Have you been involved in a car accident involving a drunk driver? Contact the drunk driving accident lawyers at Mama Justice to get the maximum compensation available for your claim.

Quick answer: If you were hurt by a drunk driver in Memphis, Tennessee generally gives you one year from the crash date to file a lawsuit (Tenn. Code § 28-3-104). You do not need to wait for a conviction. A Memphis drunk driving accident lawyer at Mama Justice can pursue the driver and others responsible. Call 24/7 for a free consultation.

Written by the Mama Justice legal team · Legally reviewed by Missy Wigginton, Founding Attorney (“Mama Justice”)

Last reviewed: October 1, 2026

Drunk driving is a choice and a dangerous one at that because it often leads to accidents that can cause severe injuries and death, leaving victims and their loved ones traumatized. Accidents caused by drunk drivers can be very costly, both emotionally and financially. However, suing the drunk driver can help you recover the losses you have suffered. Our experienced Memphis drunk driving accident lawyers at Mama Justice will fight to help you get compensation for your injuries and losses.

Can I File a Lawsuit After a Memphis DUI Accident?

Yes. After a drunk driving crash, you can file a civil lawsuit to recover compensation for your medical bills, lost wages, and pain and suffering. A civil case is separate from any criminal charges against the driver, and it is about getting you the support you need to recover.

What Is a Memphis DUI Accident Claim?

Car accidents involving intoxicated drivers are incredibly tragic because they are easily avoidable. If you were hurt in any kind of crash, see our Memphis car accident lawyer page. Thus, drunk driving accident victims have the right to file accident claims against the intoxicated driver. Victims can file car accident lawsuits against the perpetrators and recover compensation for the various expenses they have to bear.

How Does Alcohol Affect a Person’s Ability to Drive?

Drunk drinking is dangerous because alcohol can reduce your ability to drive a vehicle. Some of the ways alcohol can affect the body include:

  • Concentration: Alcohol reduces driving ability by hindering an individual’s ability to process multiple stimuli at once. This can lead to dangerous judgment errors, severely affecting driving performance and increasing the risk of being involved in car accidents.
  • Judgment: Drinking alcohol reduces a person’s ability to think, reason, make smart decisions, and exercise caution. Inability to think clearly can lead to accidents.
  • Comprehension: A drunk driver is less able to comprehend traffic signs, traffic signals, or a dangerous driving situation. This can limit their ability to respond appropriately and slow down, stop suddenly, or swerve out of the way of a crash.
  • Coordination: Alcohol consumption limits a driver’s fine and gross motor skills, including hand, eye, and foot coordination. This makes it more difficult to respond quickly in an emergency.
  • Vision and Hearing: When a person is drunk, their sense of distance is impaired and their peripheral vision diminishes. This makes it more difficult to avoid collisions.
  • Reaction Time: Alcohol impairs reflexes, affecting a person’s ability to make fast or complex decisions.

What Counts as Drunk Driving in Tennessee?

In Tennessee, it is generally illegal to drive with a blood or breath alcohol concentration of 0.08 percent or more (see Tenn. Code § 55-10-401). The limit is lower, 0.04 percent, for drivers of commercial vehicles. A driver can also be charged, and can be found negligent in a civil case, below those numbers if alcohol impaired their driving.

A breath or blood test is strong evidence, but it is not the only proof. We can also use police reports, body camera and dash camera video, witness statements, bar receipts, and the driver’s own words to show that alcohol played a role in your crash.

Who Is Responsible for a Drunk Driving Accident in Memphis?

Drunk drivers are responsible for their behavior, including choosing to drive their vehicles after consuming alcohol. However, other people may also be responsible for drunk driving accidents. The people that can be held liable for a drunk driving accident include:

  • Driver: Drunk drivers have a choice. They can choose to drive after having too much to drink, and they can also choose not to drive. Either way, they are responsible for their actions and must live with the consequences.
  • Host: Tennessee law is much tougher on claims against someone who gave away alcohol than on claims against a business that sold it, and those claims depend heavily on the facts. If a party host or another person supplied alcohol to a driver who then caused your crash, call us so we can review whether any claim is possible.
  • Bar and Restaurant Owners: It is the responsibility of bar and restaurant owners and employees to stop serving alcohol to patrons that appear to be intoxicated. They may be held liable for any injuries caused by drunk drivers who leave their establishment. Tennessee limits these claims, as explained in the dram shop sections below.

What Are the Most Common Types of DUI Accidents in Memphis?

