Drunk Driving AccidentUpdated March 2026

Hit by a Drunk Driver in Nashville?

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Key Takeaways

  • Call 911 immediately and tell dispatch you believe the other driver is intoxicated — this ensures police arrive prepared to conduct sobriety tests and creates an official record of impairment.
  • Tennessee's statute of limitations is 1 year from the accident date (Tenn. Code § 28-3-104), but it extends to 2 years if criminal DUI charges are filed against the driver.
  • Tennessee's modified comparative negligence rule (Tenn. Code § 29-11-103) means if you are found 50% or more at fault you recover nothing — though in drunk driving cases, the intoxicated driver typically bears the overwhelming majority of fault.
  • One in three fatal crashes in Tennessee involved a DUI in 2023, and Nashville's Lower Broadway nightlife district, along with heavy rideshare and party vehicle traffic, contributes to a significant drunk driving problem in Davidson County.
  • Do not accept a quick settlement — a DUI arrest creates powerful evidence of negligence, and drunk driving cases may qualify for uncapped punitive damages under Tenn. Code § 29-39-104 when the defendant was intoxicated.
  • Most Nashville personal injury attorneys offer free consultations and work on contingency, and they can investigate dram shop liability (Tenn. Code § 57-10-101) against bars that served the visibly intoxicated driver.
1

Call 911 and get medical help

If you've been hit by a drunk driver, call 911 immediately. Report that you believe the other driver is intoxicated. This is critical — it ensures police arrive prepared to conduct field sobriety tests and a breathalyzer, and it creates an official record of the driver's impairment.

Get emergency medical help for yourself and anyone else injured. Drunk driving crashes tend to produce severe injuries because impaired drivers often travel at high speeds, fail to brake, and make no attempt to avoid the collision.

2

Stay at the scene and cooperate with police

The responding MNPD officers or Tennessee Highway Patrol troopers will investigate the crash, administer sobriety tests to the suspected drunk driver, and generate an official crash report. Your cooperation with the investigation is important.

Tell the officers everything you observed: the other driver's behavior before the crash, the smell of alcohol, slurred speech, erratic driving, anything relevant. If you noticed the other driver leaving a bar, restaurant, or event venue, tell the officers — this information may be relevant to a dram shop liability claim.

Do not confront the drunk driver. Do not apologize or admit any fault. Let the police handle the investigation.

3

Document everything

Photograph the scene: all vehicles, damage, road conditions, the driver's vehicle (including any open containers visible), skid marks or lack of them, and your injuries. Get witness names and phone numbers.

If you noticed where the drunk driver came from — a bar on Broadway, a restaurant, a house party — write that down. This information may support a claim against the establishment that served them.

4

Get medical care — even if you feel okay

See a doctor within 24 hours. Drunk driving crashes often involve high-speed impacts that cause traumatic brain injuries, spinal injuries, internal bleeding, and other serious conditions that may not produce immediate symptoms.

Vanderbilt University Medical Center (Level I trauma center) handles the most severe crash injuries in Nashville. TriStar Skyline Medical Center (Level II trauma center), TriStar Centennial, and Saint Thomas Midtown are additional options.

Document every medical visit, treatment, prescription, and missed day of work.

5

Understand that you may have multiple claims

When a drunk driver causes an accident, you may have claims against multiple parties:

The drunk driver: A direct negligence claim (and potentially a claim for punitive damages, since drunk driving demonstrates reckless disregard for safety). The driver's insurance: Tennessee requires minimum 25/50/25 liability coverage. However, the driver's policy limits may not fully cover your damages, especially for serious injuries.

A bar, restaurant, or liquor store (dram shop liability): Under Tennessee's dram shop statute (Tenn. Code § 57-10-101 & § 57-10-102), an establishment that sold alcohol to the driver may be liable if they sold alcohol to someone they knew was under 21, or they sold alcohol to a visibly intoxicated person and that consumption was the proximate cause of the crash. Important caveat: Tennessee requires the claimant to prove causation "beyond a reasonable doubt" — the same standard used in criminal cases.

Your own insurance: If the drunk driver is uninsured or underinsured (which is common — impaired drivers are more likely to be uninsured), your UM/UIM coverage becomes essential.

6

Do NOT settle quickly

The at-fault driver's insurance company may try to settle your claim quickly and cheaply. Do not accept a fast settlement, especially in a drunk driving case. These crashes often cause severe injuries with long-term consequences — you need to understand the full extent of your medical needs before settling.

A DUI arrest creates powerful evidence of negligence, which means your claim is likely strong. Don't let the insurance company pressure you into accepting less than your case is worth.

7

Know that the criminal case and your civil case are separate

The drunk driver will face criminal DUI charges through the Davidson County Criminal Court system. The Davidson County District Attorney's DUI/Vehicular Crimes Unit handles these prosecutions aggressively.

Your civil injury claim is a separate proceeding. The criminal case can help your civil case — a DUI conviction is strong evidence of negligence, and if the driver is convicted, the statute of limitations for your civil claim extends to two years rather than one (Tenn. Code § 28-3-104(a)(2)).

However, even if the criminal case results in a plea deal or dismissal, you can still pursue your civil claim. The standard of proof is lower in civil cases (preponderance of the evidence) than in criminal cases (beyond a reasonable doubt).

8

Talk to a personal injury attorney

Drunk driving accident cases involve multiple potential defendants, punitive damages arguments, dram shop liability analysis, and complex insurance coverage questions. An experienced attorney can investigate whether a bar or restaurant served the driver while visibly intoxicated, pursue punitive damages to fully hold the drunk driver accountable, navigate the criminal case timeline to strengthen your civil claim, identify all available insurance coverage, and handle all communication with insurers and defense attorneys.

