Nashville Drunk Driving Accidents Attorney -Tennessee Drunk Driving Lawyers
David Randolph Smith
David Randolph Smith Edmund J. Schmidt III
Phone:(615) 742-1775
Toll-Free:(800) 394-2119
Fax: (615) 742-1223

Justice for Drunk Driving Victims

Nashville Drunk Driving Accidents Lawyer

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Holding Drunk Drivers Responsible

While many personal injury accidents are caused by negligence, drunk driving accidents are the result of willful misconduct on the part of the liable party. If you or someone close to you has been injured by a drunk driver, it is important to have an attorney on your side who understands the legal issues that are unique to this type of accident.

At David Randolph Smith & Associates , we aggressively pursue claims against drunk drivers responsible for serious injuries and wrongful death. If you or a loved one have been harmed by a drunk driver, our attorneys will work to help you obtain the compensation you need and the justice you deserve.

Contact us today to speak with an experienced Nashville drunk driving accidents attorney.

David Randolph Smith & Associates has received the AV rating under Martindale-Hubbell's peer review rating system. Our firm has been listed in Best Law Firms in America. Our attorneys' credentials are both individually and collectively impressive; they include certification by the Tennessee Commission for Continuing Legal Education as a Civil Trial Specialist and as a Medical Malpractice Specialist, selection as a Mid-South Super Lawyer**, attorneys named in the Top 100 attorneys in Tennessee by Law and Politics Magazine and inclusion in the guidebook Best Lawyers in America.

Drunk Driving Accident Lawsuits

In a drunk driving case, we can not only pursue compensatory damages (compensation for medical bills, lost wages and other losses), but punitive damages as well. Punitive damages make it possible to punish the drunk driver, grant significantly higher awards to victims, and deter others from drunk driving.
If your drunk driving accident was also a hit-and-run accident, our lawyers can help. We will work to identify the drunk driver, or if that is not possible, pursue compensation from your own uninsured/underinsured motorist coverage. We understand the hardships you face as a result of this accident, and we are prepared to help.

Dram Shop Liability

In some drunk driving cases, we may be able to identify other liable parties in addition to the drunk driver. Dram shop liability refers to liability on the part of bars, taverns, restaurants and other establishments that serve alcohol to people who go on to cause drunk driving accidents. We thoroughly investigate every case and will explore all avenues of compensation in your accident injury case.

Contact Us ยท Nashville, Tennessee Car Accident Attorney

To schedule a detailed consultation with one of our Nashville drunk driving accidents attorneys, contact our law firm today. Let us put our team of respected legal professionals, independent investigators and medical experts to work on your case immediately.

If you have been injured by the acts of a drunk driver and believe you have a serious injury or death claim, contact the Nashville personal injury firm of David Randolph Smith & Associates and set up a free case evaluation. If you can't come to our offices, we will meet you where it is convenient.

We have close working relationships with local, state and federal law enforcement and officials and investigators. If you you are seeking a Nashville, Tennessee crime victim attorney, we would be pleased to hear from you.

Where Can I Find Additional Information?

Drunk Driving Lawsuits

Drunk driving claims the life of someone in the U.S. every 40 minutes and is responsible for about one-third of all traffic fatalities. Many people assume that the chance they personally will be involved in an accident with a drunk driver is remote, but three in every ten people will be involved in an accident involving a drunk driver at some point during their lifetime. It is also the case that drunk driving is usually not an isolated event for people who drink and drive. One study found that a drunk driver typically driving drunk approximated 80 times before being arrested for DUI for the first time.

Accidents with a drunk driver tend to lead to very serious injuries and even death. At David Randolph Smith & Associates, we have been representing those who have been seriously injured or killed by drunk drivers for over 25 years. If you have been involved in a motor vehicle accident with a drunk driver, you should contact an experienced drunk driving accident attorney immediately. Here are answers to some frequently asked questions regarding drunk driving accidents:

What should I do if I am involved in an accident with a drunk driver?