Drunk drivers cause thousands of preventable accidents every year. Some common types of accidents caused by drunk drivers in Memphis include:

  • Head-On Collisions: Some head-on collisions result from drowsy or distracted drunk drivers who branch off the road and hit oncoming traffic.
  • Rear-End Collisions: A drunk driver may be unable to react quickly enough when another driver slows or stops in front of them. This can lead to rear-end collisions.
  • Wrong-Way Accidents: A wrong-way accident is a collision on a road or highway which occurs when one vehicle traveling in the wrong direction collides with another vehicle traveling in the correct direction.
  • Pedestrian Accidents: Drivers who have been drinking are at a much greater risk of being involved in a crash with a pedestrian. If you were hit while on foot, see our Memphis pedestrian accident lawyer page. A driver with impaired vision may not see a pedestrian, particularly at night.
  • Jackknife Accidents: Jackknife accidents are one of the greatest dangers of truck driving. If a big rig was involved, see our Memphis truck accident lawyer page. The trailer swings around and strikes nearby vehicles or sometimes pedestrians.
  • Rollover Accidents: Rollover accidents take place when cars flip over. They are a serious hazard to both passengers and any motorist, pedestrian, or driver in the area.
  • Drowsy Driving Accident: Drowsiness is a side effect associated with the consumption of alcohol. Drowsy driving accidents often result in severe injuries or even death.
  • One-Vehicle Accidents: One-vehicle accidents are a common occurrence, especially among drunk drivers.
  • Unsafe Passing: Drunk drivers pass on two-lane roads at their own peril. Drunk drivers are bad at judging the speeds of the cars they’re passing, so they’re likely to misjudge the time needed and speed required.

Can You Sue a Drunk Driver?

Yes, you can file a lawsuit to cover your medical and other damages. You can use evidence of their intoxication and other traffic violations to show that they were negligent. Once you prove negligence and establish your physical, emotional, and financial injuries, then you may be entitled to compensation.

How Do DUI Charges Affect Drunk Driving Lawsuits?

Personal injury claims for car accidents are usually handled separately from DUI cases. This means that you do not have to wait until the drunk driver is convicted or a civil case against them concludes to receive payment for damages. You can file a personal injury claim to seek compensation from a drunk driver while they deal with their criminal charges. Our experienced Memphis drunk driving accident lawyers can help you begin this process today.

How Long Do I Have to File a Drunk Driving Accident Lawsuit in Memphis?

In Tennessee, you generally have one year from the date of the crash to file a personal injury lawsuit (Tenn. Code § 28-3-104). That is one of the shortest deadlines in the country. If you lost a loved one, a wrongful death claim generally has a one-year deadline too. Claims against a government agency can have even shorter deadlines or special notice rules.

Remember that your civil case and the driver’s criminal case are separate. The criminal case can drag on, but your deadline keeps running. Deadlines vary by claim type, so confirm yours with a Memphis drunk driving accident attorney as soon as you can. The call is free.

Can I Get Punitive Damages From a Drunk Driver in Tennessee?

Possibly. Compensation in an injury case usually covers your losses, such as medical bills, lost income, and pain and suffering. Punitive damages are different. They are meant to punish especially reckless behavior and to warn others, and drunk driving is the kind of conduct courts take seriously.

Tennessee generally caps punitive damages at the greater of two times your compensatory damages or $500,000. But the cap does not apply when the defendant was under the influence of alcohol, drugs, or another intoxicant, their judgment was substantially impaired, and that impairment caused the injuries or death (see Tenn. Code § 29-39-104). Whether punitive damages are allowed in your case is up to the court, and they require strong proof.

Every case is different. Past results do not guarantee future outcomes.

What If I Was Partly at Fault in a Crash With a Drunk Driver?

You may still be able to recover compensation. Under Tennessee’s modified comparative fault rule, you can recover as long as you are less than 50 percent at fault. Your compensation is then reduced by your percentage of blame. If you are found 50 percent or more at fault, you generally cannot recover.

Even when the other driver was drunk, insurance companies may try to say you were speeding, distracted, or could have avoided the crash. We push back with evidence so that your share of the blame stays as low as possible.

What are Tennessee Dram Shop Laws?

Dram shop laws are legal measures put in place to help protect the general public from the irresponsible behavior of establishments that serve alcohol to minors or individuals who are visibly intoxicated. Specifically, dram shop laws seek to hold both the bar owner and server accountable for serving alcohol to a minor or an individual who is visibly drunk if that person then goes out and injures or kills another person in a drunk driving accident.

Tennessee’s dram shop law is narrow. It treats a person’s own drinking, not the sale of alcohol, as the usual cause of harm, and it allows a claim against a seller only in the limited situations described below (see Tenn. Code § 57-10-101 and § 57-10-102).

