In Tennessee, driving under the influence of drugs or alcohol is illegal. It is presumed a drunk driver is liable to pay compensation for any injury or death caused by driving while intoxicated since it is an act of reckless driving. However, there are some cases in which determining liability for causing a DUI-related car accident may not be so easy. Tennessee is one of 30 states that observe a Dram Shop Liability statute, which can place responsibility for DUI accidents on restaurants and/or bars depending on the circumstances.

What Is the Dram Shop Liability Statute?

Under Tennessee law, a licensed establishment that sells alcohol to a person who is may be held liable for damages in an alcohol-related car accident. They may be required to pay compensation for any personal injury or wrongful death caused in the accident as a result of the consumption of alcohol sold. Tennessee limits this “Dram Shop Liability” statute to cases in which restaurants or bars sell alcohol to a clearly intoxicated person or a minor under the legal drinking age.

Roadways can be dangerous places due to many factors, such as speeding vehicles, construction zones, and treacherous weather. There is a long list of injuries and damages that can occur as a result of a motor vehicle accident. Death is on that list, but in Tennessee, a person cannot be charged with first degree murder unless the victim's death was planned ahead of time. Instead, if someone is killed in a car accident, the person responsible may be charged with vehicular homicide. It is important to distinguish between the two charges, since the penalties are different. 

Murder Versus Vehicular Homicide

Tennessee law defines murder in different severities. The worst is First Degree Murder, which is intentionally killing another person. The punishment for this crime is either life in prison or the death penalty.

Roads and highways can be dangerous places, whether someone is driving for work, for pleasure, or as part of their daily routine. The large number of automobiles on the road increases the risk of car accidents, and one of the primary factors that can lead to deadly collisions is fatigued driving. Truck drivers should especially be careful of driving while tired, since they are often on the road for long hours and during overnight shifts. If a vehicle collides with a larger vehicle like a truck, the results can be catastrophic.

According to the Tennessee Highway Safety Office, fatigued driving results in 1.2 million crashes and over 5,000 fatalities every year. Victims of car accidents involving fatigued drivers may be entitled to receive financial compensation for their damages.

Tennessee is a great place to enjoy outdoor activities. With the summer season approaching, many people take advantage of the warm weather as a time to relax on the water. Those who own a boat should be mindful, however, that there is a limit to how much one should be drinking while operating a boat. According to the Tennessee Boating Incident Statistical Report, there were 113 reported boating incidents in 2018. Of that total, 15 were caused by reckless boating, and six were reported as specifically being caused by alcohol impairment. Like driving, the legal blood alcohol content limit is 0.08 percent, and anyone who operates a boat over that limit can be charged with a boating under the influence violation.

How Is Boating Regulated in Tennessee?

In Tennessee, safe boating is enforced by the Tennessee Wildlife Resources Agency (TWRA). Officers with the TWRA are charged with assisting any vessel with trouble and making sure all boaters are operating their vehicles appropriately. At any time, a TWRA officer has the right to board a boat he or she believes to be operating improperly. If the officer believes the driver of the boat is under the influence of alcohol, he or she can conduct a field sobriety test, just as if the driver was in a car.

Even though the legal drinking age in the United States is 21 years old, minors all across the country often drink illegally. This can occur due to peer pressure or because the minors have easy access to alcohol or drugs within their home. There are many penalties and punishments when a minor is caught drinking illegally, but if they are caught driving under the influence, there will be even more consequences. They will face not only DUI charges, but they will also lose their driving privileges for a certain amount of time.

Tennessee Underaged DUI Penalties

The state of Tennessee has three statutes to enforce and attempt to eliminate underage drinking and driving. The most severe is the Driving While Impaired statute that affects minor drivers between the ages of 16 and 20. Any minor driver caught driving under the influence will have his or her license revoked for one year with no possibility of earning a restricted license. They will also face a $250 fine and service work per the discretion of the court.

Parents have recently been capturing startling footage of cars not obeying traffic laws at school bus stops. Cell phone cameras have caught drivers nearly running over children who are boarding school buses, even when buses are stopped with flashing lights, a stop sign displayed, and a safety bar extended. Failure to stop when a school bus is picking up students can lead to serious injury of a child, and a driver will not only face criminal consequences, but they may be held financially responsible for the injuries caused.