The first order of business is to make sure you have any injuries attended to and that you seek medical treatment. You should also summon the police to the scene of the accident and let the dispatcher know that you believe the other driver is under the influence of drugs or alcohol. You should also make sure you have the name, contact information, and insurance information for the other driver. Also make sure you get the contact information for any witnesses because they may have witnessed erratic behavior or driving as well as other signs of intoxication by the other driver. (For a free accident checklist to keep in your car, click here.)

If the other driver was driving under the influence, I presume that means they were at fault for the accident?

Drunk driving does not in and of itself mean that the driver caused the accident. However, it is likely that the other driver being intoxicated will lead to them being at least partially at fault for the accident. Any erratic driving that you or other witnesses observe, as well as any traffic violations that may have resulted from the driver's intoxication, will also help establish the other driver's fault.

If I was at fault also does this preclude me from seeking compensation for my injuries from the drunk driver?

Tennessee is a comparative fault state which means that you may still bring a claim for injuries even if you were partially at fault. The court will allocate fault between the parties based on the percentage of fault that is attributed to each party. As long as you are 49% at fault or less you will be entitled to some recovery, but your damage award would be reduced by your percentage of fault.

How long do I have to pursue a lawsuit against a drunk driver?

The statute of limitations in Tennessee for a personal injury lawsuit including injuries from a motor vehicle accident with a drunk driver is one year. However, there are a number of exceptions- one of which is that a minor has one year from the time that they turn 18 years old. However, it is a good idea not to wait to seek legal advice. There may be other time limits that apply to your case. For example, if a condition of the roadway contributed to the accident, you may need to sue a public entity. The timeline for pursuing a claim against a public entity is much shorter so you should seek legal advice immediately. Failure to meet a legal time deadline can result in the loss of the right to recover for your injuries and damages.

What is the legal limit for a presumption that someone is under the influence of alcohol in Tennessee?

If a driver has a blood alcohol concentration (BAC) of .08% or greater, they will be presumed to be driving under the influence of alcohol.

Who may pursue an action against a drunk driver?

Essentially anyone who is injured by the drunk driver which may include any of the following:

  • A driver of another motor vehicle
  • Pedestrians
  • Cyclists
  • Passengers in any of the vehicles
  • Heirs and personal representatives of anyone who is killed

Can I sue the bar that served the driver alcohol?

The Tennessee Dram Shop Law permits a person to sue a bar, restaurant or other business that serves alcohol to a person who is obviously intoxicated or under 21. If the business serves a person in either situation and the person then is involved in a drunk driving accident, the business may be liable.

If I am a passenger in the car with a drunk driver and am injured in a drunk driving accident, can I sue the driver?

You may be able to sue the driver because the driver has a duty to take reasonable care to drive safely as not to injure others including passengers in one's own car. However, if you served the alcohol to the driver or knew that the driver was intoxicated you may have a more difficult case. If you were the passenger in a vehicle with a drunk driver who caused your injuries, it is imperative that you consult with an experienced Tennessee drunk driving accident attorney.

Are punitive damages available in a drunk driving accident?

Punitive damages can be substantial and can be a much larger dollar amount than compensatory damages that are intended to cover one's actual damages and losses. Punitive damages are designed to punish particularly egregious conduct and discourage others from engaging in such conduct, and they can potentially be recovered in a drunk driving case.

If a driver is under the influence of drugs, does that change the situation?

If a driver is impaired or driving while under the influence it does not matter if it is drugs or alcohol. However, there is no minimum threshold amount of drugs that needs to be in a driver's system for the driver to be considered impaired. Any drugs in the system is sufficient, though you may still need to show that the drugs actually affected the other driver's judgment or driving skills. This can sometimes be accomplished with expert testimony regarding how a certain amount of a drug would have affected one's driving.

