Driving while under the influence of drugs or alcohol is hazardous, and many people suffer life-threatening or fatal injuries in accidents caused by drunk drivers yearly. The legal maximum blood alcohol content (BAC) is 0.08 percent, and any reading above that amount is cause for an arrest for drunk driving.
If you were in a collision with an intoxicated driver, you have the legal right to hold them financially accountable for the injuries and damages you sustained. Schedule a meeting with a skilled attorney from the Law Office of David E. Gordon to help you understand the next steps after a drunk driving accident in Cordova.
Injury Lawsuits After Crashes Involving Drunk Drivers
After an accident with an intoxicated driver, the injured parties can file a claim for damages based on negligence. All motorists have a legal duty of care and obligation to act reasonably and avoid causing harm to other drivers and pedestrians on the roadways.
A drunk driving arrest is evidence of fault, and the court could hold the intoxicated motorist liable for compensation following a car wreck in Cordova. Intoxicated drivers often cause accidents that lead to severe bodily harm as well as psychological and financial damages.
Compensation for Civil Actions Against Drunk Drivers
The settlement for a civil claim for compensation after an accident with intoxicated drivers will vary depending on the accident specifics and severity of injuries and losses. The court may award compensation to cover the following:
- Medical costs, including the cost of ongoing care
- Physical and psychological therapy
- Lost pay and benefits
- Losing the enjoyment of life
- Pain and suffering
- Emotional anguish
Crashes involving drunk drivers are often severe, and the total payout for damages can be substantial. After reviewing the case, knowledgeable attorney David E. Gordon can answer specific settlement questions.
Ethan’s, Hailey’s, and Bentley’s Law
When a driver under the influence of alcohol or drugs causes an accident and parents or guardians suffer fatal injuries, innocent children suffer the consequences. Therefore, lawmakers in Tennessee enacted Ethan’s, Hailey’s, and Bentley’s legislation in the hopes of causing motorists to consider carefully before drinking and driving.
According to Tennessee’s HB 1834 – SB 2103, the court will hold anyone guilty of drunk driving and causing fatal accidents involving parents and guardians financially responsible for the surviving children. Under the law, the individual the court finds guilty of drunk driving must pay child support for minor children until they reach the age of 18.
After considering the case specifics, the courts will determine the amount of the support payments on a case-by-case basis. If the defendant cannot make the child support payments during incarceration, they will have one year after release to begin. During the consultation, a diligent attorney experienced with Cordova drunk driving car crashes can review the applicable laws and statutes.
Time Limit to File the Lawsuit
Tennessee’s statute of limitations sets a strictly enforced time limit for filing a case for damages in negligence claims. According to the Tennessee Code Annotated § 28-3-104, the claimant has one year to file the lawsuit against the drunk driver. Missing this expiration date could mean losing eligibility to recover the fair settlement amount.
Call a Qualified Attorney About Cordova Drunk Driving Accidents
Negligent motorists who get behind the wheel after drinking place themselves and everyone on the road around them at significant risk of suffering severe harm and property damage. An arrest for intoxicated driving could allow you to hold the negligent party responsible for their actions.