According to Tennessee law, a driver may not pass a school bus when it is stopped, its lights are flashing, and it has a stop sign and safety arm extended, unless there is a median strip between the car and the bus. If a driver fails to stop, he or she can be charged with a Class A misdemeanor, which includes a fine of up to $1,000.

The warm weather is upon us, which means more motorcyclists are hitting the pavement. Like people who drive cars, motorcyclists are expected to take several precautions to stay safe while driving. However, motorcycle accidents can happen even when all safety measures are taken. Since motorcycles are smaller, they are often harder to see on the road, and they can occur because other drivers do not respect a motorcyclist’s right of way. Collisions between motorcycles and other vehicles often result in personal injury, and an injured cyclist may be eligible to receive compensation for injuries or damage to their motorcycle.

What To Do After an Accident

If an accident happens, the driver who is at fault for the incident is responsible for paying for any damage experienced by others involved in the accident, including costs related to injuries and repairs for damages to vehicles. Therefore, if you are a motorcyclist involved in an accident, you should assess your injuries and the damage to your motorcycle while still at the accident site.

According to the Tennessee Highway Safety Office, every 34 seconds, a child under the age of 13 is involved in a car accident. Each state in the country has its own specific laws regarding child safety when traveling in a motor vehicle. Unfortunately, not everyone knows the most appropriate safety restraint system to use to keep their child as safe as possible.

Tennessee’s Child Restraint law has clear rules for how a child should be secured at every age. A car accident can cause catastrophic injuries to a child, and that is why it is mandatory in every state for children under the age of 16 to be securely fastened while riding in a vehicle. If your child is injured in an auto accident, a skilled personal injury lawyer can advise you on steps for taking legal action against a negligent driver or manufacturer.   

According to the Tennessee Highway Patrol, the number of alcohol-related motor vehicle crashes has dropped in Campbell County since 2014, but so far this year, there have been nine, bringing the total to 336 since 2009.

Regardless of whether a driver has consumed alcohol, you can expect to be pulled over if a police officer sees you driving erratically down the road. When this happens, and you have been drinking, you could face the possibility of DUI charges.

With approximately 2 million tractor-trailers on the road, truck drivers and motor vehicle drivers should be aware of ways to avoid truck accidents. Truck drivers are responsible for earning a commercial driver’s license (CDL) before operating a commercial vehicle and motorists are responsible for being extra vigilant when in the presence of big rigs.

Truck Driver Safety

After earning a CDL, the best way to stay safe on the road is also the most basic: know how to operate and keep control of your vehicle. According to the commercial driver’s license manual, all trucks should be inspected before, during, and after each trip. These inspections must be logged in case a truck needs to be repaired.

In the state of Tennessee, there were more than 497,000 reported motor vehicle collisions throughout 2017, including over 30,000 in which at least one passenger suffered injuries. Tragically, more than 1,000 people ultimately died due to injuries suffered in car accidents, statewide. 

If you or a loved one are injured in a motor vehicle collision, the related expenses, including vehicle damage, loss of work hours, and medical bills, can be significant. After being involved in a car accident, the first step is to check the medical condition of all passengers and to seek medical treatment for any injuries suffered. It is important to act quickly after an accident to help your chances of securing financial compensation for your injuries.

Here in the United States, rear-end collisions occur more frequently than any other type of collision. According to the National Highway Traffic Safety Administration (NHTSA), rear-end crashes make up approximately 29 percent of all annual car accidents. In many of these instances, rear-end collisions cause severe injuries, ranging from whiplash to brain trauma and spinal cord damage. These types of injuries often come with significant medical bills and potential loss of work hours. Due to the monetary ramifications of a rear-end collision, it is important to secure injury compensation. Below we will explore the steps you need to take so you receive the financial compensation you deserve. 

Establishing Accident Liability

For a successful personal injury claim, it must be established that another driver was responsible for the collision. In the vast majority of rear-end collisions, the negligent party is the rear-vehicle driver. The most common form of negligence leading to a rear-end collision is driver inattention. Distracted driving is prevalent these days, especially texting while driving. Driver inattention can also be a result of fatigued driving or driving under the influence of alcohol. In any case, the odds of a rear-end wreck also increase if a driver maintains an unsafe following distance (tailgating).

