Sterling Heights Drunk Driving Accident Lawyer

A drunk driving crash in Sterling Heights can leave someone with lasting injuries, financial strain, and emotional loss. Victims and their families often find themselves struggling to recover physically and financially while also coping with the unfairness of what happened. When someone drives drunk, the harm they cause reaches far beyond property damage. If you or someone you care about was hurt or killed in a crash caused by an impaired driver, you have the right to seek accountability.

A Sterling Heights drunk driving accident lawyer from Goodman Acker PC can guide you through the legal process and help you pursue fair compensation for your losses. Our team understands Michigan’s unique no-fault system and the laws that apply to drunk driving cases. We’re here to protect your rights and help you take the next step toward recovery.

If you’re unsure where to start after a serious crash, you can contact our office for a free consultation to discuss your case and legal options.

Key Takeaways: Sterling Heights Drunk Driving Accidents

• Michigan’s drunk driving laws create unique challenges for victims pursuing claims.
• The state’s super drunk and dram shop laws can affect who may be held accountable.
• Victims can recover both economic and non-economic losses depending on injury severity.
• Michigan’s no-fault insurance system covers some damages but limits lawsuits.
• Prompt legal action helps preserve evidence and protect your right to compensation.

What Makes Drunk Driving Accidents Different in Michigan?

Drunk driving accidents often involve more than one responsible party and can trigger both civil and criminal penalties. Michigan’s laws treat impaired driving with seriousness, and these cases sometimes involve special legal provisions that don’t apply in standard car crashes.

Michigan’s Super Drunk Law and Its Impact on Your Case

Michigan’s Super Drunk law applies to drivers with a blood alcohol content (BAC) of 0.17% or higher, which is more than twice the legal limit. The law increases penalties for those convicted, including longer license suspensions and possible jail time. From a civil standpoint, a super drunk driver’s conduct can strengthen your case by showing gross negligence, which may support claims for exemplary damages.

Dram Shop Liability in Michigan

Under Michigan’s dram shop law, bars, restaurants, or stores that serve alcohol to visibly intoxicated customers can share responsibility for resulting crashes. If a bar overserved the drunk driver who hit you, you may have the right to bring a separate claim against that establishment.

Social Host Liability Under Michigan Law

When private individuals serve alcohol at home or at parties, they can sometimes be held accountable for damages caused by an intoxicated guest. This is most common when minors are involved. Michigan law allows lawsuits against adults who knowingly provide alcohol to underage drinkers who later cause harm.

Zero Tolerance Laws for Underage Drunk Drivers

Michigan’s zero-tolerance policy prohibits drivers under 21 from having any measurable alcohol in their system. Even a small amount can lead to charges. For accident victims, this means the driver’s violation can serve as strong evidence of negligence in a civil claim.

How Do Michigan’s No-Fault Laws Affect Drunk Driving Accident Claims?

Michigan’s no-fault insurance system affects how victims recover compensation after any crash, including those caused by drunk drivers. These laws require each driver’s insurer to cover certain losses, regardless of fault, but they also limit when a lawsuit can be filed.

PIP Benefits Available After a Drunk Driving Crash

Personal Injury Protection (PIP) benefits pay for medical care, lost wages, and replacement services like help with daily tasks. These benefits are available through your own auto policy or a family member’s policy, even if the other driver was drunk.

When You Can Step Outside No-Fault to Sue a Drunk Driver

Victims can file a lawsuit for pain and suffering or additional economic losses only if their injuries meet Michigan’s “serious impairment of body function” threshold. When a drunk driver causes severe harm, the law allows the victim to hold them personally accountable in court.

The Serious Impairment of Body Function Threshold

To qualify for non-economic damages, an injury must affect a person’s general ability to lead their normal life. Examples include permanent mobility loss, brain injury, or chronic pain. Courts consider how long the impairment lasts and how it changes daily living.

