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Michigan’s Drunk Driving Accident Lawyers

 Michigan drunk driving accident

Drunk driving is a dangerous behavior that can lead to tragic consequences on the road. About 37 people die in the U.S. every day in drunk-driving accidents, with 13,524 preventable alcohol-impaired driving deaths in 2022 alone.

If you or a loved one was a victim of a drunk driving crash, speak with our Michigan car accident lawyer at Cochran, Kroll & Associates, P.C. in a free and confidential consultation. We understand the physical and emotional harm caused by intoxicated drivers and can seek a fair settlement on your behalf.

We can assist you in holding the drunk driver and the negligent establishment responsible for the auto accident, representing you with compassion, skill, and integrity during this challenging time.

Drunk Driving Statistics in Michigan

Michigan has a serious problem with drunk driving accidents, with a total of 9,331 total alcohol-involved crashes in 2022. Here are alarming statistics from the most recent statewide report that highlight the consequences of intoxicated driving in the state:

How Many People Suffered Injuries from Alcohol-Related Accidents?

In 2022, 4,447 people were injured in alcohol-involved crashes. There were a total of 3,276 injury crashes in the state associated with alcohol use. 

How Much Property Damage Does Drunk Driving Cause?

Property damage happened in 4,570 crashes due to alcohol in 2022, resulting in harm to property like vehicles, personal belongings, and structures like street lights, telephone poles, and other structures.

What is the Number of Fatalities from Accidents Involving Alcohol?

There were 191 drunk driving crashes resulting in death in 2022, with 205 deaths.

What is the Legal BAC Level in Michigan?

Michigan has different blood-alcohol content (BAC) laws based on the age of the driver. For anyone 21 and over, the legal limit is .08%. This lowers to .02% for anyone under 21.

Which Month Has the Most Drunk Driving Crashes?

In 2022, Michigan saw the most drunk driving crashes in October, with 856 deaths. December was the second-most deadly, with 828 fatalities, followed by July (813), January (807), and May (796).

When Do Most Drunk Driving Accidents Occur?

Saturday was the deadliest day for alcohol-involved crashes, with 2,134 deaths in 2022. Sunday was the second-most fatal, at 1,852 deaths, while Friday had 1,511 fatalities. These crashes mainly occurred between 9 p.m. and 3 a.m., with the period between 9 p.m. and midnight being the most dangerous.

What Age Group Has the Most Alcohol-Related Crashes?

Accident victims between 25 and 34 experienced the most alcohol-related crash fatalities, followed by those between 35 and 44. Male drivers died at a higher rate than female drivers in both categories.

How Alcohol Impairs Driving Ability

Alcohol is a major hazard for drivers and other road users due to the way it impairs coordination and reaction times. When you operate a vehicle after drinking, even if it’s a small amount, it can affect your 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
0.02%
  • Lapse in judgment
  • Inability to multitask
  • Shift in mood
  • Visual impairment
0.05%
  • Lack of coordination
  • Trouble following moving objects
  • Steering issues
  • Difficulty responding to emergencies
0.08%
  • Impairment of perception and self-control
  • Having trouble remembering memories
  • Inability to focus
  • Uncontrollable speed
0.10%
  • Decline in reaction time and control
  • Unable to maintain lane position and brake
  • Slurred speech
0.15%
  • Incapacity to control the vehicle
  • Hearing loss
  • Lack of balance
  • Possible nausea and vomiting

Michigan Drunk Driving Laws

Michigan has strict laws against drunk driving. It’s illegal to operate a vehicle under the influence in the state; although specific BAC levels are outlined in the statutes, you can be pulled over if you are visibly intoxicated or exhibit erratic driving behaviors. Here’s a closer look at what the law says:

How Does Michigan Define Drunk Driving?

MCL 257.625 defines drunk driving in Michigan. The statute says operating while intoxicated falls under these categories:

  • The person is under the influence of alcohol (it can also include a controlled or another intoxicating substance)
  • The person has a BAC of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (21 and over)
  • The person has a BAC of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (has higher penalties)

Michigan Drunk Driving Charges

Driving under the influence can result in severe penalties, classified mostly as felonies. The basic charge involves operating a vehicle under the influence of alcohol or drugs with penalties including the following:

  • If BAC is below .17 and this is a first offense:
    • Up to $500 fine
    • Up to 93 days in jail
    • Up to 360 hours of community service
    • Up to 180 days license suspension
    • 6 points on a driver’s license
  • If BAC is .17 or higher and this is a first offense:
    • Up to $700 fine
    • Up to 180 days in jail
    • Up to 360 hours of community service
    • Up to one-year license suspension
    • 6 points on a driver’s license
    • Mandatory completion of an alcohol treatment program
    • After 45 days of license suspension, ignition interlock devices are mandatory to qualify for a restricted driver’s license. Convicted drunk drivers can only drive with an approved and correctly installed ignition interlock device.

Refusal to Take a Preliminary Breath Test (PBT)

A breathalyzer is a device that measures blood alcohol content (BAC) from a breath sample. It is commonly used during traffic stops or at the scene of an accident when a driver is suspected of driving under the influence.