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

Nashville Drunk Driving Accident Facts

1 in 3

fatal crashes in Tennessee involved a DUI in 2023

Tennessee Department of Safety & Homeland Security

1 Year

statute of limitations for personal injury claims — extends to 2 years if criminal charges are filed

Tenn. Code § 28-3-104

Beyond a Reasonable Doubt

Tennessee's extraordinarily high standard of proof for dram shop liability claims

Tenn. Code § 57-10-101

Nashville's drunk driving problem

Nashville's vibrant entertainment scene — centered on Lower Broadway's honky tonks, the Gulch, Midtown, and East Nashville's bars and restaurants — contributes to a significant drunk driving problem. The city attracts millions of tourists annually, many of whom visit specifically for the bar and nightlife scene. Bachelorette parties, live music, and the party vehicle culture (pedal taverns, party buses, and transportainment vehicles) on Broadway create an environment where alcohol consumption and driving intersect. The MNPD maintains a dedicated DUI Unit that conducts sobriety checkpoints and proactive enforcement, particularly on weekends and around major events at Nissan Stadium, Bridgestone Arena, and the Ryman Auditorium. Despite enforcement efforts, impaired driving remains a leading factor in Nashville's traffic fatalities. Statewide, one in three fatal crashes involved a DUI in 2023.

Punitive damages in drunk driving cases

Tennessee law allows punitive damages in cases involving drunk drivers. Punitive damages are designed to punish the wrongdoer and deter similar conduct, not just compensate the victim. Punitive damages are normally capped at the greater of 2x compensatory damages or $500,000 (Tenn. Code § 29-39-104). However, there is a critical exception: if the defendant was under the influence of drugs or alcohol at the time of the wrongful conduct, the cap is removed. This means drunk driving cases are among the few Tennessee personal injury cases where punitive damages can be uncapped. Punitive damages require clear and convincing evidence and a bifurcated trial (liability is decided first, then punitive damages). A DUI arrest, failed breathalyzer, or blood test showing impairment provides strong evidence to support a punitive damages claim.

Tennessee's dram shop law explained

Tennessee's dram shop statute (Tenn. Code § 57-10-101 & § 57-10-102) creates potential liability for bars, restaurants, and liquor stores that serve alcohol irresponsibly. However, Tennessee's version is more restrictive than many other states. The general rule in Tennessee is that the consumption, not the furnishing, of alcohol is the proximate cause of injury. Liability for the establishment exists only when the seller sold alcohol to someone they knew was under 21, or the seller sold to a visibly intoxicated person and that consumption was the proximate cause of injury. The critical challenge: Tennessee requires the claimant to prove the causation element "beyond a reasonable doubt" — a standard normally reserved for criminal prosecutions. This is one of the highest burdens of proof for dram shop claims in the country. Strong evidence — eyewitness testimony of visible intoxication, surveillance footage, server testimony, and transaction records — is essential. Tennessee does not have a true social host liability statute. Liability for social hosts is very limited and generally only exists in narrow circumstances involving service to minors.

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Drunk Driving Accident FAQ — Nashville & Tennessee

Yes. You can file a civil personal injury lawsuit against the drunk driver to recover compensation for your injuries, regardless of whether they face criminal charges. The civil case is separate from the criminal case and has a lower burden of proof.

Potentially. Under Tennessee's dram shop statute (Tenn. Code § 57-10-101), a bar or restaurant can be liable if they served alcohol to someone who was visibly intoxicated or known to be under 21. However, Tennessee requires the "beyond a reasonable doubt" standard of proof for the causation element, making these claims very difficult.

Punitive damages are additional damages awarded to punish particularly reckless behavior. In drunk driving cases, the usual cap (2x compensatory damages or $500,000) is removed — meaning punitive damages can be unlimited. This makes drunk driving cases one of the few categories in Tennessee where uncapped punitive damages are available.

One year from the date of the accident (Tenn. Code § 28-3-104). If criminal charges are filed against the drunk driver, the deadline extends to two years. Given the complexity of these cases, consult an attorney as soon as possible.

About 1 in 5 Tennessee drivers is uninsured, and impaired drivers are more likely to lack coverage. Your own uninsured motorist (UM) coverage is your primary path to compensation. If you also have a viable dram shop claim against a bar or restaurant, their commercial liability insurance may provide additional coverage.

Yes. A DUI conviction is powerful evidence of negligence and can support your claim for punitive damages. However, you don't need to wait for a conviction to file your civil case — and you can still pursue your claim even if the criminal case results in a plea or dismissal.

Medical expenses, lost wages, pain and suffering, future medical costs, reduced earning capacity, loss of enjoyment of life, and potentially uncapped punitive damages. Tennessee caps non-economic damages at $750,000 ($1M for catastrophic injuries), but the punitive damages exception for intoxicated defendants removes the punitive damages cap.

Tennessee follows a modified comparative negligence rule with a strict 50% bar (Tenn. Code § 29-11-103). If you are found 50% or more at fault, you recover nothing. If you are less than 50% at fault, your recovery is reduced by your percentage of fault. In drunk driving cases, the intoxicated driver typically bears the overwhelming majority of fault, but insurers may still try to shift some blame to you.

You can still file a claim against the drunk driver. As a passenger, you bear no fault for the driver's decision to drive impaired. You may recover full compensation for your injuries from the driver's insurance, and your own UM coverage may also apply.

Related Guides in Nashville

Car Accident in Nashville
Hit-and-Run in Nashville
Wrongful Death in Nashville
View all injury guides for Nashville, 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 situation 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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