Michigan Drunk Driving Accident Lawyers

Filing a Claim Against a Bar or Liquor Store

You may not be familiar with Michigan’s Dram Shop Law, which provides drunk driving accident victims with a mechanism to hold irresponsible liquor sellers accountable. While these claims are not filed often, our Michigan drunk driving accident lawyers can investigate your case to see whether you might benefit from making one.

To win a dram shop claim, you must be able to prove:

• The establishment gave alcohol to a minor or visibly intoxicated person: This requires collecting evidence such as witness testimonies, receipts, or surveillance footage that clearly demonstrates the breach of legal duty by the bar or liquor store.
• That alcohol was a major contributor to the accident and your injuries: You must establish a direct correlation between the alcohol served and the behavior that led to the accident, typically with the assistance of expert testimonies or toxicology reports.

Finding proof that a bartender or other individual knowingly served alcohol when it was illegal for them to do so is difficult. Therefore, we do not recommend most drunk driving accident victims rely on this type of claim.

Michigan’s Comparative Fault Rule in Drunk Driving Cases

Like all accident claims, collisions caused by drunk drivers are evaluated to see whether blame was shared between multiple parties. Drunkenness is a big sign of driver negligence, yes—but if you were speeding or bending any other rules of the road, you still could be found to share the fault for a drunk driving accident in Michigan.

This matters because our state’s comparative negligence rule allows insurers to reduce the amount of the final settlement by the percentage of fault attributed to a claimant. An attorney can help you avoid facing unfair accusations from an insurer, but we recommend you reach out to us as soon as possible after the accident so that we can do our best for you.

What Evidence Is Important in Proving Liability in a Drunk Driving Accident?

To prove liability in a drunk driving accident requires us to gather and present evidence that demonstrates the driver's intoxication and establishes their responsibility for the collision.

Some key pieces in proving liability for a Michigan drunk driving accident include:

• Police Reports: Official police reports documenting the accident are crucial. They often include important details such as the officer's observations, statements from witnesses, field sobriety test results, and any preliminary breathalyzer or blood alcohol concentration (BAC) test results.
• Breathalyzer or Blood Test Results: Results from breathalyzer or blood tests conducted at the scene or later at a medical facility can provide concrete evidence of the driver's intoxication level. These test results can establish the presence of alcohol or drugs in the driver's system and determine if they were above the legal limit.
• Field Sobriety Test Results: Field sobriety tests administered by law enforcement officers, such as the walk-and-turn test or the one-leg stand, can help establish the driver's impairment. These tests assess the driver's coordination, balance, and ability to follow instructions.
• Eyewitness Testimony: Statements from witnesses who observed the driver's behavior, such as slurred speech, bloodshot eyes, or erratic driving, can provide crucial evidence to support the claim of drunk driving.
• Surveillance Footage: If the accident occurred in an area with surveillance cameras, obtaining and reviewing footage can provide visual evidence of the driver's behavior and actions leading up to the collision.
• Accident Reconstruction: Accident reconstruction experts can analyze the scene, damage to vehicles, and other relevant factors to recreate the sequence of events. Their findings can help establish the driver's negligence and impairment.
• Medical Records: Medical records documenting the injuries sustained by the victim can demonstrate the severity of the accident and correlate it with the driver's impaired state.
• Expert Testimony: Expert witnesses, such as toxicologists or accident reconstruction specialists, can provide professional opinions and analysis supporting the claim of drunk driving and establishing liability.
• Driver's Statements: Admissions of guilt or statements made by the driver indicating their consumption of alcohol or drugs prior to the accident can be powerful evidence in proving liability.

It's important to consult with an experienced drunk driving accident attorney in Michigan who can help gather and analyze the relevant evidence, building a strong case against the drunk driver.