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Tennessee Dram Shop Accident Laws

Overserved and Behind the Wheel:
Why Telling the Truth Matters More Than You Think

TENNESSEE

NASHVILLE

FRANKLIN

CLARKSVILLE

MURFREESBORO

TENNESSEE

NASHVILLE

FRANKLIN

CLARKSVILLE

MURFREESBORO

TENNESSEE

NASHVILLE

FRANKLIN

CLARKSVILLE

MURFREESBORO

TENNESSEE

NASHVILLE

FRANKLIN

CLARKSVILLE

MURFREESBORO

By Griffith Law

If you’re reading this, chances are you’ve made a life-altering mistake. You were drinking, you got behind the wheel, and someone was seriously hurt — or worse.
Now, you’re likely overwhelmed by legal consequences, emotional fallout, and guilt. And in the middle of all that, one key question may be haunting you:
Should I tell the truth about how much I drank and where I was drinking?
The answer is yes — and here’s why.

Tennessee’s Dram Shop Law: What You Need to Know

Under Tennessee law, bars and restaurants can be held responsible if they serve alcohol to someone who is visibly intoxicated, and that person later causes harm. This is known as a “dram shop” claim.
If you were overserved and then caused a crash, the bar or restaurant that kept serving you could be a legally responsible party — right alongside you.

Why This Matters for You

In cases involving catastrophic injuries or wrongful death, the damages almost always exceed the limits of a personal auto insurance policy. When that happens, the injured person — or their family — can pursue you personally for the balance.
However, commercial establishments typically carry far more insurance coverage than individuals. By being transparent about where you drank and how intoxicated you were, you open the door for the victim to seek compensation from a responsible business that may be far better equipped to cover the losses.
That transparency could spare you from facing devastating financial exposure — including judgments that follow you for decades or even lead to bankruptcy.

The Cost of Silence

Some people feel a sense of loyalty to the bar that served them, or they’re embarrassed to admit how impaired they really were. But staying silent or covering for a negligent establishment won’t undo what happened. It only increases the risk — for the victim and for you.

Integrity Still Matters

Being honest about how you got here won’t erase what happened, but it can change how you move forward. It shows the court — and the victim’s family — that you’re willing to take real responsibility. And it can help ensure that all responsible parties are held accountable.
At Griffith Law, we represent people whose lives have been shattered by the actions of others. If you were involved in a crash and were overserved, we urge you to do the right thing — not just for the people you hurt, but for your own future. Telling the truth matters. Accountability matters. And justice demands both.

Let’s Discuss Your Situation in a Free Consultation Call (615) 806-6446 Serving Franklin, Nashville and all of Middle Tennessee

GriffithLaw helps car accident victims and families protect their rights and get fair compensation for car wreck injuries caused by someone else’s careless actions. As a former insurance claims adjuster, John understands how auto insurance companies attempt to settle car crash claims in their favor. Now, we use that knowledge to stand up for Tennessee individuals and families who don’t have a voice. We use our legal knowledge, experience, and exceptional trial skills to aggressively represent our clients in difficult car accident matters. And we get real results.

FREE
CONSULTATIONS

NASHVILLE | FRANKLIN | MURFREESBORO | CLARKSVILLE

John
Griffith

TENNESSEE DRAM SHOP LAWYER

We encourage you to take advantage of a free, no-obligation case evaluation to get to know our car accident attorneys better. We will help you understand what to do after a car accident to protect your claim. Our car accident lawyers look forward to helping you learn more about your rights and how we can help you succeed with your legal goals after being injured in a car crash. Common car wreck injuries we help clients recover from include whiplash, back injuries, shoulder injuries, head injuries, spinal cord injuries, broken bones and fractures, internal injuries, burns, and facial injuries just to name a few.

PROTECTING YOUR FAMILY…IT’S WHAT WE DO

How Long Do I Have to File?

The statute of limitations in Tennessee is one year. This means that if you are injured, you must file your claim within one year of the injury. If you wait longer than one year to file a personal injury claim, you may lose your right to file.

While Tennessee law grants a one-year window to file a claim, we strongly discourage you from delaying that long. In fact, we recommend that you speak to our personal injury lawyers as soon as possible after an accident that was not your fault has left you injured. That way, we can advise you about your options for filing a claim with the at-fault party’s insurance company or filing a lawsuit in civil court to get the compensation you are entitled to after an accident. 

Importance of a Police Report

Some states require law enforcement to be called to an accident scene under certain conditions, such as:

  • Someone was injured or killed
  • Property damages were severe
  • You’re involved in a hit-and-run or with an uninsured driver

Calling the police to the scene in some other situations is optional. However, not placing a 911 call could delay the police report process, so even motorists in minor car accidents could benefit from filing a police report.

For one, many auto insurance companies require a police report to be submitted with a car accident claim. Insurance agents consider police reports to be a form of evidence that supports details about the accident. They compare these facts to your account of the incident, statements from others, and additional evidence.

Additionally, the attending police officer generating the report might list more details about the condition of the vehicle, your injuries, and other points. So when your car accident attorney calculates your damages for financial recovery, the report reinforces the cause and effect of the incident and how it applies to your claim. A police report also provides evidence that helps defend your claim in case the at-fault driver falsified information. An insurance adjuster is more likely to believe the report over the other motorist, which could help expedite the processing of your claim.

If law enforcement doesn’t provide a copy of the police report after the accident, you or your legal representative will have to request one.

Steps Involved in Filing a Lawsuit
  1. File a complaint. The steps of a personal injury lawsuit may vary depending on whether a settlement is reached sooner or during the trial. Usually, the first step is to file an initial complaint against the insurance company or person who caused your damages. Then a summons will be sent to the party who will be the defendant. If the party does not respond, they will be deemed guilty. Those who do respond may offer a settlement, which avoids going to trial, or they will file a counterclaim. You can file a response to the counterclaim, but if this fails to result in a resolution, the case may go to a court trial.
  2. Participate in the discovery process. The discovery process leading up to the trial involves both parties sharing and exchanging relevant information. This may involve documents, written statements, or depositions from witnesses. Ways to avoid trial are reaching a settlement or filing a motion. An experienced lawyer can help you with this.
  3. Settle. Over 98% of our cases settle prior to undergoing trial. Sometimes a personal injury trial cannot be avoided. A personal injury trial starts with jury selection and involves opening statements, witness testimonies, closing arguments, and jury deliberation. The jury will make the final decision on whether to offer you compensation and how much compensation you are owed.

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