Archive for the ‘Tennessee Dram Shop Law’ Category

Dram Shop Liability for Irresponsible Sale of Alcohol Causing Tennessee Auto Accident

Wednesday, September 1st, 2010

Drunk driving claims the lives of almost 12,000 innocent drivers and passengers per year. This amounts to over 30% of all motor vehicle fatalities. This is hardly surprising given that over 26,000 people are arrested for driving under the influence of alcohol in Tennessee each year. Alcohol related accidents typically lead to more serious injuries, which may include traumatic brain injury, paralysis and death. While most would routinely acknowledge the fault of a drunk driver for such serious injuries, many never consider that someone provides the alcohol that eventually contributes to a serious auto accident. Tennessee’s Dram Shop Law is designed to punish those who irresponsibly serve alcohol to those who are obviously intoxicated or under the age of 21. At Nahon, Saharovich & Trotz, we have been representing those seriously injured or killed by drunk drivers throughout the State of Tennessee for over 20 years.

The Tennessee Dram Shop Law is a response to the reality that one in every three accident fatalities involves a drunk driver. The Tennessee Dram Shop law imposes liability on clubs, bars and restaurants if they serve alcohol to someone who is clearly intoxicated or under 21 and that person then causes an accident. Drunken driving car accidents in Tennessee are a serious problem. In a typical year, drunk driving causes 37 percent of traffic fatalities and results in approximately 386 deaths throughout Tennessee. The Dram Shop Law is designed to prevent the tragic consequences of preventable alcohol related accidents by discouraging those who serve alcohol from contributing to Tennessee drunk driving accidents.

Tennessee’s Dram Shop Law imposes liability on a vendor of alcohol if the vendor sales or serves alcohol to someone who they know is underage or to a patron who is obviously intoxicated. The law provides for liability for injury to passengers, passengers or drivers in other vehicles, and even pedestrians. The question of whether a patron was clearly intoxicated is a fact-based inquiry that may require extensive investigation and interviewing of witnesses at the scene. At NST Law, we have been handling alcohol related auto accident cases for over 20 years and know that it is important to gather plenty of evidence to establish that the business knew that the drunk driver was clearly intoxicated. We sometimes will use expert testimony to testify regarding the signs of intoxication that would typically have been apparent based on the amount and type of alcohol consumed.

Tennessee’s Dram Shop Law is designed to protect innocent motorists from drunk drivers. It can be a valuable tool where the drunk driver does not have sufficient insurance to cover the injuries and damages suffered by the victim of a drunk driving accident. Given the serious injuries that frequently result from drunk driving accidents, a drunk driving victim may face enormous financial costs in terms of medical and rehabilitative expenses not to mention compensation for pain and suffering. The Tennessee car accident attorneys of Nahon, Saharovich & Trotz will carefully investigate so that any action is pursued against all potential responsible parties. Strict time limits apply under the statute of limitations which governs when an action for injuries from a drunk driving accident must be initiated so it is important that you seek immediate legal advise. At NST Law, we have been handling serious motor vehicle accident cases throughout the State of Tennessee for over 20 years. NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country. Nahon, Saharovich & Trotz is the largest plaintiff’s law firm in Tennessee that helps injured people recover compensation due to someone else’s negligence.