Drunk Driving Accident Lawyer in Michigan
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Drunk Driving Accident Lawyer in Michigan

Drunk Driving Accident Lawyer in Michigan

The aftermath of a drunk driving accident can be devastating, with accident victims often facing serious injuries and long recovery times. Unfortunately, far too many people continue driving under the influence. Even though Michigan law forbids anyone from operating a vehicle with a blood alcohol content (BAC) of 0.08 or higher, over 9,000 drivers blew BACs higher than .10 in 2021.

If a drunk driver has injured you or a loved one, the Michigan car accident attorneys at Cochran, Kroll & Associates, P.C. can help you pursue a personal injury claim against the other driver. Our team of lawyers has years of experience handling auto accident claims in Michigan, including drunk driving claims, and will work tirelessly to ensure you get the highest settlement possible.

Michigan’s No-Fault Law: What to Know

Michigan is a no-fault state, meaning both parties will be compensated by their respective insurance companies if they get into a car accident. Personal Injury Protection (PIP) insurance covers accident expenses like medical bills and missed wages due to the accident.

In most cases, Michigan’s no-fault law prevents you from filing a personal injury claim against a drunk driver. For example, you can only file a claim with your insurance for calculable financial losses and cannot claim pain and suffering.

However, Michigan’s tort liability law allows for some exceptions. According to this statute, you can file a claim directly against the drunk driver if:

  • You or a loved one were left severely disabled or disfigured from the crash
  • A loved one died in the crash
  • The drunk driver resides somewhere other than Michigan and doesn’t carry Michigan car insurance’
  • The crash occurred in a state other than Michigan

If you are involved in an accident, contact an attorney with Cochran, Kroll & Associates, P.C. We can review your case to determine if you can seek additional damages from a drunk driver and file a claim against the negligent party on your behalf.

Proving Liability for a Drunk Driving Accident in Michigan

For a driver to be held liable for a car accident, they must have acted negligently or in a way that directly led to the crash. Proving that a drunk driver was responsible for a car accident can be difficult without the help of a skilled attorney.

Are Drunk Drivers Always Responsible for Drunk Driving Accidents?

Even though drunk driving is a reckless, dangerous act, a drunk driver may not have directly caused the accident. To hold the drunk driver liable for your damages, you must have evidence that their actions led to the collision.

Our personal injury attorneys at Cochran, Kroll, & Associates, P.C. can help you gather proof of the intoxicated driver’s negligence, such as video footage of them drifting between lanes or speeding, to prove they caused the accident.

Michigan’s Dram Shop Laws

In some cases, the person who served alcohol to the drunk driver can also be held liable. Michigan’s dram shop laws explicitly prevent bars and other public establishments from serving alcohol to minors or anyone who is visibly intoxicated. If they do so anyway, and the drunk person seriously injures you in a crash, you can hold the driver and bar responsible for your damages.

However, you may not know whether or not the drunk driver came from a bar before your accident. Our auto accident lawyers at Cochran, Kroll & Associates, P.C. can help you collect evidence of the driver’s liability and the bar’s violation of Michigan’s dram shop laws.

For instance, we can request a drunk driver’s credit card and bank statements to determine if they purchased alcohol shortly before the crash.

Driving Accident in Michigan

Damages You Can Pursue After a Drunk Driving Accident in Michigan

If you have sufficient grounds to file a claim against the other driver, you can seek compensation for economic damages above what your PIP insurance covers. You can also seek non-economic damages for physical and emotional pain.

An attorney at Cochran, Kroll, & Associates, P.C. can help you seek a settlement for the following damages:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
  • Loss of consortium (companionship)
  • Wrongful death

If you’re pursuing damages after a drunk driving accident, contact Cochran, Kroll & Associates, P.C. Our attorneys will help you determine what damages you can seek in your car accident claim and build a strong claim against the drunk driver.

How a Drunk Driving Accident Attorney Can Help

An auto accident attorney from our law firm can help you with all aspects of your drunk driving accident case. We will investigate the circumstances of your accident, help you file your claim with PIP and the other driver’s insurance, negotiate with the insurance company, and estimate an appropriate settlement for your damages.

When you hire one of our experienced car accident lawyers, you can expect your legal team to:

  • Review damages you can pursue and estimate a maximum settlement
  • Gather evidence that the drunk driver is at fault for the accident
  • Write a demand letter to the other party laying out your claim
  • File your claim with the insurance company or in Michigan personal injury courts
  • Negotiate a settlement amount that compensates you fairly
  • Represent you in court to ensure you receive the damages you’re entitled to

Frequently Asked Questions

Victims of drunk driving accidents who are searching for an attorney are likely to have questions about the process. Discover some of the most frequently asked questions about drunk driving accident claims in Michigan.

What Does My Insurance Cover After a Drunk Driving Accident?

Under Michigan’s minimum insurance coverage requirements, your insurance will cover your medical bills, lost wages, and medical services that you require due to the accident, such as an in-home assistant. PIP coverage requires a minimum of $50,000, but you may have a higher limit based on your policy.

PIP doesn’t cover vehicle damage, but you may file a claim to cover car repairs if you have Collision and Comprehensive Insurance. minimum insurance coverage requirements

How Long Does a Drunk Driving Accident Claim Take?

If you file a claim against a drunk driver, you can expect your case to take several months or years, depending on the specific facts of your case and how cooperative the other party is. Cochran, Kroll & Associates, P.C. will make every effort to settle your claim as quickly as possible.

Learn what happens when your personal injury case goes to court.

How Much Does a Michigan Drunk Driving Accident Attorney Cost?

At Cochran, Kroll & Associates, P.C., we work on a contingency fee arrangement, meaning that we don’t ask for compensation unless we win your claim. This payment schedule allows us to work on your case without any upfront payment so you have the best legal representation possible.

Under Michigan’s Administrative Rules of Court, attorneys who work on contingency can only collect up to one-third of your settlement so you won’t pay more than 33% of your compensation to your legal team.

How Long Do I Have to File a Claim?

Michigan law allows you to file a claim against the driver up to three years after the accident. You also have two years to file against any commercial establishment that served alcohol to the person who caused the car accident.

Contact Cochran, Kroll, & Associates, P.C. to discuss your case during a free consultation. We can determine how much time you have to file and plan a winning legal strategy for your claim.

Hire Cochran, Kroll & Associates for Your Drunk Driving Accident Lawsuit

If you or a loved one has been injured due to a drunk driver’s negligence, speak with an experienced Michigan car accident attorney at Cochran, Kroll & Associates, P.C. We can help you recover the compensation you deserve after a drunk driving accident to help you rebuild your life and hold the driver responsible for their actions.

Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.

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