation you deserve.

We handle all communication with insurers, protecting you from tactics designed to undervalue your claim.

5. Litigation and Trial

If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to trial. Our skilled litigators will present a compelling case to the jury, using the evidence gathered during our investigation to demonstrate the drunk driver's negligence and the extent of your damages.

We have a proven track record of success in the courtroom and will fight tirelessly to achieve the best possible outcome for you. Our managing attorneys have extensive courtroom experience in Knox County and throughout East Tennessee.

 

 

Frequently Asked Questions About DUI Accidents in Knoxville

Here are some frequently asked questions About DUI Accidents in Knoxville:

What should I do if I'm hit by a drunk driver in Knoxville?

First, ensure your safety and call 911 if there are injuries. Exchange information with the other driver, but don't discuss fault. Document the scene with photos, get witness contacts, and seek medical attention even if injuries seem minor. Report the accident to your insurance company, and importantly, contact a Knoxville DUI accident attorney as soon as possible.

How can I tell if the other driver was drunk?

Signs of intoxication include slurred speech, bloodshot eyes, the smell of alcohol, unsteady balance, erratic driving, and admissions of drinking. The police will investigate and may conduct field sobriety tests or breathalyzer/blood tests.

Can I sue a drunk driver who hit me?

Yes, you can file a personal injury lawsuit against a drunk driver to recover compensation for your injuries and losses. This is separate from any criminal charges they may face.

What kind of compensation can I get?

You may be entitled to economic damages (medical bills, lost wages, property damage) and non-economic damages (pain and suffering, emotional distress). In DUI cases, punitive damages may also be awarded to punish the driver's reckless behavior.

What if the drunk driver doesn't have insurance?

If the drunk driver is uninsured or underinsured, you may be able to recover compensation through your own insurance policy's uninsured/underinsured motorist (UM/UIM) coverage.

What is a "DUI" versus a "DWI"?

In Tennessee, the correct term is "DUI" (Driving Under the Influence). "DWI" (Driving While Intoxicated) is used in some other states but not typically in Tennessee.

 

 

Contact a Knoxville DUI Accident Lawyer

Being injured by a drunk driver is a frustrating and often devastating experience. At DZ Law, our Knoxville DUI accident lawyers are dedicated to holding impaired drivers accountable and securing justice for victims. We understand the anger and pain that accompany such reckless negligence, and we're committed to fighting for the compensation you deserve.

DUI accidents often result in severe injuries, requiring extensive medical treatment and long-term care. You may be facing mounting medical bills, lost wages, and significant pain and suffering.

Our experienced legal team, led by Mid-South Super Lawyers Robert Dziewulski and Ashleigh Beer-Vineyard, will thoroughly investigate your accident, gather crucial evidence, including police reports and witness statements, and build a strong case against the intoxicated driver. We're well-versed in Tennessee DUI laws and will leverage our expertise to maximize your claim.

If you or a loved one has been injured by a drunk driver in Knoxville, don't hesitate to contact DZ Law by calling 865-259-0020. We offer free consultations, and you won't pay any fees unless we win your case. Let us fight for your justice and help you rebuild your life.

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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