Drunk Driving AccidentUpdated March 2026

Injured by a Drunk Driver in Memphis?

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Key Takeaways

  • After being hit by a drunk driver in Memphis, call 911 immediately and tell the dispatcher you suspect impairment — a DUI arrest and BAC reading are powerful evidence in your civil injury claim.
  • Tennessee has a 1-year statute of limitations for personal injury claims (Tenn. Code Ann. § 28-3-104), and you should not wait for the criminal DUI case to conclude before pursuing your separate civil claim for compensation.
  • Tennessee's modified comparative fault rule with a 50% bar (Tenn. Code Ann. § 29-11-103) still applies, but drunk driving cases also qualify for punitive damages with no statutory cap in most personal injury cases — these damages are designed to punish reckless conduct.
  • Approximately one in three fatal crashes in Tennessee involve impaired driving, and Shelby County is consistently one of the highest-volume counties for DUI-related incidents, with Beale Street and surrounding nightlife areas creating elevated late-night impaired driving risk.
  • You may also have a claim against the bar or restaurant that served the drunk driver under the Tennessee Dram Shop Act (Tenn. Code Ann. § 57-10-102), which provides an additional source of insurance coverage if the establishment served someone who was obviously intoxicated.
  • Most personal injury attorneys offer free consultations and work on contingency, and DUI injury cases often result in higher total compensation than typical car accidents due to punitive damages and potential dram shop claims.
1

Call 911 and report the impaired driver

If you suspect the other driver is drunk or impaired, tell the 911 dispatcher. Law enforcement will conduct field sobriety tests and may administer a breathalyzer or blood test. A DUI arrest and blood alcohol content (BAC) reading are powerful evidence in your civil injury claim.

Tennessee's legal BAC limit is 0.08% for adult drivers and 0.02% for drivers under 21. Commercial vehicle drivers have a limit of 0.04%. Any BAC above these limits is per se evidence of impairment.

2

Get emergency medical treatment

Drunk driving collisions often occur at high speeds with no braking — the impaired driver may not even realize the crash is about to happen. This results in more severe injuries: traumatic brain injuries, spinal cord damage, internal organ damage, and multiple fractures.

Get emergency medical treatment immediately. In Memphis, Regional One Health is the Level I adult trauma center for the most critical injuries. Baptist Memorial Hospital, Methodist Le Bonheur Healthcare, St. Francis Hospital, and Le Bonheur Children's Hospital (for injured children) also serve the metro area.

Follow all treatment plans and attend every appointment. Continuous medical documentation is essential for proving the full scope of your injuries.

3

Document the scene thoroughly

Photograph everything: all vehicles, the road conditions, traffic signals, debris, skid marks (or lack thereof — the absence of skid marks can indicate the drunk driver never braked), and your visible injuries. Note the time and location.

If the other driver is being arrested for DUI at the scene, document that as well — a photo or description of the field sobriety test, the arrest, or the presence of alcohol containers in the vehicle can be useful.

Collect witness names and phone numbers. Write down your account of the accident while it's fresh.

4

Understand the criminal case vs. your civil claim

The drunk driver will likely face criminal DUI charges. Your personal injury claim is separate and runs on a parallel track. The criminal case is the State of Tennessee vs. the driver — it seeks fines, jail time, and license suspension. Your civil case is you vs. the driver (and potentially others) — it seeks monetary compensation for your injuries.

A DUI conviction in the criminal case can be used as evidence in your civil case, but you don't need to wait for the criminal case to conclude before pursuing your claim. In fact, given Tennessee's 1-year statute of limitations, waiting for the criminal case could put your civil claim at risk.

5

Know your right to punitive damages

Tennessee allows punitive damages in personal injury cases involving intentional, fraudulent, malicious, or reckless conduct — and driving drunk qualifies. Punitive damages go beyond compensating you for your injuries; they are designed to punish the wrongdoer and deter similar behavior.

Tennessee does not have a statutory cap on punitive damages in most personal injury cases, but punitive damages must be proven by clear and convincing evidence (a higher standard than the typical preponderance of evidence). A DUI arrest and conviction are strong evidence supporting a punitive damages claim.

6

Investigate dram shop liability

Under the Tennessee Dram Shop Act (Tenn. Code Ann. § 57-10-102), you may be able to sue a bar, restaurant, or other business that sold alcohol to the drunk driver if they served the driver when the driver was obviously intoxicated, or if they served a minor (under 21). This provides an additional source of compensation beyond the driver's personal insurance.

Beale Street, Midtown, Downtown, Cooper-Young, and other entertainment districts in Memphis have high concentrations of bars and restaurants where overservice of alcohol can occur. If the drunk driver who hit you had been drinking at a bar or restaurant before the crash, your attorney can investigate whether the establishment bears liability.

Dram shop claims require proving the establishment served the driver while they were visibly intoxicated. Evidence can include surveillance footage, receipts, credit card records, bartender and server testimony, and witness statements from others who were at the establishment.

7

Know Tennessee's 1-year statute of limitations

Under Tenn. Code Ann. § 28-3-104, you have only one year from the date of the accident to file your civil personal injury lawsuit. If criminal charges are filed against the drunk driver, the deadline may extend to two years (Tenn. Code Ann. § 28-3-104(a)(2)), but you should not rely on this extension without consulting an attorney.

