Drunken Driver Rams Vehicle into Family and Tries to Flee
64 year old James Arnold Nichols was charged with vehicular assault, reckless aggravated assault, reckless endangerment, driving under the influence, failure to maintain lane, driving left of center, failure to render aid, leaving the scene of an accident, and suspended license. He is out on bond and has a long history of criminal charges. When police arrived, they could smell alcohol on his breath.
Tennessee Code Annotated section 29-39-102 states that "in a civil action, each injured plaintiff may be awarded...compensation for economic damages suffered by each injured plaintiff." "Compensation for any noneconomic damages suffered by each injured plaintiff [can]not...exceed seven hundred fifty thousand dollars ($750,000) for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death."
"The limitation on the amount of noneconomic damages...shall not apply to personal injury and wrongful death actions...if the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting the defendant's judgment being substantially impaired, and causing the injuries or death; or...if the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries." As noted before, police smelled alcohol on Nichol's breath, thus making him apparently "under the influence."
Vehicular assault is a Class D felony according to Tennessee Code Annotated section 39-13-106. Reckless aggravated assault is a Class D felony pursuant to Tennessee Code Annotated section 39-13-102. DUI can be a felony to a misdemeanor, depending on the conviction for the charge.
If you or a loved one is ever involved in a car accident like this in Tennessee or Georgia, please do not hesitate to contact Advice Law Firm 24 hours a day. The law firm is sorry any of this happened. If you want to seek further justice beyond the criminal law system, the firm has access to a network of attorneys who have extensive experience in car accident and criminal law injuries and cases and can provide comprehensive legal care. Tennessee Code Annotated section 29-39-102 can provide substantial and systematic recovery for you or your loved one.