Memphis Drunk Driving Accident Attorney

35 Years Fighting for Drunk Driving Victims in Memphis

When a drunk driver hits you, the last thing you should have to do is fight an insurance company for the compensation you’re owed. Yet that’s exactly what insurers routinely put victims through: looking for any reason to deny or minimize a payout. At Donati Law, PLLC, we push back. Our Memphis personal injury attorneys have more than 35 years of experience standing between injured clients and the insurers that try to shortchange them.

If a drunk driver caused your injuries, we’re prepared to handle everything: the insurance fight, the liability questions, and the full calculation of what you’re owed, so you can focus on getting better.

Call (901) 209-5500 or contact us online. We serve clients in English and Spanish.

Your Rights After a Drunk Driving Accident

Understanding your rights from the moment of the crash can make a real difference in your case. Here’s what victims should know:

• Right to Medical Attention: Seek care immediately, even if injuries seem minor at the scene. Some of the most serious injuries, including internal trauma and traumatic brain injuries, aren’t obvious right away.
• Right to Document the Accident: Photographs, witness statements, and the police report all strengthen your claim. Gather what you can while the scene is fresh.
• Right to File a Claim: You can pursue compensation for medical expenses, lost wages, and pain and suffering caused by the crash.
• Right to Legal Representation: You’re entitled to have an attorney in your corner, advocating for your interests at every stage of the process.
• Right to Case Updates: You should know where your case stands. We keep clients informed as things develop.

Common Injuries in Memphis Drunk Driving Accidents

Drunk driving crashes often happen at speed and without warning, which means the injuries tend to be severe. The physical and psychological toll directly shapes the value of a compensation claim, which is why we account for the full range of harm when building your case.

Injuries we regularly see in these cases include:

• Traumatic Brain Injuries: Often life-altering, these injuries can require extensive long-term medical management and rehabilitation.
• Spinal Cord Injuries: Damage to the spine may result in permanent or partial paralysis and lasting nerve damage.
• Broken Bones and Fractures: Fractures can cause chronic pain and may require surgery to correct.
• Internal Injuries: These can be life-threatening and frequently demand immediate surgical intervention.
• Soft Tissue Injuries: Damage to the neck, back, or shoulder can limit range of motion and lead to ongoing pain.
• Psychological Injuries: Post-traumatic stress and other emotional harms are recognized compensable damages after a serious crash.

What Compensation Can You Recover?

One of the first questions clients ask is how much they can recover and what exactly the drunk driver owes them. We handle those answers. We identify every damage you’ve suffered, evaluate all relevant insurance policies held by the at-fault driver, and calculate the full amount of compensation sought. In cases involving impaired driving, courts may also consider punitive damages given the willful and reckless nature of the conduct, though these aren’t guaranteed in every case.

Recoverable damages can include:

• All past and future medical treatment costs related to your injuries.
• Lost wages and reduced future earning capacity caused by your injuries.
• Vehicle repair or total replacement costs.
• Pain, suffering, and emotional hardship.

Who Is Responsible for Your Crash?

The drunk driver bears obvious responsibility, and filing a claim against their auto insurance is typically the starting point. But depending on how the crash came about, other parties may share liability.

Tennessee’s Dram Shop Law

Under Tenn. Code Ann. § 57-10-102, Tennessee allows injured victims to pursue a claim against a vendor that sold alcohol to the driver before the crash, but only in two circumstances: the vendor sold alcohol to someone it knew was under 21, or the vendor sold alcohol to someone who was visibly intoxicated at the time of the sale. The law is deliberately narrow.

Vendors that may be covered include:

• Restaurants
• Bars
• Convenience stores
• Hotels
• Specialty liquor shops

Tennessee’s Comparative Fault Rule

Tennessee follows a modified comparative fault rule. If you share some responsibility for the crash, your compensation is reduced by your assigned percentage of fault. A victim found 50% or more at fault can’t recover anything; a victim found less than 50% at fault recovers, but the award is reduced proportionally.

Tennessee’s Filing Deadline for Drunk Driving Claims

Tennessee imposes one of the shortest personal injury filing deadlines in the country. Under Tenn. Code Ann. § 28-3-104(a)(1), most victims have just one year from the date of the accident to file a lawsuit. Miss that window, and the claim is barred.

There is one important exception. When criminal charges are actually filed against the person alleged to have caused the injury, Tenn. Code Ann. § 28-3-104(a)(2) extends the deadline to two years from the date the cause of action accrued. This extension isn’t automatic. It applies only when a criminal prosecution is pursued.

Opening an insurance claim doesn’t pause the statute of limitations. Only filing a lawsuit with the court stops the clock. In the meantime, evidence disappears: witnesses’ memories fade, surveillance footage gets overwritten, and physical evidence vanishes. If you were hurt by a drunk driver in Memphis or the Mid-South, consulting an attorney promptly protects both your legal deadline and the evidence your case depends on.