Michigan Drunk Driving Accident Lawyers

What are Michigan’s Drunk Driving Laws?

Under Michigan state law, it is a crime to operate a motor vehicle with a blood alcohol content (BAC) of .08 or higher if over the age of 21. For people younger than 21 and not legally allowed to consume alcohol, the limit is .02 BAC or higher. If a motorist gets behind the wheel with a BAC higher than .17, this comes with more significant penalties. Furthermore, anyone operating an automobile can be arrested for DUI if they exhibit signs of impairment while driving, regardless of their BAC level.

Michigan takes drinking and driving seriously. A first offense with a BAC under .17 comes with up to a $500 fine, a maximum of 93 days in jail, up to 360 hours of community service, and a maximum of 180 days of license suspension. The drunk driver also receives six points on their driver’s license. Intoxicated drivers who test more than .17 BAC see higher fines, jail time, and license suspension. Michigan also utilizes ignition interlock use for drivers with limited driving privileges.

Common Injuries Sustained in Drunk Driving Accidents

Sadly, it is common for a victim of a drunk driving accident to endure long-term or permanent suffering due to the negligent and irresponsible behavior of those who decide to drive while intoxicated. The following is a list of serious injuries commonly sustained by Michigan drunk driving accident victims.

Traumatic Brain Injury (TBI)

A TBI is caused by a forceful jolt, bump, or blow to the head or body. Concussions are amongst the mildest forms of TBI, and even they can have long-term effects. When a car accident victim suffers a moderate or severe TBI, they often suffer long-term or permanent physical, cognitive, and emotional disabilities. Not all TBI symptoms appear immediately. Some occur days, weeks, or even months after a crash.

Spinal Injury

A spinal cord injury occurs when a person suffers damage to the bundle of cells and nerves that communicate between the brain and the body. Common spine injuries associated with a car accident include disc injuries, sprains, strains, stenosis, spinal compressions, and deformities.

Broken Bones

People who experience a DUI car crash often suffer broken bones. The most frequently injured areas of the body are extremities that hit the car upon impact, such as legs, wrists, and noses.

Soft Tissue Injury

Injury to soft tissues, such as muscles, tendons, ligaments, and whiplash, are common in DUI auto accidents and can lead to prolonged suffering. Other injuries, such as sprains, strains, contusions, tendinitis, and bursitis, also fall under the soft tissue injury category.

Organ Damage

Due to the hard impact of a crash, it is common for drunk driving accident victims to sustain organ damage or internal bleeding. Many of these injuries can have long-term effects or be life-threatening.

Burns

In severe car crashes, one or more vehicles may catch fire. If this occurs, victims inside the cars may suffer burns, causing scarring, personal disfigurement, infections, and emotional trauma.

Mental Trauma

Car accident victims often suffer mental trauma from a crash, resulting in long-term mental anguish, including, but not limited to, panic attacks, depression, anxiety, and PTSD.

Wrongful Death

All Michigan car accidents involving drunk driving have a level of tragedy, but the most tragic is when an innocent person loses their life due to the reckless actions of a drunk driver.

Can I Sue a Drunk Driver for an Accident?

In Michigan, a drunk driver is liable for all injuries sustained in their DUI accident, including the other driver(s), passengers in other vehicles, passengers in their own vehicle, pedestrians, and cyclists. If your injuries are severe, you can also file a civil lawsuit to seek compensation for your physical injuries, medical expenses, and the pain and suffering you endure due to the DUI accident.

A drunk driver can be held accountable in both a civil lawsuit and a criminal case. In a civil case, the victim brings a case against the drunk driver to obtain compensation to help pay for the physical and emotional suffering they have gone through as a direct result of the drunk driving accident. No criminal sentences are issued in a civil suit.

A criminal case is brought to court by a prosecutor or city attorney who pursues conviction and sentencing as punishment for drunk driving. In this case, the prosecutor stands up for the public and the victim to hold the drunk driver responsible for their actions. A judge will reach a verdict and determine sentencing for the drunk driver, which can include probation, jail, restitution, fines, community service, or a combination of any of these sentences.

Michigan’s Dram Shop Act and How It Can Affect Your Case

The state of Michigan has what is called a “Dram Shop Act.” This law holds establishments (or hosts) that sell alcohol partially responsible for drunk driving. Essentially, establishments are responsible for using sound judgment and not serving alcohol to visibly drunk or underage patrons.

