Drunk Driving Accidents / Dram Shop Cases

In Tennessee, alcohol contributes to nearly 28 percent of all traffic deaths. In Mississippi, drunk drivers cause almost 30 percent of traffic deaths. These outrageous numbers do not tell the full story. Family members face the heartbreaking prospect of losing their loved ones. Survivors of drunk driving accidents often suffer serious injuries and permanent disabilities that impact their ability to earn money, to fully enjoy their families and to participate in the activities they once loved.

Johnson & Bennett understands the devastating consequences of a DUI accident. Our attorneys assertively pursue compensation that can help you meet the challenges ahead. Drawing on our substantial experience, we consider creative solutions to maximize your compensation, often going after the driver, the establishment that served the driver, and all insurance companies with a stake in coverage.

Our tactics have paid off in the past. In fact, our team recently settled a drunk driving dram shop claim for $1 million.*

Civil Liability Versus Criminal Liability

Prosecutors are responsible for holding the drunk driver who injured you liable in the criminal courts. Mississippi courts generally impose steep prison sentences and at least five years of license suspension for felony DUI involving a serious accident. If you were seriously injured in a Tennessee accident, the drunk driver faces vehicular assault charges, a Class D felony, and penalties of up to five years of license revocation and up to 12 years imprisonment, depending upon DUI history and other factors.

The judge may order restitution, but the amount will not adequately compensate you for your injuries and the defendant may not have the financial means to pay you the full judgment.

You must file a civil claim to recover compensation. You may consider suing the drunk driver or the bar that over-served alcohol to its intoxicated patron.

The standard in a criminal case is beyond a reasonable doubt, whereas the standard in a civil case is the less stringent preponderance of the evidence, and so you may have a valid civil claim even if the prosecutors fail to secure a criminal conviction.

Our lawyers are skilled at analyzing important DUI evidence, including breathalyzer results, field sobriety tests results, police reports, cruiser dash-cam videos and criminal trial testimony.

Dram Shop Laws of Tennessee and Mississippi

In Tennessee and Mississippi, dram shop laws allow you to sue the bar, restaurant, nightclub or liquor store that sold alcohol to the drunk driver if:

  • The driver was underage, or
  • The driver was visibly intoxicated.

In many cases, dram shop offers the best means of recovering damages for your injuries. Our lawyers carefully reconstruct the events leading up to the crash to determine whether a drinking establishment may be liable.

Recover from the Drunk Driver Who Injured You and the Bar that Served the Driver

Schedule your free case evaluation with our Tennessee and Mississippi traffic crash attorneys to learn more about your rights and options. Because Johnson & Bennett takes your claim on contingency, you owe us no lawyers’ fees until we recover damages. To serve you best, we will visit you at your home or the hospital or schedule your appointment after hours. Our 12-hour max response policy makes us readily accessible to you throughout your case.

*Disclaimer: Results are not typical.

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1331 Union Avenue, Ste. 1226
Memphis, TN 38104

901-402-6601

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