I was hit by a drunk driver and was seriously hurt. The police officer told me the guy tested .20 – over twice the legal limit. I found out that the guy spent all afternoon in a local bar and was on his way to another bar when he hit me. Can I sue the bar where he got drunk?
Perhaps. Tennessee law permits you to sue a bar that over-served a drunk driver if you can prove beyond a reasonable doubt that they served alcoholic beverages to a visibly intoxicated person.
If your information is correct and the drunk was only served at one bar, you must then be able to demonstrate that he was visibly intoxicated and therefore the bar should have stopped serving him. You also must be able to demonstrate that the driver’s drunken condition contributed to cause the wreck.
An experienced personal injury lawyer can help you investigate this matter and determine whether a claim can be successfully asserted.
Are you a personal injury lawyer who came across this post? John Day writes a blog for personal injury and wrongful death lawyers called "Day on Torts." Here is a post that discusses a recent change in the law in this type of case: Dram Shop Law Modified.