Few things in life are more frightening than a car accident. Add in the frustration of smelling alcohol on the responsible driver’s breath and this frustration can escalate – especially if that accident involves children. It is important for parents and those who care for children who find themselves in this situation to use the legal system to seek justice. One important tool is the use of the civil system to hold the responsible party financially accountable for the repercussions of the accident.
The following will provide guidance on the use of the legal system to hold a drunk driver accountable when that accident impacts a child. A drunk driving accident can impact children in one of two ways: direct injury to the child or the death of their parents.
#1: When a drunk driver injures a child
When a drunk driver injures a child in Tennessee, parents may pursue several types of financial compensation. These compensations aim to cover the immediate and long-term impacts of the accident on the child’s life and can include:
- Medical expenses: This includes medical bills related to the injury, such as the cost of an emergency response team, hospital stays, surgeries, rehabilitation, and ongoing medical care.
- Pain and suffering: Compensation meant to provide for any physical pain and emotional distress suffered by the child due to the accident.
- Loss of enjoyment of life: If the injury affects the child’s ability to enjoy daily activities or participate in hobbies, compensation may be sought.
- Future earnings: The legal system may allow the consideration of future earnings if the injury impacts the child’s future earning potential.
These financial recoveries aim to provide a comprehensive approach to addressing the various impacts of the accident on the child’s life.
#2: When a drunk driver kills a parent
In addition to holding the driver accountable for the death of the parents through a wrongful death case, Tennessee has a relatively unique law that allows a sentencing court to order someone convicted of certain crimes related to a drunk driving accident to pay child support if they killed the parent of a minor child. If granted, the maintenance payments extend until the child reaches 18 years of age or graduates high school.
It is important for parents and loved ones to understand that legal remedies are available when children are impacted by a drunk driving accident. These are just a few examples. Staying informed about these legal options helps to better ensure that you can effectively advocate for the child’s rights and secure the necessary resources for their recovery and future well-being.