Excess Economic Damages in Drunk Driving Cases

Sometimes, crash victims lose more wages or have more medical costs than their no-fault insurance covers. These excess economic losses can be recovered from the at-fault drunk driver or their insurer through a liability claim.

What Compensation Can You Recover After a Drunk Driving Accident?

Compensation in these cases depends on the injuries, medical costs, and other measurable effects of the crash. A lawyer helps document every category of loss to strengthen the claim.

Economic Damages Available Under Michigan Law

Economic damages cover measurable losses such as:

• Medical expenses: Hospital bills, rehabilitation costs, surgeries, and medication.
• Lost income: Pay missed due to injury or reduced work capacity.
• Property damage: Vehicle repair or replacement costs.
• Future expenses: Ongoing treatment or long-term care needs.

Non-Economic Damages When the Threshold Is Met

Non-economic damages address personal harm that can’t be measured by receipts. They include:

• Pain and suffering: The lasting effects of injury and discomfort.
• Loss of enjoyment: Inability to participate in activities once part of daily life.
• Emotional distress: Anxiety, grief, or mental strain linked to the crash.

Punitive Damages and Exemplary Damages in Michigan

Michigan doesn’t typically allow punitive damages meant to punish a defendant, but exemplary damages may apply when a driver’s conduct was malicious or showed reckless disregard for safety. These awards aim to recognize the victim’s humiliation, shame, or sense of indignity caused by such conduct.

Wrongful Death Claims Involving Drunk Drivers

Families who lose a loved one due to drunk driving can file a wrongful death lawsuit. These cases can recover funeral costs, lost income the deceased would have earned, and compensation for loss of companionship and care.

What Evidence Is Needed to Prove a Drunk Driving Accident Claim?

Proving liability in a drunk driving case often requires detailed evidence from law enforcement, medical records, and witnesses. A strong claim combines multiple forms of documentation.

Police Reports and BAC Test Results

Police reports provide details about the crash scene, witness names, and citations issued. BAC (blood alcohol concentration) test results show whether the driver was legally intoxicated at the time.

Toxicology Reports and Field Sobriety Tests

Toxicology tests confirm substances in the driver’s system. Field sobriety tests, like walking a straight line or reciting the alphabet, show impairment when done correctly and documented properly.

Witness Statements and Surveillance Footage

Witness accounts can describe erratic driving or the moments before impact. Surveillance cameras from nearby stores or intersections, such as around Lakeside Mall or on Hall Road, sometimes capture the collision itself.

Expert Testimony in Drunk Driving Cases

Experts such as accident reconstruction specialists and toxicologists can explain how alcohol impaired the driver and caused the crash. Their insight can help establish liability and link the driver’s intoxication to the resulting injuries.

How Long Do You Have to File a Drunk Driving Accident Claim in Michigan?

You generally have three years from the date of the crash to file a lawsuit against a drunk driver for negligence. This timeline applies to both injury and wrongful death cases.

One-Year Deadline for No-Fault PIP Benefits

For PIP benefits, a claim must be filed within one year of the accident. Failing to submit necessary paperwork or bills within this time can result in denial of coverage.

Exceptions That May Extend Filing Deadlines

Certain circumstances may extend these deadlines, such as when the injured person is a minor or mentally incapacitated. A court may allow extra time in rare cases involving fraud or concealment by the at-fault driver.

What If the Drunk Driver Wasn’t Convicted of DUI?

A criminal conviction isn’t required for a civil lawsuit. Victims can still pursue damages even if prosecutors drop charges or the driver is acquitted.

Civil Claims vs. Criminal Cases

Criminal cases punish offenders, while civil cases focus on compensating victims. The burden of proof in civil court is lower, meaning the victim only needs to show that the drunk driver was more likely than not responsible for the crash.

Using BAC Evidence Even Without a Conviction

BAC evidence from police tests can still support a civil claim, even if it wasn’t enough for a criminal conviction. Civil courts can admit the same test results to establish negligence.

