A death from drunk driving leaves a family in shock. Grief comes first. Questions arrive fast. Who speaks for the family. Who will investigate for the family. What costs can be recovered. How much time is left to act.
The answers sit in different parts of Tennessee law. Some are criminal. Some are civil. Some are administrative.
This guide explains those lanes with clear next steps. It covers who represents the State, who represents the family, what a civil lawyer actually does, deadlines, and how criminal and civil cases interact in real life.
Two Tracks After a Fatal DUI
The State brings criminal charges against the at-fault driver. Charges may include vehicular homicide under Tenn. Code Ann. § 39-13-213 and, in some cases, aggravated vehicular homicide under Tenn. Code Ann. § 39-13-218. The DUI statute is Tenn. Code Ann. § 55-10-401.
The district attorney represents the State. Many offices have victim-witness coordinators who keep families updated on hearings and sentencing. These officials support victims. They do not serve as a family’s civil lawyer.
Your claims for money damages and accountability beyond a sentence happen in civil court. Those rights come from Tennessee’s wrongful death framework, including who may sue and what may be recovered.
Who Speaks For The Family
A private wrongful death lawyer represents the family in civil court. That lawyer’s duty is to the family only.
Tennessee’s statutes set a priority order for who may bring the claim. The right usually starts with the surviving spouse. If there is no spouse, it may pass to children, then to the personal representative of the estate, or to parents in some situations. See Tenn. Code Ann. § 20-5-106.
Tennessee treats wrongful death as a continuation of the decedent’s personal injury claim. That structure affects which damages are available and how they are measured. See Tenn. Code Ann. § 20-5-113.
Families often open an estate so a personal representative can sign subpoenas, request records, and finalize any settlement for adult and minor beneficiaries.
Filing Deadlines You Need To Know
Tennessee’s default limit for personal injury and wrongful death is one year. See Tenn. Code Ann. § 28-3-104.
There is an important exception. If the same incident leads to criminal charges, the filing period can extend to two years when conditions in § 28-3-104 are met. Families should still act within a year while a lawyer confirms the extension applies to their facts.
What A Civil Lawyer Actually Does
Work starts with preservation. Evidence letters go to the at-fault driver’s carrier, the decedent’s underinsured motorist carrier, towing yards, and any bar or restaurant that may have served the driver. That protects vehicle data, video, and point-of-sale logs.
Official records come next. That includes the crash report, scene photos, diagrams, and toxicology. Serious reconstructions may involve the Tennessee Highway Patrol Critical Incident Response Team, which assists with major crash investigation and reconstruction.
Independent investigation fills gaps. Businesses along the route may have security video. Witnesses not listed in the police report can be found. In dram shop cases, the lawyer tracks receipts, training records, and video from the alcohol seller.
The damages picture is built with documents and testimony. Funeral and burial bills, medical records, earnings records, and careful statements about daily life all matter.
The lawyer also manages insurance sequencing. Primary coverage is tendered first. Underinsured motorist steps come next if limits are low. Tennessee’s UM/UIM procedures in Tenn. Code Ann. § 56-7-1206 include notice and consent rules when settling liability limits, so the UM/UIM claim stays open.
Criminal Restitution Versus Civil Damages
Criminal judges can order restitution for out-of-pocket losses at sentencing. Restitution depends on the defendant’s ability to pay and does not replace a civil recovery.
Civil damages in Tennessee wrongful death may include medical expenses from the final injury, funeral and burial costs, the decedent’s lost earning capacity, loss of society and companionship to beneficiaries, and the decedent’s conscious pain and suffering. See Tenn. Code Ann. § 20-5-113.
Punitive damages may be available in intoxication cases when the legal standard is met. That decision turns on the facts and Tennessee case law.
Liability Theories That Commonly Arise
Negligence and negligence per se are the core civil theories against the driver. A DUI violation can support negligence per se when causation and damages are shown. See Tenn. Code Ann. § 55-10-401.
Alcohol sellers may face exposure under Tennessee’s Dram Shop Act. The statute creates narrow liability for illegal sales to a minor or to a visibly intoxicated adult when that illegal sale directly causes the injury or death. The plaintiff must meet a beyond a reasonable doubt burden in these civil claims. See Tenn. Code Ann. §§ 57-10-101 and 57-10-102.
Social hosts who serve adults are generally not liable under the dram shop statute. Liability questions are different when alcohol is furnished to minors, which can create duties under Tennessee case law outside the statute.
