Driving drunk, or even under the influence of any alcohol, is a choice – and an illegal one. People who should know better and who often simply choose selfish convenience at the risk of everyone they encounter on the road deserve to be held responsible for the pain, suffering, loss, and damage they too often cause.
The law office of Gatti, Keltner, Bienvenu & Montesi represents clients in the tri-state area who have suffered injuries due to the irresponsible choices of drunk drivers or who have tragically lost a loved one in drunk driving car accidents in Memphis.
Schedule a free consultation with a car accident lawyer when you contact our office to discuss your legal action options for financial recovery.
Getting Results for DUI Accident Victims
We have the experience to get results. Whether you are facing months of lost wages, a lifetime of disability, or the wrongful death of someone you love, we work to hold drunk drivers accountable for their choices and insurance companies responsible for the benefits they owe.
Our attorneys actively represent car accident victims who sustain injuries in various types of vehicle accidents. This includes traditional passenger cars, as well as trucks, buses, motorcycles, pedestrians, and bicycles.
We have built a nearly 50-year reputation for getting results in and out of the courtroom. We are unwavering personal injury lawyers who fight on the side of the Tri-State area’s injured. If a drunk driver has caused you injury, disability, or the loss of a loved one in a fatal car accident, an experienced Memphis attorney can help you fight for your rights and hold the responsible parties accountable.
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Making Drunk Drivers Pay for the Pain They Cause
Driving under the influence of any alcohol, especially an amount that raises your blood alcohol content (BAC) above the legal limit of 0.08 percent, can impair drivers’ judgments, slow their reaction time, impede their vision, and dull their senses.
When just a moment’s distraction can lead to a catastrophic crash, you and your family have every right to hold people responsible for careless and often illegal choices that have led to serious injury or wrongful death.
Did you know:
- Each day, people drive drunk more than 300,000 times, but only about 3,200 are arrested.
- Every day in America, another 27 people die as a result of drunk driving.
- On average, two in three people will be involved in a car crash in their lifetime.
When someone is injured in a drunk driving auto accident in Memphis, it is crucial to seek legal representation.
Establishing Liability in a Drunk Driving Accident Claim
Drunk drivers aren’t the only party responsible for drunk driving car wrecks in Memphis.
Local dram shops are establishments like retail shops or restaurants that serve or sell alcohol. Dram shops can be held accountable for the victim’s injuries if they sell or serve alcohol to someone already under the influence of drugs or alcohol, and if that party then causes a collision.
Your drunk driving accident attorney will need to conduct an in-depth investigation into the cause of your truck driving accident to build a compelling case against those responsible.
Evidence to Prove Fault
The burden of proof in civil drunk driving accident claims is much different than it is in criminal court. The state’s prosecuting attorney will need to prove the drunk driver is guilty beyond a reasonable doubt if they help to obtain a criminal conviction for drunk driving.
The burden of proof for civil drunk driving accidents is based on a preponderance of evidence. This means your attorney must show that the defendant is more likely than not at fault.
Some of the more common types of relevant evidence used to prove liability in a drunk driving accident claim include:
- Police reports
- Safety inspection reports
- Accident reconstructionist reports
- Injury reconstructionist reports
- Safety locks
- Maintenance records
- Photos of the accident scene
- Photographs of any injuries
- Video footage of the accident
- Cell phone records
- Chemical blood alcohol test results
- Expert witnesses
- Eyewitness testimony
- Blackbox data
- Medical treatment and records
- Financial statements
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How do Drunk Driving Accident Claims Work?
Drunk driving accident claims can often be overwhelming. After everything you have been through, you may be hesitant to call a lawyer for help. Your attorney can handle legal details while you focus on healing.
With that in mind, you may feel empowered to pursue your case once you understand how the drunk driving accident claims legal process works. It is important to remember that each drunk driving accident claim is different. What works for one family may not work for yours.
Fortunately, our legal team will tailor our approach to your case to meet your specific needs. With that in mind, here is a basic idea of what you can expect from the drunk driving accident claims process in Memphis:
- Your attorney will open up an investigation into the cause of your accident to establish liability for the police report
- Your lawyer will go over all of the ways your life has been affected by your severe injuries to quantify your punitive damages and calculate the value of your drunk driving accident claim
- Next, we will file a personal injury lawsuit with the liable party’s insurance company and be prepared to negotiate with legal counsel for fair compensation and a reasonable settlement
- Your attorney will be ready to take serious car accident cases to court if an insurance settlement is insufficient to cover your damages, ensuring that you receive the maximum compensation for your personal injury claims.
What to Expect from the Insurance Company
Insurance companies in Tennessee may deny compensation claims to accident victims of Memphis drunk driving car accidents.
Insurance firms may dispute liability, claiming inactivity or invalidity of claims when the driver is intoxicated during the accident. Your lawyer must negotiate with the insurer, scrutinizing policy specifics to ensure accountability for financial obligations. However, keep in mind that an insurance settlement is unlikely to cover your damages in full.
Insurance settlements are based on the type and the amount of coverage purchased by the policyholder. In Tennessee, drivers must have at least $50,000 in bodily injury liability coverage and $15,000 in property damage liability coverage. If the damages exceed the limits of a driver who only purchased the minimum coverage, the remaining costs will not be covered by the insurance company.
You should also expect the insurance company to attempt to take advantage of you. Your attorney will handle the insurance company’s tactics, such as reducing your benefits, blaming you for causing the accident, or delaying the processing of your claim to save money.
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Deadlines for Drunk Driving Accident Claims
Make sure you file your civil drunk driving car collision claim in Memphis before the one-year statute of limitations expires. Tennessee law only allows for a maximum of one year to pass before this deadline.
Failure to file your claim before the statute of limitations expires means losing the chance to present your case in civil court. Safeguard how much compensation prospects are by consulting a skilled DUI accident attorney.
Contact a Drunk Driving Car Accident Lawyer in Memphis for Help Today
If injured by a drunk driver, you may have the right to claim maximum compensation. Contact our DUI injury lawyers at Gatti, Keltner, Bienvenu & Montesi for a free consultation regarding drunk driving car accidents in Memphis. We work on a contingency basis.
Schedule your no-cost, risk-free consultation today when you call our office or fill out our convenient contact form.
(901) 526-2126
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