If you are the vicitm of a Tennessee drunk driving accident, it is important that you seek immediate legal advice to protect your rights. Drunk driving accidents often involve excessive speed and result in catastrophic injuries and fatalities. At David Randolph Smith & Associates, our Tennessee drunk driving accident victim attorneys have been representing those injured or killed in drunk driving accidents throughout the State of Tennessee for over a quarter of a century. If you or someone you love has been involved in a serious accident with a drunk driver, you should contact us today for a free consultation. We are available to assist clients throughout all of Tennessee including, but not limited to:

In general (there are exceptions) you must file suit in the county where the collision occurred. in each case a lawsuit must be filed in the county seat for the town where the collision occurred, a list of possible towns where your wreck may have happened include:
A Adams, Adamsville, Afton, Alamo, Alcoa, Alexandria, Alpine, Altamont, Antioch, Ardmore, Arlington, ArnoldArrington, Arthur, Ashland City, Athens, Atoka, Atwood,
B Bartlett, Bath Springs, Baxter, Bean Station, Beech, Beersheba Springs, Belfast, Bell, Bellevue, Bells, Benton, Bethel Springs, Bethpage, Big Rock, Big Sandy, Birchwood, Blaine, Bloomingdale, Bloomington Springs, Blountville, Bluff, Bluff City, Bolivar, Bon Aqua, Braden, Bradford, Brentwood, Brighton, Bristol, Brownsville, Bruceton, Brunswick, Brush Creek, Buchanan, Buckle, Buena Vista, Buffalo Valley, Bulls Gap, Burns, Butler, Byrdstown
C Calhoun, Camden, Campaign, Carthage,Cedar Grove, Cedar Hill, Celina, Centerville, Chapel Hill, Chapmansboro, Charleston, Charlotte, Chattanooga, Chestnut Mound, Christiana, Chuckey, Church Hill, City, Clarksburg, Clarksville, Cleveland, Clifton, Clinton, Coalfield, College Grove, Collegedale, Collierville, Collinwood, Colonial Heights, Columbia, Como, Concord, Cookeville, Copperhill, Cordova, Corryton, Cosby, Cottage Grove, Cottontown, ,Covington, Cowan, Crab Orchard, Crawford, Crockett Mills, Cross Plains, Crossville, Crump, Culleoka, Cumberland, Cumberland Furnace, Cumberland Gap, Cunningham, Cypress Inn
D Dandridge, Darden, Dayton, Decatur, Decaturville,Deer Lodge, Del Rio, Delano, Denmark, Denver, Dickson, Dixon Springs, Dover, Doyle, Dresden, Drummonds, Duck River, Ducktown, Duff, Dukedom, Dunlap, Dyer, Dyersburg
E Eads, Eagan, Eagleville, East Ridge, Eaton, Elgin, Elizabethton, Elkton, Ellendale, Elmwood,Englewood, Erin, Erwin, Estill Springs, Etowah, Eva,
F Fairfield, Fairview, Fall Branch, Fayetteville, Finley, Five Points, Flatwoods, Flintville,Franklin, Friendship, Friendsville, Fruitvale
G Gadsden, Gainesboro, Gallatin, Gates, Gatlinburg, Georgetown, Germantown, Gibson, Glade, Gladeville, Gleason, Goodlettsville, Gordonsville, Grand Junction, Grandview, Granville, Gray, Graysville, Greenback, Greenbrier, Greeneville, Greenfield, Guys
H Halls, Hampshire, Hampton, Harriman, Harrison, Hartford, Hartsville, Henderson, Hendersonville, Henning, Henry, Hermitage, Hickman, Hickory, Hickory Valley, Hickory Hill, Hillsboro, Hixson, Hohenwald, Holladay, Hollow Rock,Hornbeak, Hornsby, Humboldt, Huntingdon, Huntsville, Hurricane Mills
I Indian Mound, Iron City
J Jacks Creek, Jacksboro, Jackson, Jamestown, Jasper, Jefferson City, Jellico, Joelton, Johnson City, Jonesborough
K Kelso, Kenton, Kimball, Kingsport,Kingston, Kingston Springs, Knoxville, Kodak
