Michigan’s Drunk Driving Accident Lawyers
The Michigan drunk driving attorneys at Cochran, Kroll & Associates, P.C, represent victims of alcohol-related accidents. We hold intoxicated drivers and irresponsible establishments accountable for the harm caused by a drunk driving accident.
Our personal injury attorneys understand the physical and emotional harm caused by drunk drivers. If you are a victim of a drunk driving accident, we will represent you with compassion, skill, and integrity, ensuring you receive a fair settlement.
Drunk Driving Statistics in Michigan
How Many People Suffered Injuries from Alcohol-Related Accidents?
In 2021, out of 71,246 crashes resulting in injuries, 4,364 people sustained injuries from accidents involving alcohol.
How Much Property Damage Does Drunk Driving Cause?
The number of drunk driving accidents resulting in property damage numbered 4,820 in 2021.
What is the Number of Fatalities from Accidents Involving Alcohol?
230 people died in alcohol-related accidents in Michigan in 2021.
What is the Legal BAC Level in Michigan?
The state of Michigan considers driving with a BAC (blood alcohol content) of .08 or greater for drivers over the age of 21 an offense. This crime also applies to those under 21 with a BAC of .02 or higher.
However, according to the Michigan State Police, over 4,714 drivers had BAC levels of . 10 to . 16 when they took the breathalyzer test. These levels are nearly double Michigan’s legal BAC level.
Which Month Has the Most Drunk Driving Crashes?
July had the most accidents involving drivers who had been drinking alcohol in 2021. The number of deaths resulting from these accidents reached its peak in August.
When Do Most Drunk Driving Accidents Occur?
Saturday had the most alcohol-related collisions at 41.8% in 2021. 52.5% of fatal crashes involving alcohol happened between 12:00 a.m. and 2:59 a.m.
What Age Group Has the Most Alcohol-Related Crashes?
Among male drivers, 31.2% of drivers were aged 25 to 34 years. They had the highest amount of drunk driving accidents resulting in injuries, property damage, and death. The percentage is lower for female drivers between the ages of 25 to 34 at 21.9%.
How Alcohol Impairs Driving Ability
Drunk driving is a major problem in the United States, with many preventable traffic accidents caused by intoxicated drivers. It is not unusual for drunk drivers to express disbelief or denial about their level of impairment, but even after a couple of drinks, their driving ability is compromised.
A standard alcoholic drink is defined as:
- 12 ounces of beer (5% alcohol)
- 5 ounces of wine (12% alcohol)
- 1½ ounces of 80 proof liquor (40% alcohol)
Even the smallest amount of alcohol can affect driving skills. With every increase in BAC levels, there is a greater risk of losing physical and visual control over a vehicle.
|Blood Alcohol Concentration
|Effects on Driving
Is Drunk Driving Negligence?
An individual who gets behind the wheel and operates a motor vehicle while under the influence of alcohol is negligent. This is because driving while intoxicated is considered a failure to use ordinary care that a reasonably careful person would use.
Claims against drunk drivers include reckless driving, negligence, and violation of Michigan statute MCL 257.625. These claims provide the legal basis for an at-fault lawsuit in a Michigan car accident.
Do I Need to File a Report After a Drunk Driving Accident?
Michigan law requires drivers to report any car crash that causes more than $1,000 in property damage, damage to an unattended vehicle or other property, or if it results in injury or death.
A police report is also an important piece of evidence that can support your insurance claim or personal injury lawsuit.
What are Michigan’s Dram Shop Laws?
The Dram Shop Act prohibits commercial establishments from providing alcohol to patrons who appear intoxicated. If a bartender served alcohol to a visibly drunk patron and they caused your accident, this law allows you to sue the establishment.
To establish a proximate cause, our drunk driving accident lawyers can interview witnesses and hire investigators to prove that the establishment served alcohol to the intoxicated driver before the accident.
If we determine Michigan’s Dram Shop laws were violated, we must provide notice to the establishment within 120 days of entering the client-attorney relationship. This is known as the statutory notice period.
Michigan’s No-Fault Auto Insurance Law
Michigan requires all vehicle owners to carry a no-fault auto insurance policy. The personal injury protection (PIP) in your policy can cover your medical bills and lost wages after a drunk driving accident. You can also obtain household replacement services and attendant care such as cleaning and cooking if your injuries leave you unable to care for yourself.
We can help you understand what you can claim under the limits of your auto insurance policy. We can help you put together your claim for no-fault benefits with your auto insurance company, based on your medical records and police reports.
Can I Sue the Drunk Driver for the Accident?
Anyone involved in the accident can sue for excess medical bills and lost wages. They may also file for non-economic damages such as pain and suffering from the liable party if the accident causes severe bodily injury, permanent disfigurement, or wrongful death.
To prove you sustained non-economic losses, your injuries must pass the threshold of serious bodily impairment. This injury must have affected a critical body part and affected your ability to lead a normal life.
A person other than you, such as your doctor, must observe and perceive the impairment. Your doctor can diagnose your impairment and record it in your medical records. These records can be useful to demonstrate the severity of your injuries on your quality of life.
What Damages Can I Collect?
Michigan’s no-fault insurance laws provide for the following non-economic damages:
- Pain and suffering from your injuries as a result of the accident
- Scarring and permanent disfigurement
- Fright and shock
- Mental anguish
In addition, you may also sue for vehicle damage for up to $3,000 under Michigan’s mini-tort law. The other driver must be at least 50% or more at fault for the accident that damages your vehicle and isn’t covered by your insurance policy.
