How to Pursue a Claim Against a DUI Driver
When someone chooses to drive under the influence of alcohol, they put others at risk, and under Tennessee law, they can and should be held accountable.
Pursuing a personal injury claim against a drunk driver involves more than just proving that the other party was intoxicated. It must also demonstrate how their behavior directly caused the harm and build a strong case to support full compensation.
At the Law Office of Joshua S. Reed, we often work with clients whose lives have been upended by drunk driving accidents in Knoxville, Tennessee. These crashes are among the most devastating we see in our personal injury practice, not only because of the serious physical harm they cause but also because they were entirely preventable.
Tennessee law provides important avenues for victims of impaired drivers to seek justice, but timing and strategy matter. That’s why we approach every case with focus and urgency, especially when alcohol is involved.
Establishing Fault in Drunk Driving Accidents
In Tennessee, driving under the influence is a crime, and a criminal conviction can certainly help support a civil personal injury claim. However, it’s important to understand that these are separate legal processes.
The criminal court may impose jail time, fines, or license suspension, but it won’t provide compensation to the person who was hurt. That’s where civil personal injury law steps in.
We begin each case by gathering as much evidence as possible to show that the drunk driver was responsible for the accident.
That can include police reports, witness statements, field sobriety test results, breathalyzer readings, and toxicology reports. In some cases, the at-fault driver may admit to drinking, or there may be video evidence showing erratic driving or a failed test.
All of these elements help us demonstrate liability and build the foundation of the personal injury claim.
Proving Damages After a DUI Crash
Once we establish fault, the next step is proving damages. In Tennessee, injured victims have the right to seek compensation for both economic and non-economic losses. That includes medical bills, lost income, property damage, pain and suffering, emotional distress, and future care needs.
In drunk driving cases, these injuries are often severe:
Traumatic brain injuries
Spinal cord injuries
Broken bones
Internal trauma
We work with medical professionals and financial experts to fully document the impact of those injuries and the projected costs of treatment over time. It’s not just about the immediate aftermath of the crash; it’s about how the injury will affect the person’s life going forward.
As personal injury attorneys, we also help our clients understand what documentation they need to support their claims. From hospital records and doctor’s notes to rehabilitation plans and therapy logs, every piece of information helps us tell a complete story about how the DUI crash changed our client’s life.
Dealing With Insurance Companies
One of the biggest challenges in any personal injury case is dealing with insurance adjusters. While the at-fault driver’s insurer may seem cooperative at first, their goal is usually to pay out as little as possible. In drunk driving cases, they may even try to shift some blame onto the injured person or downplay the extent of the injuries.
We handle all communication with insurance companies on our clients’ behalf. That protects them from making statements that could be used against them later. It also gives us the opportunity to present a strong, organized demand for compensation that reflects the full scope of the harm.
If the insurance company refuses to offer a fair settlement, we’re prepared to take the case to court. Tennessee law supports victims of DUI drivers, and juries often respond strongly to the reckless nature of drunk driving. We use that leverage to fight for our clients' compensation.
Punitive Damages in DUI Cases
One unique aspect of drunk driving personal injury cases in Tennessee is the potential for punitive damages. Unlike compensatory damages, which are meant to make the victim whole, punitive damages are intended to punish the wrongdoer and deter similar behavior in the future.
Under Tennessee law, punitive damages are allowed when the defendant’s conduct was especially reckless or malicious. Drunk driving often meets that threshold.
When someone makes the decision to drive after consuming too much alcohol, they’re willfully endangering others. That opens the door to higher financial penalties, which can significantly increase the value of a personal injury claim.
We always assess whether punitive damages may be appropriate in a drunk driving case. When they are, we build the evidence needed to present that argument clearly and persuasively to the court or jury. That includes highlighting any prior DUI convictions or patterns of dangerous behavior.
How Tennessee Law Addresses Drunk Driving Liability
Tennessee’s personal injury laws support victims of negligence, and driving under the influence falls squarely into that category. Under Tennessee Code § 55-10-401, it’s unlawful to drive with a blood alcohol concentration (BAC) of 0.08% or higher.
That standard applies to most adult drivers. For commercial drivers, the threshold is 0.04%, and for drivers under 21, any measurable alcohol can lead to charges.
When a driver is found to be over the legal limit, they may face criminal penalties—but that doesn't automatically result in compensation for victims. That’s why pursuing a civil claim is essential. We don’t wait for the criminal process to unfold before taking action.
Evidence used in the criminal case is often useful in civil litigation, but we also conduct our own investigation and file the necessary motions to preserve our clients’ rights.
Tennessee also follows a modified comparative fault rule, which means that as long as the injured person is found to be less than 50% at fault for the accident, they may recover damages.
In most DUI cases, the drunk driver bears full responsibility, but we always prepare for any attempt by the defense to shift blame. Our goal is to keep the focus where it belongs—on the driver who made the choice to get behind the wheel while impaired.
Helping Families After Fatal Drunk Driving Crashes
Some of the most heartbreaking cases we handle at the Law Office of Joshua S. Reed involve wrongful death caused by drunk drivers. When a person is killed in a crash caused by someone under the influence, their surviving family members have the right to pursue compensation under Tennessee’s wrongful death laws.
These claims allow families to seek damages for medical expenses incurred before death, funeral and burial costs, lost future earnings, and the emotional toll of losing a loved one. We approach these cases with compassion and resolve, knowing that no amount of money can replace what was taken, but accountability still matters.
In these cases, we work closely with family members to gather evidence, file court documents, and manage deadlines. We take that burden off their shoulders so they can focus on healing while we pursue justice on their behalf.
Personal injury law is about protecting the living and honoring those who were lost because of another’s reckless decisions.
Pursuing a Claim When the Drunk Driver Has No Insurance
Unfortunately, some drivers don't carry auto insurance, or their policy limits are far too low to cover the full extent of the damage. When that happens, we explore all available options for recovery. In many cases, uninsured or underinsured motorist (UM/UIM) coverage can help bridge the gap.
Tennessee doesn't require drivers to carry UM/UIM coverage, but many people have it without even realizing it. We review our clients’ insurance policies carefully to determine what benefits may apply. Filing a claim under one’s own policy is never ideal, but when the alternative is absorbing the cost alone, it can be the best path forward.
We also look into whether any third parties may bear responsibility—for example, a bar or restaurant that continued to serve alcohol to someone who was clearly intoxicated. Tennessee’s dram shop laws allow claims against establishments in certain cases, and that can provide another avenue for personal injury compensation.
Contact a Personal Injury Attorney Today
At the Law Office of Joshua S. Reed, we believe in standing up for those whose lives have been changed by someone else’s reckless choices. We’re proud to serve Knoxville, Tennessee, and the surrounding areas of Anderson County, Blount County, Union County, Maryville County, Oak Ridge County, and Clinton County. Call today.