Hit by a Drunk Driver in Tennessee? Your Legal Rights and Options

Being hit by a drunk driver is different from an ordinary car accident, and Tennessee law treats it differently, too. The driver who chose to get behind the wheel impaired faces criminal prosecution, but the criminal case will not pay your medical bills or replace your lost income. That is what a civil claim is for, and in drunk driving cases, Tennessee law gives injured victims several advantages they would not have in a typical crash.

If you or a loved one was hurt by an impaired driver in Memphis, Jackson, or anywhere in West Tennessee, here is what you need to know about your rights.

The criminal case and your civil claim are separate

When police arrest a driver for DUI after a crash, the state prosecutes the crime. You do not control that case, and even a conviction pays you nothing beyond possible restitution. Your path to compensation is a civil claim against the driver and, in some cases, other responsible parties.

The two cases run on separate tracks, but the criminal case can help yours. A DUI conviction, blood alcohol test results, and the officer’s report all become powerful evidence in your civil claim. You do not need to wait for the criminal case to finish before contacting a lawyer, and given Tennessee’s one-year filing deadline, you should not.

Tennessee’s damage caps do not apply to drunk drivers

In most Tennessee injury cases, non-economic damages such as pain and suffering are capped at $750,000 under the Tennessee Civil Justice Act. That cap can disappear when the defendant was under the influence of drugs or alcohol at the time of the crash.

This is one of the most significant advantages Tennessee law gives drunk driving victims. A jury can award the full measure of your pain, suffering, and loss of enjoyment of life without a statutory ceiling. Combined with unlimited economic damages for your medical care and lost income, the absence of a cap can change the value of a serious case dramatically.

Punitive damages: holding the drunk driver accountable

Compensatory damages pay you back for what you lost. Punitive damages exist to punish the wrongdoer and deter others, and drunk driving is one of the clearest situations where Tennessee courts allow them.

To recover punitive damages, your attorney must show by clear and convincing evidence that the driver acted intentionally, fraudulently, maliciously, or recklessly. Driving drunk generally qualifies as reckless conduct. While Tennessee generally caps punitive damages at two times compensatory damages or $500,000, whichever is greater, that cap also falls away when the defendant was intoxicated.

One practical note: automobile insurance policies generally do not cover punitive damages, so collecting them depends on the driver’s personal assets. An experienced attorney will evaluate whether pursuing punitive damages makes strategic sense in your case.

Can a bar or restaurant be held liable? Tennessee’s dram shop law

Sometimes the drunk driver is not the only responsible party. Under Tennessee’s dram shop statute, T.C.A. Section 57-10-102, a business that sells alcohol may be held liable if it sold alcohol to a visibly intoxicated person or to a minor, and that sale was the proximate cause of your injuries.

Dram shop claims require proof beyond the crash itself: receipts, surveillance footage, witness testimony about the driver’s visible condition when served. This evidence disappears quickly. Bars record over surveillance video, and employees move on. If there is any indication the driver was overserved before your crash, your attorney needs to send preservation letters immediately.

Social hosts who serve adult guests are generally not liable in Tennessee, though furnishing alcohol to minors is treated differently.

What compensation can you recover?

A drunk driving injury claim in Tennessee may include:

• Past and future medical expenses, including surgery, hospitalization, and rehabilitation
• Lost wages and diminished earning capacity
• Pain and suffering, with no cap
• Emotional distress, including PTSD
• Disfigurement and permanent disability
• Punitive damages
• Property damage

If a loved one was killed by a drunk driver, eligible family members may bring a wrongful death claim, which can include the loss of love, companionship, and financial support, along with funeral expenses.

What to do after a drunk driving crash

• Call 911 and report the crash. The responding officer’s DUI investigation, including field sobriety and chemical tests, becomes core evidence in your civil case.
• Get medical care immediately and follow through on treatment. Gaps in care become insurance company talking points.
• Document everything you can. Photos of the scene and vehicles, names of witnesses, and anything you observed about the other driver’s condition.
• Do not accept a quick settlement. Insurers move fast in drunk driving cases because they know the exposure is high. Early offers rarely account for future medical needs or the full value of an uncapped claim.
• Contact an attorney quickly. Tennessee’s statute of limitations for injury claims is one year under T.C.A. Section 28-3-104, and dram shop evidence disappears much faster than that.

Frequently Asked Questions

Can I sue a drunk driver in Tennessee even if they were not convicted of DUI?

Yes. A civil claim is independent of the criminal case, and the standard of proof is lower. You must prove the driver was negligent by a preponderance of the evidence, not beyond a reasonable doubt. Evidence of intoxication strengthens your claim even without a conviction.

Do Tennessee’s damage caps apply if I was hit by a drunk driver?

No. Tennessee’s caps on non-economic damages do not apply when the defendant was under the influence of drugs or alcohol at the time of the crash. This means there is no statutory ceiling on compensation for pain and suffering in a drunk driving case.

Can I get punitive damages from a drunk driver?

In many cases, yes. Drunk driving generally qualifies as the kind of reckless conduct that supports punitive damages under Tennessee law, and the usual punitive damage caps do not apply to intoxicated defendants. Collecting punitive damages depends on the driver’s assets, since insurance typically does not cover them.

Can I sue the bar that served the drunk driver?

Possibly. Under T.C.A. Section 57-10-102, a business can be held liable if it sold alcohol to a visibly intoxicated person or a minor and that sale caused your injuries. These claims require fast-moving evidence preservation, so contact an attorney as soon as possible.

What if the drunk driver who hit me was uninsured?

You may still recover through the uninsured/underinsured motorist coverage on your own auto policy. Your attorney can also investigate whether a dram shop claim or the driver’s personal assets provide additional sources of recovery.

Injured by a drunk driver? We can help.

No one should pay the price for another person’s decision to drive drunk. The car accident attorneys at Greer Injury Lawyers, PLLC have fought for injured Tennesseans since 1986, recovering more than $300 million for our clients, and we know how to hold impaired drivers and the businesses that overserve them fully accountable. Contact us today for a free, no-obligation consultation.

This article is for general informational purposes only and does not constitute legal advice. Tennessee law cited includes T.C.A. Section 28-3-104 (statute of limitations), T.C.A. Section 57-10-102 (dram shop liability), and the Tennessee Civil Justice Act of 2011 (damage caps and exceptions). Laws change; consult a licensed Tennessee attorney for advice specific to your situation.