["https:\/\/schema.org\/",[{"@type":"Article","@id":"https:\/\/www.mamajustice.com\/memphis\/drunk-driving-accidents\/#Article","mainEntityOfPage":"https:\/\/www.mamajustice.com\/memphis\/drunk-driving-accidents\/","headline":"Memphis Drunk Driving Accident Lawyer","name":"Memphis Drunk Driving Accident Lawyer","description":"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. 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.","datePublished":"2024-08-12","dateModified":"2026-10-01","author":{"@id":"https:\/\/www.mamajustice.com\/#missy-wigginton"},"reviewedBy":{"@id":"https:\/\/www.mamajustice.com\/#missy-wigginton"},"publisher":{"@type":"Organization","name":"Mama Justice - MW Law Firm","logo":{"@type":"ImageObject","@id":"https:\/\/www.mamajustice.com\/wp-content\/uploads\/2024\/08\/Mama-Justice-Logo-Desktop.png","url":"https:\/\/www.mamajustice.com\/wp-content\/uploads\/2024\/08\/Mama-Justice-Logo-Desktop.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.mamajustice.com\/wp-content\/uploads\/2024\/09\/meet-the-mama-justice-team.jpg","url":"https:\/\/www.mamajustice.com\/wp-content\/uploads\/2024\/09\/meet-the-mama-justice-team.jpg","width":333,"height":209},"url":"https:\/\/www.mamajustice.com\/memphis\/drunk-driving-accidents\/","inLanguage":"en-US","spatialCoverage":{"@type":"Place","name":"Memphis, Tennessee"},"speakable":{"@type":"SpeakableSpecification","cssSelector":[".mj-direct-answer",".faq"]}},{"@type":"Attorney","@id":"https:\/\/www.mamajustice.com\/#missy-wigginton","name":"Missy Wigginton","alternateName":"Mama Justice","jobTitle":"Founding Attorney","worksFor":{"@type":"LegalService","name":"Mama Justice - MW Law Firm"},"url":"https:\/\/www.mamajustice.com\/our-team\/missy-wigginton\/","sameAs":["https:\/\/www.linkedin.com\/in\/melissa-missy-wigginton-79525488","https:\/\/msbar.reliaguide.com\/lawyer\/38801-3214-MS-Melissa-Wigginton-299647"],"knowsAbout":["drunk driving accident claims","personal injury law","Tennessee injury claims","dram shop claims"]},{"@type":"FAQPage","@id":"https:\/\/www.mamajustice.com\/memphis\/drunk-driving-accidents\/#faq","mainEntity":[{"@type":"Question","name":"How long do I have to file a lawsuit after a drunk driving accident in Memphis?","acceptedAnswer":{"@type":"Answer","text":"In Tennessee, you generally have one year from the date of the crash to file a personal injury lawsuit (Tenn. Code \u00a7 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."}},{"@type":"Question","name":"Do I have to wait for the DUI case to end before filing an injury claim?","acceptedAnswer":{"@type":"Answer","text":"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."}},{"@type":"Question","name":"Can I get punitive damages from a drunk driver in Tennessee?","acceptedAnswer":{"@type":"Answer","text":"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 \u00a7 29-39-104). A court decides whether they are allowed, and no result is guaranteed."}},{"@type":"Question","name":"Can I sue a bar or restaurant that served the drunk driver?","acceptedAnswer":{"@type":"Answer","text":"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 \u00a7 57-10-102). These claims are hard, so you need a lawyer to review the evidence."}},{"@type":"Question","name":"What if I was partly at fault in a crash with a drunk driver?","acceptedAnswer":{"@type":"Answer","text":"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."}},{"@type":"Question","name":"What blood alcohol level counts as drunk driving in Tennessee?","acceptedAnswer":{"@type":"Answer","text":"In Tennessee, it is generally illegal to drive with a blood or breath alcohol concentration of 0.08 percent or more (Tenn. Code \u00a7 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."}},{"@type":"Question","name":"What should I do after a drunk driving accident in Memphis?","acceptedAnswer":{"@type":"Answer","text":"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."}},{"@type":"Question","name":"What compensation can I seek after a drunk driving crash in Memphis?","acceptedAnswer":{"@type":"Answer","text":"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."}}]}],{"@context":"https:\/\/schema.org","@type":"BreadcrumbList","@id":"https:\/\/www.mamajustice.com\/memphis\/drunk-driving-accidents\/#BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Memphis","item":"https:\/\/www.mamajustice.com\/memphis\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Memphis Drunk Driving Accident Lawyer","item":"https:\/\/www.mamajustice.com\/memphis\/drunk-driving-accidents\/#breadcrumbitem"}]}]