To use the Michigan Dram Shop Act, drunk driving accident lawyers must show evidence that the drunk driver was served alcohol while visibly intoxicated shortly before they got behind the wheel. Dram shop cases can be difficult to win since they usually require witness testimony to recount the drunk driver being visibly impaired — a BAC is not enough evidence to successfully sue an establishment.

If you want to pursue a case using the Dram Shop Law, you must do so quickly. You only have 120 days from the drunk driving accident date to inform the establishment of your intent to pursue a claim. Speak with a knowledgeable Michigan drunk driving accident lawyer to learn more about pursuing a dram shop lawsuit and receiving a related accident settlement.

What if I Was Partially Responsible for the Accident?

If you were partially at fault for causing an accident with a drunk driver, Michigan Law follows comparative negligence to determine damages. This means the court will calculate the percentage of fault that was yours and reduce your settlement by that amount. For example, if you are found to be 20 percent at fault, your Michigan car accident settlement will be reduced by 20 percent. The drunk driver would be responsible for 80 percent of the accident settlement amount. Some reasons you may be found partially at fault include distracted driving, which includes texting while driving, as well as speeding, rolling through a stop sign, or ignoring a traffic light.

Navigating Insurance Claims After a Drunk Driving Accident in Michigan

Under Michigan’s no-fault insurance laws, the drunk driver’s insurance company is responsible for paying out personal injury protection (PIP) settlements to individuals injured in a DUI crash, including those in the car with the drunk driver. If the drunk driver does not carry insurance, you can file a claim with your own — or a family member’s — insurance policy under the policy’s uninsured motorist provision.

How Long Do I Have to Sue a Drunk Driver After an Accident?

In Michigan, you have three years from the date of the drunk driving accident to file a suit against a drunk driver or the owner of the vehicle that was being driven drunk. This deadline may be extended if the injured victim was under 18 at the time of the crash. You have 120 days to notify the establishment that served alcohol to the drunk driver about any intent to pursue a case against them under the dram shop law. You have two years from the date of the accident to file a dram shop lawsuit. If you intend to pursue a dram shop lawsuit, consult with a Michigan car accident attorney to begin the process before the deadline has passed.

How a Michigan Drunk Driving Accident Attorney Can Help You Seek Compensation

The Michigan drunk driving accident lawyers at Matz Injury Law will investigate all aspects of the drunk driving accident, gather evidence, and obtain the police report of the OWI (operating while intoxicated) or DUI arrest, including the blood alcohol and toxicology reports and eyewitness statements. We will also follow the criminal case against the drunk driver. If available, we will subpoena video from the establishment that served the drunk driver alcohol, along with footage from traffic cams, 911 call recordings, and police video.

As part of building a strong legal case for you, we will also work closely with your doctor or other medical experts to understand the medical care you must receive now and in the future. Our drunk driving accident lawyers will also make a full accounting of your economic and noneconomic losses for inclusion in your claim. After we build your case, we’ll seek compensation from every possible source, including the drunk driver’s liability coverage and the bar or restaurant that served the drunk driver alcohol.

Your Michigan drunk driving accident attorneys will also keep track of communications with insurance companies and hire any necessary experts to support your claim.

What to Look for in a Drunk Driving Accident Attorney

Drunk drivers put everyone on the road at risk. Their reduced reflexes and judgment while behind the wheel can critically injure or kill themselves and those around them. You deserve compensation if you or a loved one has been injured or killed in a drunk-driving car accident.

Most Michigan personal injury lawyers work under a contingency fee model, meaning they charge a percentage of your settlement or court-awarded compensation. They only get paid if you win your case. Most law firms charge 33 ⅓ percent of your settlement, the legal maximum the Supreme Court allows. At Matz Injury Law, we charge 22 percent. That means more of your Michigan car accident settlement stays in your pocket to help with medical bills, property damage, or any non-economic damages and losses you’ve suffered due to the alcohol-related crash. This is why our motto is “22, not 33.”

You should look for drunk driving accident lawyers that have successfully fought for settlements for their clients and are willing to communicate with you and treat you compassionately while fighting for everything you deserve. At Matz Injury Law, we have won several DUI cases, including a $1.74 million settlement against a 19-year-old drunk driver and the fraternity where he was drinking immediately prior to a head-on collision that killed a 52-year-old husband and father of three children.

Our Michigan drunk driving accident lawyers are passionate about helping DUI victims and are highly experienced in pursuing justice in drunk driving cases. You won’t be passed off to an assistant or paralegal to manage the details associated with your case. At our law office, your personal injury attorneys will personally and actively work on all aspects of your case and will always be available to you.