If a driver refuses a breath test for the first time, they automatically receive a one-year driver’s license suspension. If they refuse a second time within seven years, the suspension extends to two years. This measure discourages drivers from avoiding BAC testing during traffic stops.

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. If you’re a victim of a drunk driving accident, you’ll want to obtain a copy of this report for your Michigan car accident claim.

The police report will contain information that our Michigan drunk driving accident lawyers at Cochran, Kroll, & Associates, P.C. can use to bolster your case. For instance, it will record the date and time of the accident and details the officer noticed about the other driver’s demeanor or visible intoxication.

It may also document breathalyzer results that prove the other driver’s level of intoxication. This can help you when seeking compensation for your medical expenses and other damages.

Who Can You Sue for a Settlement In Drunk Driving Accident?

If you or a family member is injured in a drunk driving collision, you can sue two main parties for compensation: the intoxicated driver or the establishment that sold or served them alcohol.

Suing the Other Driver

When you’re hurt by another’s negligence, a Michigan drunk driving accident lawyer can help you sue the at-fault party for excess medical bills and lost wages. You can 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 establish non-economic losses, your injuries must meet the threshold of serious bodily impairment, affecting an essential body part and your capacity to lead a normal life. The impairment must be observed and recognized by someone other than yourself, such as your doctor, who can diagnose it and document it in your medical records. These records are critical for demonstrating how the severity of your injuries impacts your quality of life.

Suing Under 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 at Cochran, Kroll, & Associates, P.C. 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 will notify the establishment within 120 days of entering the client-attorney relationship to abide by the statutory notice period and preserve your right to sue.

Michigan drunk driving accident Lawyers

Do Insurance Companies Pay for Drunk Driving Crashes?

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.

At Cochran, Kroll, & Associates, P.C., we can help you understand what you can claim under the limits of your auto insurance policy. Our team will help you put together your claim for no-fault benefits with your auto insurance company based on your medical records and police reports.

The insurance company of the drunk driver can offer settlements to injured victims, including the driver and passengers in the vehicle at the time. Additionally, if an uninsured or underinsured motorist seriously injured you, you can file a claim under your auto insurance policy for uninsured/underinsured motorist coverage to help cover your expenses.

How Much are Settlement Payouts?

Your settlement payout for a drunk driving accident will depend on your specific damages. Generally, you can obtain competition for the following:

  • Medical care. This covers all health-related expenses incurred due to the accident, including ongoing and future treatments. The severity and duration of injuries can influence the overall settlement amount.
  • Lost wages. This addresses income lost due to the accident and potential future earnings lost if your ability to work has been impacted long-term.
  • Pain and suffering. Settlements for pain and suffering cover the physical pain and emotional trauma resulting from the accident. The settlement amount may increase depending on the severity and impact of the discomfort experienced.
  • Scarring and permanent disfigurement. Compensation for scarring and disfigurement covers the lasting physical marks, often leading to higher payouts due to the permanent nature of these injuries.
  • Emotional distress. This covers the psychological impacts of the accident, such as anxiety, depression, and PTSD, which are evaluated based on their severity and effect on everyday life.
  • Property damage. Under Michigan’s mini-tort law, you can claim up to $3,000 for vehicle damage if the other driver is at least 50% at fault and the damage isn’t covered by your insurance. This provision allows drivers to recover some costs for damages not reimbursed by their insurance policy.

Is There an “Average” Settlement for a Drunk Driving Accident?

The average car accident settlement can vary widely, ranging from tens of thousands to millions of dollars. At Cochran, Kroll, & Associates, P.C., we have successfully secured substantial compensation in auto accident claims that align with these amounts, including:

  • $3.3 million for a victim who was disfigured
  • $1.3 million for a child who was hit and killed
  • $80,000 for a woman whose leg was broken in a collision

Our qualified team of lawyers, including senior partner attorney and registered nurse Eileen Kroll, will find all possible sources of compensation and fight for maximum financial support.

For instance, in drunk driving cases, you may be able to pursue exemplary damages, which award you extra compensation for the other party’s wanton or malicious behavior. Eileen can use her medical knowledge to highlight your pain and suffering from the accident, helping you win all the funds you are entitled to.

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% to qualify for compensation, including non-economic damages.

Our lawyers can gather evidence to show that you were following all traffic rules at the time of the accident, minimizing fault and winning you full compensation.

How Cochran, Kroll & Associates, P.C. Can Help You After a Drunk Driving Accident

Our skilled Michigan drunk driving accident lawyers at 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 will 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
  • Connect you with vital resources like Mothers Against Drunk Driving – Michigan Chapter and Responsibility.org to help you after the crash.

Compassionate Support for Victims of Drunk Driving

If you’ve been involved in a drunk driving accident in Michigan, you have the right to be compensated for lost wages, medical bills, and pain and suffering. The experienced attorneys at our law firm know the law, and we know how to get you justice for your injuries. Contact us today to talk to a Michigan drunk driving accident lawyer and learn your legal options.

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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