Drunk driving is a tremendous problem throughout the United States, including in Tennessee. In spite of increasingly strict drunk driving laws, sobriety checkpoints, ignition interlocks, and multiple mass media campaigns, drunk driving accidents continue to result in far too many serious injuries and fatalities in this country. Far too many people have suffered life-altering injuries as a result of drunk drivers or lost loved ones to drunk driving wrongful deaths. If you have been the victim of a drunk driving accident in Tennessee, you should get in touch with Cummings Law, a first-rate personal injury law practice located in Nashville. Serving clients throughout Middle Tennessee, we are committed to working diligently and tirelessly to obtain justice for you and your family.
The Advantages of Using A Drunk Driving Accident Attorney
Our lead attorney, Brian Cummings, has impressive credentials, including a lifetime membership in the Multi-Million Dollar Advocates Forum. More than that, he is a compassionate person, sensitive to the trauma you and your family have been through and dedicated to winning you every bit of compensation you deserve.
His extensive legal knowledge coupled with his keen litigation skills make him a formidable opponent in courtroom battles. Brian Cummings will be more than your legal representative. He will offer you the support you need by taking over all legal and insurance matters, negotiating the highest possible settlement and, if necessary, aggressively fighting for your rights in a court of law. While Brian works energetically on your behalf, you will be able to rest and recover from your physical and emotional ordeal.
Brian Cummings knows how to win a drunk driving personal injury case. Once he has listened carefully to your account of the case during a free consultation, he will gather evidence from the accident site, as well as police data, medical records and eyewitness accounts. Once he analyzes all of this pertinent information, he will create a strategy to win you maximum damages.
How DUI and DWI Are Defined in Tennessee
While standards to determine intoxication have similarities in all 50 states, there are distinctions you should be aware of. For example, in Tennessee, though a blood alcohol level (BAC) of .08 or higher is considered to be “driving while intoxicated” or DWI, an individual under the age of 21 with a BAC of .02 can be arrested for “driving under the influence,” or DUI. It should be noted that our lawsuit, because it is a civil litigation, doesn’t require that the drunk driver who harmed you be convicted of a crime. Our burden of proof is lower than the one necessary in criminal court. We will only have to prove “a preponderance of evidence,” not “proof beyond a reasonable doubt” in order to win.
The Personal Injuries Drunk Driving Can Cause
Most of us are aware of the daily carnage on our roads through media coverage and personal observation. It is, of course, a very different experience to live through such an event than to hear about it. Such accidents result in all sorts of injuries, from fractured bones to organ damage, from brain injuries to spinal cord injuries. Though some of these injuries may heal over weeks or months, others may require surgery, long-term treatment, or even cause permanent disability. It is important to seek medical assistance as quickly as possible to give yourself the best chance of full recovery.
Tennessee’s Modified Comparative Fault Rule
State rules concerning awarding fault in traffic accidents vary widely. In Tennessee, if you are found to be partially (even minimally) at fault for a collision with another car, even if the other driver was drunk, the court will award both you and the other driver percentages of blame. If you are found to be, for example, 10 percent at fault for the accident in which you were injured, that 10 percent will be deducted from the damages the court awards you. In the above example, if you are awarded $100,000, you will receive $90,000. The catch in Tennessee, as in several other states, is that if you are found to be 50 percent or more at fault, you will be awarded no compensation at all. This is called a modified comparative fault system.
Damages Cummings Law Can Win for You
At Cummings Law, we are well aware that you are no doubt suffering financial, as well as physical and psychological harm, after the accident. Our primary function as your legal counsel is to win you damages to cover all the current and future expenses you will incur as a result of a drunk driver’s poor judgment and reckless behavior. Brian Cummings is adept at obtaining damages for his clients that may include:
- Economic damages to reimburse you for actual expenses, such as property damage (e.g. a wrecked vehicle), medical costs, rehabilitation, lost income and earning capacity, and/or long-term nursing care
- Non-economic damages, meaning compensation for intangibles, such as pain and suffering, permanent scarring, permanent disability, loss of consortium and loss of enjoyment of life
- Punitive damages to punish especially egregious, malicious or criminal behavior on the part of the drunk driver and to prevent others from engaging in similar misconduct.
When Drunk Driving Accidents Result in Wrongful Death
If the recklessness of a drunk driver has caused the wrongful death of a family member, Cummings Law will do everything possible to get your family justice. In Tennessee, as a close surviving family member, you have the legal right to sue for wrongful death. Such a lawsuit, if successful, may help the family heal emotionally. It will also provide necessary financial compensation to cover medical costs (including end-of-life care), funeral expenses, and loss of income the loved one would have provided if his or her life had not been cut short.
Contact Our Nashville Drunk Driving Accident Lawyer
At Cummings Law, we know how easily you can become overwhelmed in the aftermath of a drunk driving accident. Don’t waste time worrying about how you to deal with an insurance company or how to file a lawsuit. Contact us by phone or through our website. Let us win the resources you deserve to keep you and your family secure.