Who Can You File a Dram Shop Claim Against in Memphis?

In Tennessee, a dram shop claim can be brought against a business that sold alcohol, such as a bar, a restaurant, or a store. The law is strict. You must show that the business sold alcohol to a person it knew was under 21, or to a person who was visibly intoxicated, and that the sale was the proximate cause of your injuries (see Tenn. Code § 57-10-102). A jury must find these facts beyond a reasonable doubt, which is a higher standard than in most injury cases.

These claims are harder than a claim against the drunk driver, but when the facts are there, they can add a second source of compensation. Our Memphis drunk driving attorneys can review receipts, video, witness statements, and other proof to see whether a dram shop claim fits your case.

What Injuries Do Drunk Driving Accidents Cause?

Drunk driving crashes can change your life in seconds. According to NHTSA, 11,904 people died in alcohol-impaired driving crashes in the United States in 2024, and many more were hurt. Common injuries include:

  • Traumatic Brain Injuries: A traumatic brain injury can be devastating and life-altering. These injuries are costly to treat and manage.
  • Broken Bones: Broken bones can lead to lifelong pain. Expensive surgeries often do little to correct this type of injury, leaving victims with long-term problems.
  • Spinal Cord Injury: A spinal cord injury can lead to permanent paralysis or partial paralysis. It can also cause nerve damage and pain.
  • Internal Injuries: Internal injuries are serious, in some cases even deadly. Immediate medical attention and surgery are often required for internal injuries.
  • Soft Tissue Injuries: A torn ligament, tendon, or muscle around the shoulder, back, or neck can cause pain and limit a person’s range of motion.
  • Burns: When cars collide, sometimes the vehicles explode and catch fire. A victim could suffer serious burns resulting in permanent disfigurement and scarring, infections, and psychological trauma.
  • Psychological injuries: Being the victim of a drunk driving accident can cause long-term emotional, mental, and physical issues for survivors.

What Is a Memphis Drunk Driving Accident Case Worth?

No honest lawyer can promise a number before knowing the facts. The value of a drunk driving claim usually depends on:

  • How serious your injuries are and how long recovery takes.
  • Your medical bills, past and future.
  • Lost income and any loss of future earning power.
  • Pain, suffering, and the ways the crash has changed your daily life.
  • Whether punitive damages are allowed because of the driver’s intoxication.
  • Whether you share any blame under Tennessee’s 50 percent rule.
  • The insurance that is available. Tennessee’s minimum liability coverage is only $25,000 per person, $50,000 per accident, and $25,000 for property damage (see Tenn. Code § 55-12-102).

If the drunk driver has little or no insurance, your own uninsured or underinsured motorist coverage, if you have it, may help. In some cases, a business that illegally sold alcohol to the driver may also be responsible. We review every possible source of compensation.

Every case is different. Past results do not guarantee future outcomes.

Where Do Memphis Drunk Driving Cases Get Filed?

Memphis sits in Shelby County, Tennessee. Many injury lawsuits that start here are filed in Shelby County Circuit Court, though the right court depends on your case. We know the highways and streets where serious crashes happen, including I-40, I-240, and I-55, and we know the major hospitals that treat injured patients, such as Regional One Health and Methodist.

Knowing the local courts, police reporting, and insurance habits helps us build a case that fits your crash.

What Should I Do After a Drunk Driving Accident in Memphis?

Drunk driving is a serious crime that harms people every day. If you’ve been in a car accident with a driver who may have been under the influence of alcohol or drugs, here’s what you should do:

  • Contact the Police: An official police report on the incident can be used to build your case.
  • Seek Medical Attention: Get treatment for your injuries at once. Your medical records will be an important form of legal documentation.
  • Take Pictures of the Accident Scene: Take concrete steps right now to protect your rights. Take photos of the vehicles, your injuries, and anything else to help show what happened at the scene.
  • Do not Give Insurance Companies any Sensitive Information: The adjuster may seem caring and concerned. However, the adjuster must act in the best interests of the insurance company at all times. Anything you say to an insurance adjuster can be used against you in a court of law.
  • Contact an Experienced Drunk Driving Accident Lawyer: Whenever you’re involved in a drunk driving crash, you need to retain the services of a Memphis drunk driving accident lawyer working at Mama Justice to handle your personal injury case and ensure you get justice.

Do I Need a Drunk Driving Accident Lawyer in Memphis?

