Practice Areas Memphis Car Accident Lawyer Drunk Driving Accident Lawyer

Drunk Driving Accident Lawyer in Memphis, TN

Proven Help After a DUI Crash — No Fees Unless We Win

If a drunk driver hurt you or someone you love, you deserve a law firm that moves fast, preserves critical evidence, and maximizes your recovery. At John Michael Bailey Injury Lawyers, our Memphis team has helped crash victims for over 45 years! We bring courtroom experience, deep knowledge of Tennessee insurance tactics, and rapid-response investigation to every DUI injury case.

• Free case review, 24/7
• You pay nothing unless we win
• Offices in Memphis & Tupelo; we come to you if you can’t travel

Why choose us for a drunk-driving case?

1. Rapid evidence preservation. We send litigation-grade hold letters on day one to secure dash/body-cam video, 911 audio, bar receipts, BAC test records, and black-box data.
2. Dram shop & third-party liability skills. We know when a bar or restaurant can be held liable for overserving in Tennessee — crucial when the at-fault driver’s insurance isn’t enough.
3. Strategic damages presentation. We document wage loss, future care, pain and suffering, and when appropriate, pursue punitive damages under Tennessee law.
4. Memphis-based, Tennessee-focused. We know local roads, judges, and insurers — and the short one-year Tennessee deadline that can end your case if you wait.
5. Last but not least – The JMB Guarantee! At John Michael Bailey Injury Lawyers Memphis, we provide all of our clients the JMB Guarantee. The guarantee means that we will always have a licensed attorney negotiating your claim – your case will not be passed on to a “case manager.” It also means that we are not afraid to fight on your behalf to ensure that you get fair compensation for your injuries.

Fast Facts: DUI Crashes — National, Tennessee, and Shelby County

• U.S. (2023): 12,429 people were killed in crashes involving an alcohol-impaired driver — 30% of all traffic deaths (about one every 42 minutes). (CrashStats)
• Tennessee (2024 preliminary): The state recorded 6,024 known alcohol-related crashes; 2025 Q1 shows continued activity (preliminary).
• Shelby County: Alcohol is involved in roughly 1 in 5 driving deaths (19.7%), underscoring Memphis’s ongoing risk profile. (healthiershelby.com)
• Legal BAC in TN: 0.08 for most drivers; 0.04 commercial; strict under-21 rules. A DUI can be charged even below 0.08 based on impairment evidence. (Justia Law, FindLaw Codes)

What a Memphis Drunk Driving Accident Lawyer Does for You

1) Launches a same-day investigation

• Obtain police crash reports, officer field notes, BAC test logs, and witness statements.
• Preserve dash/body-cam video, intersection cameras, and vehicle EDR (“black box”) data before it’s overwritten.
• Track where the driver was drinking; secure point-of-sale receipts and staff schedules to evaluate dram shop liability.

2) Builds liability beyond the police report

• Analyze lane position, speed, and braking with a reconstruction expert.
• Identify all insurance (at-fault auto, employer policies, UM/UIM, homeowner/umbrella, dram shop coverage).

3) Documents the full measure of your losses

• ER and specialist records, therapy, prescriptions, mileage, and future care plans.
• Employment records, vocational reports, and economist projections for lost earning capacity.
• Daily impact statements for pain, suffering, and loss of enjoyment.

4) Pursues every source of recovery

• Compensatory damages and, where the conduct was reckless, punitive damages under Tennessee law.

Tennessee DUI Injury Claims: The Laws That Matter

• Deadline (Statute of Limitations): Most Tennessee personal injury claims must be filed within 1 year of the crash — one of the shortest windows in the country. Do not wait. (There are narrow extensions when a related criminal case is filed.)
• Comparative Fault: You can recover as long as you are less than 50% at fault; your award is reduced by your percentage of fault.
• Dram Shop Liability: A Tennessee vendor may be liable if it sold alcohol to a minor or to a visibly intoxicated person who then caused the injury or death. Proof and procedure are strict — early investigation is vital.
• Punitive Damages: Available only with clear and convincing proof of malicious, intentional, fraudulent, or reckless conduct. Tennessee statutes provide caps; courts have debated their constitutionality. We evaluate this in every DUI case.

What To Do After a Suspected DUI Crash in Memphis

1. Call 911 and request police and EMS. Note any odor of alcohol, slurred speech, or open containers.
2. Photograph everything — vehicles, inside the other car (bottles, cans), the roadway, and nearby businesses with cameras.
3. Get names and numbers of witnesses and bar/restaurant staff if applicable.
4. Seek immediate medical care — diagnostic gaps hurt people and cases.
5. Do not speak to the other driver’s insurer. Call us; we’ll handle it.
6. Contact our team to preserve time-sensitive video and sales data that can prove overservice.

Settlements & Verdicts: What Can Be Recovered?

Every case is unique, but DUI-injury recoveries may include:

• Medical bills & future care (surgery, rehab, PT, counseling)
• Lost wages & reduced earning capacity
• Pain, suffering, and loss of enjoyment of life
• Property damage
• Punitive damages (in appropriate cases)

We’ll give you a candid, evidence-based case value range after we review your records and the liability picture.

Memphis DUI Crash FAQs (Evidence-Backed)

Q1. How common are alcohol-impaired traffic deaths in the U.S.?
A. In 2023, there were 12,429 alcohol-impaired fatalities — 30% of all U.S. traffic deaths (about one every 42 minutes). (CrashStats)

Q2. What about Tennessee and Shelby County?
A. Tennessee logged 6,024 known alcohol-related crashes in 2024 (preliminary). In Shelby County, alcohol is involved in about 19.7% of driving deaths. (healthiershelby.com)

Q3. Is 0.08 BAC always required for a DUI?
A. No. 0.08 is the per se limit for most drivers, but officers can charge DUI based on impairment evidence even below 0.08. Commercial drivers face a 0.04 limit; under-21 drivers face strict underage rules. (Justia Law, FindLaw Codes)

Q4. Can a Memphis bar be liable for overserving?
A. Potentially. Tennessee’s Dram Shop Act allows claims against a seller that sold to a minor or a visibly intoxicated adult who then caused injury or death. These cases are fact-intensive and time-sensitive.

Q5. How fast do I need to act?
A. Most Tennessee injury claims have a 1-year deadline; if you miss it, your claim can be barred. There are limited exceptions when related criminal charges are filed. Contact counsel promptly. (Justia Law)

Q6. Will comparative fault kill my claim if I wasn’t perfect?
A. Not necessarily. Tennessee uses a modified comparative fault rule — you can recover if you’re less than 50% at fault; your recovery is reduced by your share.

Q7. When are punitive damages on the table?
A. When the defendant’s conduct was malicious, intentional, fraudulent, or reckless; statutes impose caps and courts have addressed constitutional questions. We evaluate punitive exposure in every DUI case.

Injured by a drunk driver in Memphis? Call 888-WE-FIGHT or request a free consultation now. We’ll listen, explain your options in plain English, and start protecting your rights immediately. Or visit our office in Memphis, TN.