How Does Comparative Fault Affect My Settlement or Award
Michigan’s modified comparative fault law recognizes that the actions of both parties might have contributed to the accident. The law reduces your award by the percentage of fault you bear for the accident. It requires you to show that your fault in the accident was less than 51% for you to qualify for compensation, including non-economic damages.
Do Insurance Companies Pay Settlements for Drunk Drivers?
The drunk driver’s insurance company can offer settlements to injured victims. These include passengers who were in the car at the time. If you were seriously injured by an uninsured or underinsured driver and the driver pays you a settlement, you can file a claim for uninsured/underinsured motorist coverage in your auto insurance policy to help cover you.
However, insurance adjusters may attempt to deflect liability onto you as much as possible. They can use these tactics to pay you a smaller settlement or deny your claim.
How Cochran, Kroll & Associates, P.C. Can Help You After a Drunk Driving Accident
The dedicated attorneys at the law firm of Cochran, Kroll & Associates, P.C. can help establish that the drunk driver who hit you was negligent and caused your injuries. We can also investigate if the establishment that sold the liquor to the drunk driver should be held liable. We can take these steps to build up a strong case:
- Obtain police reports, including the breathalyzer results and toxicology report
- Subpoena critical pieces of evidence, such as 911 calls and surveillance footage, to determine what happened before and after the accident
- Interview witnesses who saw the accident for their testimonies
- Collaborate with toxicology experts and accident reconstructionists to investigate the facts of the accident and establish your case
How Much Do Personal Injury Lawyers Charge for Drunk Driving Cases?
Our Cochran, Kroll & Associates, P.C. drunk driving accident lawyers represent victims under a contingency fee agreement. This agreement allows victims and their loved ones to get the legal representation they deserve without paying legal fees unless a settlement or jury verdict is reached.
We provide a free consultation to discuss your claim and see if it has merit and can be won. Once you retain our law firm, we advance all costs and expenses in your case and do not seek reimbursement until the case is settled.
Michigan Drunk Driving Resources
- Mothers Against Drunk Driving – Michigan Chapter
- Michigan State Police Drunk Driving Audit
Compassionate Support for Victims of Drunk Driving
If you’ve been involved in a Michigan car crash as the result of a drunk driver, you have the right to be compensated for lost wages, medical bills and pain and suffering. Our Michigan drunk driving attorneys know the law and we know how to get you justice for your injuries.
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.
RESULTS-DRIVEN TRACK RECORD
Medical Malpractice / Birth Injury
A young couple from Monroe, Michigan, was awarded a $15.8 million verdict as the result of their baby son, Jason, being inflicted with Cerebral Palsy as the result of an error during the final stages of a labor.
Result: $15.8 Million
Medical Malpractice/Wrongful Death
Oakland County, Michigan
While in the hospital a mother of three was not properly treated for a closed-head injury causing her untimely death.
Result: $1 Million
Accidents & Injuries/Brain Injury
A Livonia pedestrian recovered $1.4 million when he was struck by a commercial van resulting in a traumatic brain injury in Redford, Michigan.
Result: $1.4 Million
Medical Malpractice / Misdiagnosis
Wayne County, Michigan
Patient suffered cardiac arrest and brain damage when a hospital failed to recognize internal bleeding and treatment was delayed for more than 14 hours.
Result: $9 Million
Accidents & Injuries/Auto Accident
Tuscola County, Michigan
A Tuscola County jury awarded $3.3 million to a severely brain injured motorist as the result of a defective Michigan highway.
Result: $3.3 Million
Accidents & Injuries/Construction Site Injury
A seventeen-year-old construction worker suffered a traumatic brain injury resulting from a fall in Flint, Michigan, and was awarded $1.25 million.
Result: $1.25 Million
Wayne County, Michigan
Middle-aged woman suffered severe disfiguring facial burns from a simple surgical procedure.
Result: $1.9 Million
Medical Malpractice / Birth Trauma
Child developed cerebral palsy with developmental delays due to lack of oxygen and brain injury during labor and delivery.
Result: $3.8 Million
Accidents & Injuries/Construction Site/Workplace Injury
A Westland construction worker recovered $1.5 million after sustaining a traumatic brain injury while on a construction site in Detroit, Michigan.
Result: $1.5 Million
Accidents & Injuries/Truck Accident
A Marlette, Michigan, family reached a $1.3 million settlement in the traffic death of their 5-year-old son when they were struck by a semi truck.
Result: $1.3 Million
Medical Malpractice/Cancer Misdiagnosis
The misdiagnosis of breast cancer resulted in a Redford, Michigan, woman recovering $225,000.
A construction worker redeemed his worker’s compensation case for $125,000 in Detroit, Michigan.
Accidents & Injuries/Auto Accident
A paraplegic woman from Monroe, Michigan, recovered Michigan no-fault benefits including the purchase of a new home and attendant care in excess of $400,000.
Medical Malpractice/Birth Injury
Brighton, Michigan; Detroit, Michigan
A Brighton family recovered $1.3 million and a Detroit family recovered $900,000 as the result of birth injuries and medical malpractice to their children.
Accidents & Injuries/Auto Accident
Bay City, Michigan
A Bay City grandmother was awarded $80,000 following an auto accident resulting in a broken leg.