The earlier you retain the services of an attorney, the more advantages you get from their experience and expertise. Our drunk driving accident lawyers at Mama Justice will:

  • Assist You in Understanding Your Legal Rights: If you were not at fault for the car accident, you should seek legal representation to find out what your rights are. Our experienced lawyers at Mama Justice will help you understand the laws around car accidents.
  • Offer You Legal Advice: After an accident, you can find yourself facing numerous legal options. Our experienced Memphis drunk driving accident lawyers can offer you legal advice and guide you in making the right decision.
  • Assess the Full Extent of Your Damages: After an accident, many people feel financial pain and immediate medical costs. A car accident lawyer will consider all of these things in addition to the ways that injuries have affected your daily life, like pain and suffering.
  • Contact Medical Professionals on Your Behalf: Our lawyers have professional relationships with medical doctors and physical therapists who can offer you the best treatment and ensure you get better as soon as possible. The expert knowledge of good medical practitioners is also invaluable to serious injury lawsuits.
  • Help You Negotiate for a Fair Settlement: Car accident claims can often be tricky. An experienced car accident lawyer knows how to negotiate the car insurance claim process to ensure you get the compensation you deserve.
  • Represent You in Court: Some car accident cases can be resolved with a settlement. However, if you do have to go to court, our experienced lawyers will represent you and do whatever it takes to get you the compensation you need and deserve.
  • Help You Gather Evidence: Our Memphis legal team will help you obtain evidence to prove that your injuries were caused by the negligence of the drunk driver.
  • Investigate the Case Completely: To strengthen your case, our qualified car accident lawyers will compile the facts surrounding the accident, including the accounts of any witnesses.

Our experienced accident attorneys at Mama Justice have several years of experience handling drunk driving accident cases and will ensure you get the justice you deserve. Schedule a free consultation today.

Frequently Asked Questions About Memphis Drunk Driving Accident Claims

How long do I have to file a lawsuit after a drunk driving accident in Memphis?

In Tennessee, you generally have one year from the date of the crash to file a personal injury lawsuit (Tenn. Code § 28-3-104). Claims against a government agency can have shorter deadlines or special notice rules. Confirm your deadline with a Memphis drunk driving accident attorney as soon as possible.

Do I have to wait for the DUI case to end before filing an injury claim?

No. A civil injury claim is separate from the criminal DUI case. You can pursue compensation while the driver deals with criminal charges, and you do not need a conviction to file. Evidence from the criminal case, such as a blood alcohol test, can still help your claim.

Can I get punitive damages from a drunk driver in Tennessee?

Possibly. Punitive damages are meant to punish especially reckless conduct, and Tennessee generally caps them at the greater of two times your compensatory damages or $500,000. The cap does not apply when the defendant was under the influence and their judgment was substantially impaired when they caused the injury (Tenn. Code § 29-39-104). A court decides whether they are allowed, and no result is guaranteed.

Can I sue a bar or restaurant that served the drunk driver?

In some cases. Tennessee’s dram shop law allows a claim against a business that sold alcohol to a person it knew was under 21 or to a visibly intoxicated person, if the sale was the proximate cause of your injuries. A jury must find those facts beyond a reasonable doubt (Tenn. Code § 57-10-102). These claims are hard, so you need a lawyer to review the evidence.

What if I was partly at fault in a crash with a drunk driver?

You can still recover compensation as long as you are less than 50 percent at fault. Your compensation is reduced by your percentage of fault, and if you are 50 percent or more at fault you generally cannot recover. An attorney can gather evidence to keep your share of blame as low as possible.

What blood alcohol level counts as drunk driving in Tennessee?

In Tennessee, it is generally illegal to drive with a blood or breath alcohol concentration of 0.08 percent or more (Tenn. Code § 55-10-401). The limit is 0.04 percent for commercial vehicle drivers. A driver can also be charged or found negligent below those numbers if alcohol impaired their driving.

What should I do after a drunk driving accident in Memphis?

Call 911 so police respond and a report is made, get medical care right away, take photos of the scene, vehicles, and your injuries, and avoid giving the insurance company a recorded statement. Then call a Memphis drunk driving accident lawyer. Early action helps protect evidence.

What compensation can I seek after a drunk driving crash in Memphis?

You may be able to seek compensation for medical bills, lost income, reduced future earning ability, pain and suffering, emotional distress, and loss of quality of life. In some cases, punitive damages may also be possible. The amount depends on the facts of your case, and no result is guaranteed.

Let Mama Justice Help You Get Justice

Being a victim of a drunk driving accident is a difficult experience, but with the help of a qualified lawyer, you can get the compensation you deserve. If a drunk driver took someone you love, we can help your family with a Memphis wrongful death claim. If you’ve been in an accident caused by a drunk driver and want to discuss a legal claim, Mama Justice is here to help. Call (888) 805-6010 now to speak with a qualified drunk driving accident lawyer in Memphis.