L La Grange, Laconia, Lafayette, Lake City, Lancaster, Lancing, Lascassas, LaVergne, Lawrenceburg, Lebanon, Lenoir City, Lenox, Leoma, Lewisburg, Lexington, Liberty, Limestone, Linden, Livingston, Lookout Mountain, Loudon, Luray, Luttrell, Lyles, Lynchburg, Lynn Garden, Lynnville
M Macon, Madison, Madisonville, Manchester, Mansfield, Martin, Maryville, Mascot, Mason, MauryCity, Maynardville, Mc Kenzie, McEwen, McMinnville, Medina, Melrose, Memphis, Mercer, Michie, Middleton, Midway, Milan,Milligan College, Millington, Milton, Minor Hill, Monroe, Monteagle, Monterey, Morris Chapel, Morrison, Morristown, Moscow, Mosheim, Moss, Mount Carmel, Mount Juliet, Mount Pleasant, Mount Vernon, Mountain City, Mountain Home,Mulberry, Munford, Murfreesboro
N Nashville, New Johnsonville, New Market, New Tazewell, Newbern, Newcomb, Newport, Nolensville, Normandy, Norris,
O Oak Ridge, Oakdale, Oakfield, Oakland, Obion, Ocoee, Old Hickory, Oldfort, Oliver Springs, Oneida, Only, Ooltewah, Orlinda,
P Paris, Parsons, Pegram, Pelham, Petersburg, Petros, Pickwick Dam, Pigeon Forge, Pikeville, Piney Flats, Pinson, Pioneer, Plaza, Pleasant Hill, Pleasant Shade, Pleasant View, Pleasantville, Pocahontas, Portland, Powder Springs, Prospect, Pulaski
R Ramer, Readyville, Reagan, Red Bank, Red Boiling Springs, Reliance, Riceville, Rickman, Ridgetop, Ripley, Rives, Roan Mountain, Robbins, Rock Island, Rockford, Rockvale, Rockwood, Rogersville, Rossville, Rugby, Russellville, Rutherford, Rutledge
S Saint Andrews, Saint Joseph, Sale Creek, Santa Fe, Savannah, Selmer, Sequatchie, Sevierville, Sewanee, Seymour, Shady Valley, Sharon, Sharps Chapel, Shelbyville, Sherwood, Shiloh, Signal Mountain, Silver Point, Smithville, Smyrna, Ferry, Sneedville, Soddy Daisy, Somerville, South Fulton, South Pittsburg, Southside, Sparta, Speedwell, Spencer, Spring City, Spring Creek, Spring Hill, Springfield, Stanton, Stewart, Strawberry Plains, Sugar Tree, Summertown, Summitville, Sweetwater
T Taft, Tallassee, Tazewell, Telford, Tellico Plains, Ten Mile, Tennessee Ridge, Thompson's Station, Thorn Hill, Tipton, Tiptonville, Townsend, Tracy City, Trade, Trenton, Troy, Tullahoma,Turtletown, Tusculum
U Unicoi, Union City, Unionville
V Vanleer, Viola
W Wartburg, Wartrace, Washburn, Watauga, Watertown, Watts Bar Dam, Waverly, Waynesboro, Westmoreland, White Bluff, White House, White Pine, Whites Creek, Whitesburg, Whiteside, Whiteville, Whitwell, Wilder, Winchester, Winfield,Woodbury, Woodland Mills, Woodlawn

No matter where you are, we are just a phone call away and we will even come to you.

As a victim of drunk driving you may be unable to work and support your family and may face years of rehabilitation. It is important to have an experienced and knowledgeable law firm representing you in your claim and against third parties. At David Randolph Smith & Associates, Attorneys at Law, our Tennessee and Nashville lawyers have been representing those injured by drunk drivers for over 30 years. We are available to assist clients throughout all of Tennessee including, but not limited to, Nashville, Murfreesboro, Lebanon, Gallatin, Clarksville, Chattanooga, Memphis, and all smaller cities and rural areas in the state. Call us today for your free consultation at 1-800-394-2119, or visit us on the web at No matter where you are in Tennessee, we are just a phone call away, and we will even come to you.

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    Last updated: 12/3/11