Nashville Drunk Driving Accident Lawyer

Over 20 Years Fighting for Nashville’s Drunk Driving Victims

Drunk driving is one of the most preventable causes of serious injury on Nashville roads, yet impaired drivers continue to harm innocent people throughout Davidson County. Tennessee sets the legal blood alcohol content (BAC) limit at 0.08% for non-commercial drivers and 0.04% for commercial drivers, with zero tolerance for drivers under 21. If someone violates those limits and injures you, Tennessee’s at-fault insurance system allows you to pursue compensation from the impaired driver and their insurer.

You generally have one year from the accident date to file an injury claim under Tennessee’s statute of limitations, making prompt legal action essential. At Witherington Injury Law, we represent people injured in drunk driving accidents in Nashville. Patrick D. Witherington leads our firm with over 20 years of experience in injury law, including drunk driving accident claims. We handle cases from the initial investigation through negotiation and, when insurers won’t offer a fair settlement, through trial.

Call us at (615) 697-6503 to schedule a free initial consultation about your Nashville drunk driving accident claim.

Why Nashville Clients Choose Witherington Injury Law

Familiarity with Davidson County courts and Tennessee’s comparative fault rules can make a material difference in how a drunk driving claim is handled. Patrick D. Witherington has earned the AV Preeminent® Peer Review Rating™, inclusion in Super Lawyers® for Mid-South Rising Stars™, a Superb Avvo Rating, and recognition in Best Lawyers 2026. We’re also recognized by America’s Top 100 Personal Injury Attorneys and carry a Lead Counsel rating. These peer-reviewed credentials reflect a standard of practice clients can rely on when the stakes are highest.

Our communication is direct. You work with our team throughout your case and receive updates at every stage, from the first call through final resolution. We coordinate legal, medical, and insurance issues on your behalf so you can focus on recovery rather than paperwork and phone calls. Our case results and client reviews are publicly available on our website for anyone who wants to see how we’ve handled claims like theirs.

Steps to Take After a Drunk Driving Accident in Nashville

The decisions you make immediately after a crash can affect both your health and your legal options. Take these steps to protect both:

• Call 911 and request medical attention even when injuries aren’t immediately apparent. Some injuries, including traumatic brain injuries and internal damage, take days to show symptoms.
• Provide a detailed account to law enforcement and obtain the responding officer’s name and badge number for follow-up.
• Request a copy of the official accident report and review it for accuracy, confirming it reflects the driver’s impairment as documented by the Nashville Police Department or Tennessee Highway Patrol.
• Document the scene with photographs of vehicle positions, road conditions, traffic controls, and visible injuries.
• Collect contact and insurance information from everyone involved, along with names and contact details for witnesses.
• Avoid statements that could be interpreted as admitting fault, even informal ones at the scene.
• Contact a drunk driving accident attorney as early as possible so evidence, including video recordings and bar receipts, can be preserved before it disappears.

Keep a written record of events, conversations with officials, and how your injuries progress in the days after the crash. Our team can help you understand what documentation will matter most for your situation.

Evidence in a Drunk Driving Accident Claim

Blood and breath testing, police officer observations, and official accident reports can show that a driver was impaired. Witness statements, photographs, vehicle damage, crash data, and nearby video can also establish how the collision occurred and who was at fault.

We investigate these records from the initial stages of a claim and continue developing the evidence through negotiation and trial when necessary. Prompt evidence preservation matters because surveillance recordings and alcohol-service records can be lost or destroyed.

Compensation After a Drunk Driving Crash

You can seek compensation for medical expenses, rehabilitation costs, lost wages, future care, and pain and suffering. Long-term injuries may also affect your earning capacity and quality of life. We evaluate your circumstances to identify every applicable category of damages rather than limiting the claim to initial emergency bills.

Punitive damages may also be available when the evidence meets Tennessee’s legal standard. The damages available depend on the circumstances of the claim, including the severity and duration of the injuries, the financial effects of missed work, and the evidence concerning the impaired driver’s conduct.

Nashville Laws & Resources for Drunk Driving Victims

Tennessee classifies a DUI causing death as Vehicular Homicide by intoxication, a Class B felony. Causing serious bodily injury while driving under the influence is a Class D felony in Tennessee. A criminal DUI charge or conviction can support your civil claim, though it doesn’t automatically establish full civil liability. Tennessee also prohibits drivers from consuming or possessing an open container of alcohol while operating a vehicle, and that violation can factor into how fault is documented.

Mothers Against Drunk Driving (MADD) provides emotional support, advocacy, and practical resources for victims and their families throughout Tennessee. The Tennessee Department of Safety and Homeland Security publishes DUI enforcement data and maintains statewide impaired-driving safety initiatives. Official accident reports from the Nashville Police Department and the Tennessee Highway Patrol are essential to insurance claims and civil litigation, making prompt retrieval an important early step.

Tennessee uses a modified comparative fault rule. You can recover damages when you’re less than 50% at fault, but your recovery is reduced by your assigned percentage of responsibility. A person found 50% or more at fault can’t recover damages.

The general filing deadline is one year from the date of injury under Tenn. Code Ann. § 28-3-104(a)(1). The period can extend to two years when criminal charges are brought against the at-fault party within one year of the injury and the civil action is filed against that same prosecuted party.

Liability & Dram Shop Claims in Nashville Drunk Driving Cases

A drunk driving collision may involve more than the impaired driver, and identifying every potentially responsible party can affect the compensation available. In Tennessee, a bar, restaurant, or other business that serves alcohol may be held accountable under the dram shop statute (Tenn. Code Ann. § 57-10-102) if it sold alcohol to a visibly intoxicated person or a known minor and that consumption directly caused your injuries. These claims carry a burden of proof beyond a reasonable doubt, decided by a 12-person jury, making thorough evidence-gathering critical from the start.

Tennessee’s dram shop statute applies to licensed alcohol vendors that sold alcohol. It doesn’t extend dram shop liability to social hosts at private gatherings. A claim against a licensed seller requires evidence of the alcohol sale, the customer’s visible intoxication or known underage status, and the connection between that sale and the resulting injury.

Because Tennessee follows a comparative fault rule, insurance carriers often try to shift blame to injured victims to reduce what they owe. We evaluate every possible source of responsibility so you aren’t limited to the at-fault driver’s insurance policy alone. We gather police reports, crash data, video footage, and witness statements to build a clear liability picture. When appropriate, we also consult accident reconstruction professionals familiar with Davidson County courts. Dram shop claims require especially prompt action because surveillance footage and bar receipts can be lost or destroyed quickly.

Wrongful Death Claims After a Fatal Drunk Driving Crash

A fatal drunk driving crash can lead to criminal proceedings and a separate civil claim. Under Tennessee Code § 20-5-107, the deceased person’s personal representative or surviving spouse may bring the action. If there’s no surviving spouse, the deceased person’s children or next of kin may pursue the claim.

The claim can address losses resulting from the death, including loss of companionship or support where applicable. We handle wrongful death matters within our broader personal injury practice and evaluate the available evidence, responsible parties, and categories of damages.

Talk to a Nashville Drunk Driving Accident Attorney Today

If an impaired driver injured you or a loved one in Nashville, we can explain your legal options and pursue the compensation you may be entitled to. Patrick D. Witherington and our team investigate these claims, communicate with insurers, and keep you informed from the first call through final resolution. We offer free initial consultations and take the time to understand the specific facts before recommending a course of action.

Call Witherington Injury Law today at (615) 697-6503 or contact us online to schedule a free consultation with a drunk driving accident attorney in Nashville.