Serving DUI Crash Victims Across the Upper Cumberland Since 1982
When a drunk driver injures you or someone you love, the legal path forward is more complicated than a typical collision claim. A criminal case against the driver and a civil claim by the victim run simultaneously, and the outcome of one can shape the other. Law Offices of Galligan & Newman has handled both personal injury and criminal defense matters since 1982, giving us direct experience with how these parallel proceedings interact and what that means for our clients’ recovery.
We’ve represented Warren County residents for more than 40 years. Our attorneys bring over 100 years of combined legal experience and are admitted to practice before the U.S. Court of Appeals for the Sixth Circuit and the U.S. Supreme Court. When negotiation doesn’t produce fair compensation, we’re prepared to take your case to trial.
What Insurance Companies Do After a DUI Crash
Insurers representing at-fault drunk drivers routinely offer low initial settlements and look for any reason to minimize a claim. Victims who communicate directly with those insurers before retaining an attorney risk making statements that can be used to reduce their recovery. Our role is to handle that communication, evaluate what your claim may be worth, and pursue compensation without letting the insurance company control the process.
If you were injured in a drunk driving crash in Warren County or the surrounding region, don’t accept an early settlement offer before speaking with us. Call (931) 473-8405 to discuss your situation.
Reach Out to Law Offices of Galligan & Newman
We welcome contact from injured parties and their families throughout Warren County, McMinnville, and the broader Upper Cumberland region. We’ve served this community since 1982 and can help you understand your options after a drunk driving accident.
Tennessee Law & Your Civil Claim After a Drunk Driving Accident
Tennessee is an at-fault state, which means the driver who caused your crash and their insurer are responsible for your damages. To establish civil liability, a victim must show the driver owed a duty of care, breached it, caused the accident, and caused actual harm. Under Tenn. Code Ann. § 55-10-401, the legal blood alcohol limit is 0.08%, but a driver can also be held civilly liable for impairment caused by drugs or a combination of substances.
A DUI arrest or criminal conviction is strong evidence of negligence in a civil claim. Critically, a civil case can proceed and succeed even if the driver is never criminally charged or convicted. The standards of proof differ, and your civil rights aren’t contingent on the criminal outcome.
Damages You May Be Able to Recover
Compensatory damages in a Tennessee drunk driving civil claim can include:
Medical expenses: Past treatment costs and projected future care
Lost wages and earning capacity: Income lost during recovery and any long-term effect on your ability to work
Property damage: Repair or replacement of your vehicle
Pain and suffering: Physical pain and emotional trauma resulting from the crash
Tennessee law also permits punitive damages in drunk driving cases. These go beyond compensation and are intended to punish genuinely reckless conduct. Recovering them requires clear and convincing evidence of recklessness, a threshold courts take seriously.
The Filing Deadline You Can’t Miss
Under Tenn. Code Ann. § 28-3-104, the statute of limitations for personal injury claims in Tennessee is one year from the date of injury. In drunk driving cases where criminal charges are filed against the at-fault driver, that deadline may extend to two years under § 28-3-104(a)(2), though that extension isn’t automatic and specific conditions must be met. Missing the applicable deadline can bar recovery entirely, regardless of how strong your case is. Contact an attorney as early as possible after a crash.
Steps to Protect Your Health & Your Claim
What you do in the hours and days after a crash directly affects your ability to recover compensation. These steps matter:
Seek medical attention immediately. Some injuries don’t show symptoms for days. Documented care creates a medical record that supports your civil claim.
Call law enforcement. Make sure a formal police report is filed and that any signs of impairment and BAC test results are reflected in the report.
Preserve evidence. Photograph the scene, vehicle damage, and your injuries. Collect witness names and contact information. Note any nearby cameras that may have captured the crash.
Obtain a copy of the accident report. Review it carefully, particularly whether the driver’s intoxication is documented.
Contact an attorney before talking to the insurer. Early statements to the at-fault driver’s insurance company can be used against you later.
Dram Shop Liability in Tennessee Drunk Driving Cases
In some crashes, the drunk driver isn’t the only party who can be held responsible. Tennessee’s Dram Shop Law, Tenn. Code Ann. § 57-10-102, allows a crash victim to pursue compensation from a bar, restaurant, or other commercial alcohol vendor if that vendor sold alcohol to a visibly intoxicated person or a known minor and that sale directly caused the victim’s injury.
These claims are harder to prove than a standard negligence claim. Tennessee law requires a 12-person jury to find, beyond a reasonable doubt, that the sale of alcohol was a proximate cause of the injury. That standard, typically reserved for criminal cases, makes dram shop claims demanding. A dram shop claim is separate from the civil claim against the driver, and both can be pursued at the same time.
Evidence in Dram Shop Cases Is Time-Sensitive
Surveillance footage, bar receipts, and server recollections can disappear quickly. The same one-year statute of limitations that governs personal injury claims generally applies to dram shop claims, with a possible two-year extension if criminal charges are filed. Early legal involvement can make the difference between securing that evidence and losing it.
Tennessee’s dram shop statute applies to commercial sellers. Social host liability, which covers private individuals who serve alcohol, operates under different and narrower rules and generally applies only when minors are involved.
Related Claims That May Arise After a Fatal or Serious DUI Crash
When a drunk driving accident results in a fatality, Tennessee law under Tenn. Code Ann. § 20-5-106 allows the deceased’s closest survivors to pursue a wrongful death claim. These cases seek compensation for the loss itself, not only the direct costs. We handle wrongful death claims alongside personal injury matters, so families who have lost someone to a drunk driver don’t need to look elsewhere for that representation.
Our motor vehicle accident practice also covers motorcycle accidents and rideshare accidents. We serve clients throughout Warren County, McMinnville, and the surrounding counties, including White, Van Buren, Grundy, Putnam, and DeKalb. If your situation involves overlapping claims, we can address them together.
If you or a family member was injured or killed by a drunk driver, call Law Offices of Galligan & Newman at (931) 473-8405. We’ve been part of this community since 1982 and can help.