On April 4, an elderly man and his passenger were both fatally injured in a car crash on Tennessee’s State Highway 128. The car accident served as a reminder of the risks that elderly drivers can face and present when they get behind the wheel of a car. According to statistics compiled by the Centers for Disease Control and Prevention (CDC), approximately 290,000 elderly Americans were injured in motor vehicle collisions in 2016, while 7,400 proved fatal. 

Elderly Driver Accidents

An average of 20 elderly Americans are killed each day in car crashes. In many cases, car accidents caused by elderly drivers can be prevented with intervention from close family members.

Here in the state of Tennessee, car accidents are common statewide. According to the Tennessee Department of Safety and Homeland Security, approximately 500,000 car accidents occurred in Tennessee throughout 2016. In many of these collisions, a serious injury occurred. 

After a car accident due to another driver’s negligence, it is common to feel helpless when you suffer a severe injury. It is important to act quickly in the aftermath of an accident. If you or a member of your family are injured in a motor vehicle collision, seek skilled legal guidance immediately. 

In Tennessee, serious motor vehicle collisions are common throughout the state. According to the Tennessee Department of Safety and Homeland Security, over 208,000 motor vehicle collisions occurred statewide throughout 2018 alone. More than 23 percent of those car accidents resulted in injuries that required immediate medical attention. In all, 48,031 travelers were injured in car accidents in 2018. Tragically, nearly 1,000 people ultimately passed away due to the impact of the collision. 

Below, we will explore the factors in many traffic collisions and injuries, and how you can increase your safety. If you or a loved one are injured in a motor vehicle collision, contact a legal professional right away. 

With the sun out and temperatures beginning to rise, more and more pedestrians will be outdoors. Unfortunately, thousands of pedestrians are seriously injured or killed in traffic collisions throughout the United States each year. According to the Centers for Disease Control and Prevention (CDC), nearly 5,400 U.S. pedestrians were killed after being struck by motor vehicles during a recent 12-month period. If you or a loved one are injured after being struck by a motor vehicle, contact an experienced personal injury attorney as soon as possible. 

Remaining Safe as a Pedestrian

Approximately 129,000 pedestrians are treated annually in U.S. emergency rooms after being struck by automobiles. In many cases, there is nothing a pedestrian can do to avoid a collision. Other accidents are preventable. Here are some safety tips you may want to consider the next time you go for a walk. 

This past February, two Cookeville High School students were fatally injured in a tragic motor vehicle collision. The accident occurred when the teen driver lost control of the vehicle, which rolled and ultimately collided with a tree. It was a sobering reminder of the risks all teenage drivers face. 

Every year, thousands of American teenagers die in car accidents. According to the Centers for Disease Control and Prevention (CDC), 2,433 teens were killed in car wrecks during a recent 12-month period. An additional 290,000 teenagers suffered injuries that required hospitalization over that span. 

On February 28, a motorcyclist suffered serious injuries on Interstate 40. The accident occurred when the motorcyclist collided with a semi-truck. The motorcyclist was transferred to a local hospital, and fortunately, is expected to recover. 

Because of the lack of protection compared to a car, motorcycle accidents often result in severe and even fatal injuries. Many are caused by negligent drivers who failed to see the motorcycle. If you are the victim of such an accident, contact a skilled personal injury lawyer as soon as possible.

On the night of February 20, a 30-year-old woman was fatally injured when her vehicle traveled off-road and collided with a tree. The accident, which took place on Shelby County’s Morning Sun Road, occurred around 11 p.m. By the time first responders arrived at the scene, the lone passenger was already dead. 

Driving at night can come with increased risks due to decreased vision and driver fatigue. If you or a loved one are injured in a motor vehicle collision due to another driver’s negligence, it is important to seek skilled legal representation as soon as possible.

Every year, many thousands of Americans are arrested on drug charges. Law enforcement and the courts aggressively pursue drug possession and trafficking convictions. Drug-related violations of any kind can come with life-changing implications. If you have been arrested for a drug crime, it is imperative you consult with a skilled criminal defense attorney immediately. 

Impact of a Drug Conviction 

In the state of Tennessee, drug charges can be quite harsh. A first-time possession conviction results in a Class A misdemeanor. With a conviction can come fines of over $2,000 and up to one year in prison. If you have been previously convicted of two or more criminal acts, a possession charge automatically constitutes a felony. Criminal punishments depend on the amount of narcotics and the type of substance involved.