8

Consult an attorney experienced in DUI injury cases

Drunk driving injury cases have unique opportunities — punitive damages, dram shop claims, and strong evidence of negligence — that can significantly increase the value of your case compared to a typical car accident. An experienced attorney will pursue all avenues of recovery, handle communication with the insurance company and the driver's criminal defense team, and ensure your civil claim is filed within the deadline.

Most personal injury attorneys offer free consultations and work on contingency.

Memphis Drunk Driving Accident Facts

1 Year

statute of limitations for personal injury claims in Tennessee (may extend to 2 years if criminal charges are filed)

Tenn. Code Ann. § 28-3-104

Punitive Damages

available in Tennessee for drunk driving accidents — no statutory cap in most PI cases

Tenn. Code Ann. § 29-39-104

Dram Shop Act

bars and restaurants that overserve an obviously intoxicated person can be held liable for resulting injuries

Tenn. Code Ann. § 57-10-102

1 in 3

approximately one in three fatal crashes in Tennessee involve impaired driving

Tennessee Department of Safety data

Drunk driving in Memphis: the scope of the problem

Alcohol-impaired driving remains a leading cause of serious and fatal crashes in the Memphis area. Tennessee data shows that roughly one in three fatal crashes statewide involve impaired driving, and Shelby County is consistently one of the highest-volume counties for DUI-related incidents. Memphis's vibrant nightlife — concentrated on Beale Street, in Midtown, Cooper-Young, and Overton Square — contributes to late-night impaired driving on surrounding roads. High-risk periods include late Friday and Saturday nights, holiday weekends, and major events. I-240, I-40, Poplar Avenue, Union Avenue, and Sam Cooper Boulevard are corridors that frequently see DUI-related crashes during these periods.

The dram shop claim: holding bars accountable

The Tennessee Dram Shop Act (Tenn. Code Ann. § 57-10-102) creates liability for businesses that sell alcohol to someone who is obviously intoxicated, or to a minor, when that person then causes injury. This is significant because it provides an additional source of insurance coverage — the bar or restaurant's commercial liability policy — which can mean substantially more compensation, especially if the driver had minimal personal insurance. Building a dram shop case requires acting quickly. Surveillance footage from the establishment may be overwritten within days. Receipts and credit card records need to be preserved. Bartender and server statements are most useful when taken early. Your attorney can send preservation letters and begin the investigation immediately.

Criminal DUI penalties in Tennessee

Tennessee classifies DUI as a serious criminal offense. A first-offense DUI carries 48 hours to 11 months and 29 days in jail, fines of $350 to $1,500, and a one-year license revocation. Penalties increase significantly for repeat offenses and for crashes involving injury or death. Vehicular assault (DUI causing serious bodily injury) is a Class D felony, and vehicular homicide (DUI causing death) is a Class B felony carrying 8 to 30 years in prison. While the criminal penalties are the State's concern, a DUI conviction provides strong evidence for your civil claim and can support a punitive damages award.

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Drunk Driving Accident FAQ — Memphis & Tennessee

Yes. You can file a civil personal injury lawsuit against the drunk driver, separate from any criminal charges they face. You don't need a criminal conviction to pursue a civil claim.

Punitive damages are additional compensation designed to punish particularly reckless behavior and deter others. Drunk driving qualifies as reckless conduct under Tennessee law. There is no statutory cap on punitive damages in most Tennessee personal injury cases.

Potentially, under the Tennessee Dram Shop Act (Tenn. Code Ann. § 57-10-102), if the bar served the driver while they were obviously intoxicated or served a minor. Your attorney will investigate the driver's drinking history on the night of the crash.

You have one year from the accident (Tenn. Code Ann. § 28-3-104). If criminal charges are filed, it may extend to two years, but don't rely on this without consulting an attorney.

You may recover through your own uninsured/underinsured motorist (UM/UIM) coverage. If a bar or restaurant is liable under the dram shop act, their commercial liability policy provides another source of recovery.

A DUI conviction is strong evidence of negligence in your civil case. However, the civil and criminal cases operate independently. You don't need to wait for the criminal case to resolve before filing your civil claim.

Medical expenses, lost wages, pain and suffering, permanent disability, emotional distress, loss of enjoyment of life, and punitive damages. Drunk driving cases often result in higher total compensation than other car accident claims because of the availability of punitive damages and potential dram shop claims.

You can still file a claim against the drunk driver. Being a voluntary passenger may be raised as a comparative fault argument, but it does not automatically bar your claim. If you didn't know the driver was intoxicated, it shouldn't significantly affect your recovery.

You can file a claim against the deceased driver's estate and their insurance policy. The estate may have assets available, and the driver's auto insurance policy remains in effect.

Related Guides in Memphis

Car Accident in Memphis
Hit-and-Run in Memphis
Wrongful Death in Memphis
View all injury guides for Memphis, TN →

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InjuryNextSteps.com provides general informational content and is not a law firm. The information on this page does not constitute legal advice and should not be relied upon as such. Every accident is different. Contacting us does not create an attorney-client relationship. If you need legal advice, consult a licensed attorney in your jurisdiction. The legal information on this page references Tennessee statutes and is current as of 2026 but may change. Always verify with a qualified attorney.

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