Administrative License Suspensions as Evidence

When a driver’s license is suspended by the Secretary of State due to a failed or refused BAC test, that administrative record can serve as supporting evidence in a civil case.

Common Challenges in Sterling Heights Drunk Driving Accident Cases

Even when fault seems obvious, drunk driving accident claims can involve disputes with insurers or defense attorneys trying to reduce payouts.

Insurance Company Tactics to Minimize Your Claim

Insurance companies often try to downplay injuries, argue preexisting conditions, or pressure victims to settle for less than the claim’s true value. Having legal representation helps counter these tactics and ensures your damages are fully documented.

Dealing with Uninsured or Underinsured Drunk Drivers

When the driver lacks sufficient insurance, victims may need to turn to their own uninsured or underinsured motorist coverage. These claims still require proof of the other driver’s fault.

Comparative Negligence Defenses

Michigan uses a modified comparative fault system, meaning the drunk driver’s insurer may argue you share part of the blame. If successful, this can reduce your compensation in proportion to your percentage of fault.

How Our Attorneys Can Help

At Goodman Acker PC, we understand how deeply drunk driving crashes affect victims and their families. We build strong cases using detailed investigation and legal strategy to hold negligent drivers accountable.

Thorough Investigation of Your Drunk Driving Accident

Our team gathers every piece of evidence, from police records and BAC reports to eyewitness accounts and surveillance videos. We also consult experts to analyze vehicle damage and crash dynamics.

Handling All Communication with Insurance Companies

We deal directly with insurance adjusters to prevent clients from being misled or pressured into quick settlements. Our attorneys handle every negotiation so you can focus on recovery.

Identifying All Liable Parties

Sometimes multiple parties share responsibility, such as bars, employers, or vehicle owners. We investigate all potential sources of liability to strengthen your claim.

Maximizing Your Compensation Recovery

We document all economic and non-economic damages, presenting clear evidence of your medical costs, lost income, and personal hardship to support a fair settlement or verdict.

Taking Your Case to Trial When Necessary

If the responsible party or insurer refuses to act reasonably, we’re fully prepared to present your case in court and pursue justice before a jury.

Frequently Asked Questions About DUI Accident Claims in Michigan

What if the drunk driver’s insurance doesn’t cover all my damages?

You may file a claim under your own uninsured or underinsured motorist policy. This coverage helps pay for additional losses when the at-fault driver’s insurance falls short.

Can I still recover compensation if I was a passenger in the drunk driver’s vehicle?

Yes. Passengers injured by a drunk driver can seek damages through that driver’s liability insurance or through their own no-fault benefits.

How does a drunk driving accident affect my Michigan no-fault insurance rates?

If you weren’t at fault, your rates generally shouldn’t increase. However, every insurer has its own policy for rate adjustments.

What happens if the drunk driver fled the scene of the accident?

Hit-and-run cases require a police report right away. You may still recover compensation through your uninsured motorist coverage or through a lawsuit once the driver is identified.

Can I recover compensation if the drunk driver was also texting while driving?

Yes. Multiple forms of reckless behavior can strengthen your claim by showing a pattern of negligence and disregard for safety.

Contact Our Drunk Driving Accident Attorneys in Sterling Heights Now

Time matters after a drunk driving crash. Evidence can disappear, and deadlines for claims approach quickly. The attorneys at Goodman Acker PC are ready to review your case, explain your options, and take the legal burden off your shoulders.

Our team has helped injured people across Sterling Heights, including near Dodge Park, Mound Road, and 15 Mile Road, hold negligent drivers accountable.

Call (586) 261-8457 today for a free, no-obligation consultation and learn how we can help you take the next step toward financial and personal recovery.

LEGALLY REVIEWED BY BARRY J. GOODMAN

Barry J. Goodman has devoted his professional life to keeping courthouse doors open for victims seeking justice. Always a tireless advocate for his own clients, Goodman sees his responsibility as a Detroit personal injury attorney in a broader sense as well. [ Attorney Bio ]