Evidence That Often Decides These Cases
Objective data carries weight. Event data recorders show speed and braking just before impact. Police toxicology confirms alcohol or drugs. Crash teams document lanes, distances, and crush damage. The Tennessee Highway Patrol CIRT unit explains how reconstruction works and when the unit is called in.
In alcohol-service cases, proof is often digital. Point-of-sale logs, receipts, and security video can show service patterns and visible intoxication. These systems overwrite fast, so preservation letters cannot wait.
Witnesses and family testimony fill in human loss. That evidence ties the legal record to real life without spectacle.
The Role Of UM/UIM Coverage
Many drivers carry low limits. Underinsured motorist coverage on the decedent’s policy can fill gaps.
Tennessee’s statute sets the steps for notice, consent, and options if the at-fault driver offers policy limits. Doing it in the wrong order can forfeit coverage. See Tenn. Code Ann. § 56-7-1206.
How Criminal And Civil Cases Interact
Criminal and civil cases move at different speeds. A civil suit can be filed while the criminal case is pending. Many families file to protect deadlines and then coordinate with the prosecutor to avoid conflicts.
A criminal conviction can simplify pieces of the civil case. Waiting for that conviction can risk the deadline. The two-year extension tied to criminal charges may apply, but lawyers still build the civil file early to protect evidence and position the claim.
Restitution orders and civil settlements should be coordinated so payments are credited correctly. The prosecutor’s victim-witness unit can share court dates while the civil lawyer manages damages and insurance.
Tennessee’s Victim Compensation Program
Tennessee runs the Criminal Injuries Compensation Program. It can help with some out-of-pocket costs such as funeral bills and counseling when other sources do not pay. Awards are capped and the program is a payer of last resort. See Tenn. Code Ann. § 29-13-101 et seq.
A civil lawyer can help coordinate the application so records and offsets stay clean if a civil settlement later occurs.
Practical Steps For Families
Keep a folder with funeral receipts, travel costs, and any bills tied to the death. Save texts and emails about the events around the crash. Write down the names of any bars or restaurants that may be involved. If insurers call, refer them to your lawyer.
If you are comfortable, choose one family member to receive updates from the prosecutor’s office. That keeps dates straight and lowers stress.
Mistakes That Complicate Cases
Do not sign a quick release just because a check arrives early. Early settlements favor insurers.
Avoid social media posts about the crash. Defense teams read them. Silence protects you.
Open the estate when counsel advises it. Without a personal representative, it is hard to subpoena records or finalize a settlement for adult and minor beneficiaries.
Why Procedural Knowledge From DUI Cases Helps Victims
A firm that knows DUI procedure and local practice understands how evidence moves through the system. That knowledge helps victims by speeding lawful access to crash files and video. This is about procedural fluency, not a dual role.
A Next Step That Makes Sense
Start by confirming who may act for the claim under the wrongful death statute. Begin preservation of evidence right away. After that, move at a pace your family can manage while counsel does the legal work.
FAQ: Fatal DUI Crashes In Tennessee
Who represents the family after a fatal DUI crash in Tennessee
The district attorney represents the State in the criminal case. A private wrongful death lawyer represents the family in civil court. Victim-witness coordinators give updates and support but do not act as your private counsel.
Can the criminal case cover our losses
A judge may order restitution for concrete out-of-pocket costs. Restitution depends on the defendant’s ability to pay and is narrower than civil damages. Civil cases can cover medical bills from the final injury, funeral and burial costs, lost earning capacity, companionship losses, and conscious pain and suffering.
How long do we have to file a wrongful death case
The general limit is one year. If the same event leads to criminal charges, Tennessee law can extend the period to two years when the statute’s conditions are met. Do not wait for the extension unless counsel confirms it applies to your facts.
Who can bring the lawsuit for the family
Priority usually starts with the surviving spouse, then may pass to children, the personal representative, or parents in specific situations. Courts follow the priorities in Tennessee’s wrongful death statutes.
Can a bar or restaurant be sued for overserving the driver
Possibly. Tennessee’s Dram Shop Act allows claims for illegal sales to a minor or a visibly intoxicated adult when that illegal sale directly causes the death. Plaintiffs must prove the illegal sale beyond a reasonable doubt, which is a high burden.
What evidence matters most
EDR downloads, toxicology, crash-scene measurements, and reconstruction files carry weight. In alcohol-service cases, receipts and video are key. Witness statements and family testimony show human loss.
What if the at-fault driver has low insurance limits
You may have an underinsured motorist claim on the decedent’s policy. Tennessee’s statute explains notice and consent steps that protect coverage when you settle the liability limits.