You did everything right. You wore your seatbelt, you drove the speed limit, and you were just trying to get home to your family for the holidays. Then, in a split second, a driver who made the reckless choice to get behind the wheel while impaired changed everything.
If you or someone you love was hit by a drunk or drugged driver around Christmas or New Year’s, you are likely facing a chaotic mix of physical pain, anger, and confusion. Suddenly, you are navigating two different legal worlds—criminal and civil—while trying to recover.
Here is a guide to what happens next, how Tennessee law protects victims of impaired drivers, and why you need to act quickly.
The Reality: Tennessee’s Holiday DUI Crisis
Before diving into the legal process, it is important to understand you are not alone—and the risk is real.
As reported by WKRN News 2, new data from Forbes Advisor ranks Tennessee as the 12th most dangerous state in the nation for drunk driving.
Video: WKRN News 2 reports on the alarming rise of impaired driving in Tennessee.
According to the National Highway Traffic Safety Administration (NHTSA), fatal crashes involving alcohol spike by nearly 40% during the Christmas and New Year’s period compared to the rest of the year.
The Two Legal Tracks: Criminal vs. Civil
When a drunk or drugged driver causes a crash, two separate legal cases usually begin. It is crucial to understand the difference because they have different goals.
1. The Criminal Case (Punishment)
- Who brings the case: The State of Tennessee (the District Attorney).
- The Goal: To punish the driver for breaking the law.
- The Outcome: Fines, license suspension, jail time, or probation.
- What it does for you: While it provides justice, the criminal court’s job is not to get you money for your medical bills or lost wages.
2. The Civil Injury Claim (Compensation)
- Who brings the case: You (and your personal injury attorney).
- The Goal: To make you “whole” financially and physically.
- The Outcome: A financial settlement or verdict to pay for your losses.
- What it does for you: This covers your medical bills, lost income, pain and suffering, and property damage.
Crucial Note: You do not have to wait for the criminal case to finish before starting your civil claim. In fact, waiting can hurt your case.
Unique Factors in Tennessee DUI Injury Cases
Impaired driving cases are not like standard fender-benders. In Tennessee, the law provides specific tools to help victims of drunk drivers.
“Punitive Damages” May Apply
In a standard car accident, you are entitled to “compensatory damages” (bills, pain, lost wages). However, because drunk driving is considered reckless and malicious, Tennessee law may allow you to seek Punitive Damages.
- These are designed specifically to punish the wrongdoer and deter them from doing it again.
- This can significantly increase the value of your potential settlement.
The Evidence Is More Complex
To prove the driver was impaired, we often need to secure evidence that disappears quickly:
- Body Cam Footage: Video from the arresting officer showing slurred speech or failed sobriety tests.
- Toxicology Reports: Blood alcohol content (BAC) or drug panel results.
- 911 Calls: Recordings of other drivers reporting the vehicle weaving prior to the crash.
- Receipts: Credit card records showing the driver was served alcohol at a bar or restaurant prior to the wreck (which could lead to a Dram Shop case against the bar).
Why the Holidays Make These Cases Harder
If your crash happens in late December, you face logistical hurdles:
- Delayed Reports: With police administrative offices closed for holidays, getting the official crash report can take longer.
- Lost Video: Businesses often overwrite security camera footage every 48 to 72 hours. If a store manager is away on holiday vacation, that footage could be deleted before they return.
- Insurance Pressure: Adjusters know you want money for holiday gifts or bills. They may offer a quick check to “make this go away.” Never sign this without a lawyer.
6 Steps to Take Immediately
- Get Medical Care Now: Do not wait until “after the holidays.” A gap in treatment gives the insurance company an excuse to deny your claim.
- Save the Evidence: Take photos of the scene, the other driver’s car, and any visible injuries. Write down witness names.
- Silence is Golden: Report the crash to your insurance, but do not give a recorded statement to the other driver’s insurance company. They are looking for ways to blame you.
- Track Your “Holiday Loss”: Keep a journal. Did you miss your child’s school play? Did you have to cancel a trip? Did you spend Christmas in pain? This is part of your “Pain and Suffering” claim.
- Check Your Own Policy: If the drunk driver was uninsured (which is common), we may need to access your Uninsured Motorist (UM) coverage.
- Call a Lawyer: Because criminal evidence is involved, you need a team that knows how to interface with the District Attorney’s office to get the documents we need.
We Are Here to Help
If you were hit by a drunk or drugged driver over the holidays, you are the victim of a crime and a civil wrong. You don’t have to navigate the aftermath on your own.
Our team at Stillman & Friedland helps crash victims hold impaired drivers accountable. We will handle the investigation and the insurance companies so you can focus on healing.
Call 615-244-2111 or reach out through our online contact form. We’ll listen, explain your options, and help you decide on your next steps.
Because we care,
Stillman & Friedland
