You’re driving home from work on a typical Michigan evening when suddenly your world changes in an instant. The sound of screeching tires, the impact of metal on metal, and then silence. As you try to process what just happened, you notice the other driver stumbling out of their vehicle, reeking of alcohol. In that moment, you become one of the thousands of Michigan residents injured each year by drunk drivers. The physical pain is immediate, but the emotional trauma and financial burden are just beginning. You deserve justice, and understanding your rights is the first step toward recovery.
Being injured by a drunk driver is uniquely devastating because these accidents are entirely preventable. When someone makes the reckless decision to get behind the wheel after drinking, they put every person on Michigan’s roads at risk. If you’ve been hurt in an alcohol-related accident, you need a DUI accident lawyer who understands both the legal complexities and the anger and frustration you’re feeling right now.
Understanding Michigan DUI Laws and How They Affect Your Case
Michigan takes drunk driving seriously, with strict laws designed to keep impaired drivers off the roads. Under Michigan law, a driver is considered legally intoxicated if their blood alcohol concentration (BAC) is 0.08% or higher. For commercial drivers, that limit drops to 0.04%, and Michigan has a zero-tolerance policy for drivers under 21, meaning any detectable alcohol can result in charges.
Michigan DUI laws include several offense levels:
- Operating While Intoxicated (OWI) – The most common drunk driving charge when BAC is 0.08% or higher
- Operating While Visibly Impaired (OWVI) – When a driver shows signs of impairment but BAC is below 0.08%
- Super Drunk – Enhanced penalties for BAC of 0.17% or higher
- Child Endangerment – Additional charges when a child under 16 is in the vehicle
When a drunk driver causes an accident, they face both criminal charges from the state and civil liability to their victims. These are separate legal proceedings. While the criminal case punishes the drunk driver, your civil claim focuses on getting you the compensation you deserve for your injuries, medical bills, lost wages, and pain and suffering.
The criminal conviction can significantly strengthen your civil case. Evidence from the criminal investigation—including breathalyzer results, field sobriety tests, police reports, and witness statements—can establish fault in your personal injury claim. At The Joseph Dedvukaj Firm, our drunk driving accident lawyers know how to leverage criminal case evidence to maximize your civil recovery.
Establishing Liability in Drunk Driving Accident Cases
Proving liability in a drunk driving accident is often more straightforward than other accident cases, but it still requires thorough legal work. Your DUI accident lawyer must demonstrate several key elements:
Direct Evidence of Intoxication: The strongest evidence includes BAC test results, failed field sobriety tests, the driver’s own admissions, and police observations of slurred speech, bloodshot eyes, or alcohol odor. Video footage from police dashcams or body cameras can be particularly compelling.
Causation: It’s not enough to prove the driver was drunk—we must show that their intoxication caused the accident. This involves analyzing the crash scene, vehicle damage, witness testimony, and accident reconstruction when necessary. Even if the drunk driver claims you contributed to the accident, Michigan’s comparative negligence rules mean you can still recover damages as long as you’re less than 50% at fault.
Violation of Traffic Laws: Drunk drivers often commit multiple traffic violations—speeding, running red lights, weaving between lanes, or failing to yield. Each violation strengthens your claim and demonstrates reckless disregard for others’ safety.
Dram Shop Liability: Michigan law also allows victims to pursue claims against bars, restaurants, or other establishments that served alcohol to a visibly intoxicated person who then caused an accident. Under Michigan’s dram shop law, if a business negligently over-serves someone, they can share liability for resulting injuries.
Social Host Liability: Similarly, if someone hosts a party and serves alcohol to a minor who then causes a drunk driving accident, the host may be held liable for damages.
The Joseph Dedvukaj Firm has successfully represented victims in complex alcohol-related accident claims, including cases involving multiple liable parties. Our comprehensive investigation ensures no stone is left unturned in identifying all sources of compensation.
Types of Compensation Available to DUI Accident Victims
Michigan’s no-fault insurance system adds complexity to drunk driver compensation claims, but victims have access to multiple forms of recovery.
DUI Accident Compensation Types:
| Compensation Type | What It Covers | Requirements |
|---|---|---|
| No-Fault PIP Benefits | Medical expenses, wage loss, replacement services, attendant care | Available regardless of fault; paid by your own insurance |
| Third-Party Liability (Non-Economic) | Pain and suffering, emotional distress, loss of enjoyment of life, permanent disability | Must meet “serious impairment of body function” threshold |
| Third-Party Liability (Economic) | Medical expenses beyond PIP limits, wage loss exceeding no-fault benefits | Available even without serious impairment |
| Exemplary/Punitive Damages | Additional compensation to punish egregious conduct | Reserved for extreme cases (BAC 2x+ legal limit, multiple DUI convictions) |
Serious Impairment Threshold Injuries:
Injuries that typically meet the threshold for suing beyond no-fault include:
- Significant disfigurement or scarring
- Broken bones and orthopedic injuries
- Traumatic brain injuries and concussions
- Spinal cord injuries and paralysis
- Internal organ damage
- Severe soft tissue injuries requiring surgery
When you meet the serious impairment threshold, pain and suffering damages often represent the largest portion of your total recovery.
The Joseph Dedvukaj Firm has recovered over $300 million for injured Michigan residents, including substantial settlements for drunk driving accident victims. Our experience includes a landmark case involving a severely intoxicated driver that resulted in a multi-million dollar recovery for our client who suffered permanent disabilities.
How to Prove Drunk Driving Fault in Your Accident Case
Building a strong drunk driving accident claim requires meticulous evidence collection and legal expertise. Here’s what your drunk driving accident lawyer will gather:
Police Reports and Criminal Records: The police report from your accident scene is foundational. It documents the officer’s observations, any field sobriety tests administered, breathalyzer results, and whether the drunk driver was arrested. We also obtain the complete criminal file, including any dashcam or body camera footage showing the driver’s intoxicated state.
Toxicology Evidence: Blood and breath test results provide scientific proof of intoxication. We work with toxicologists who can explain BAC levels to juries and demonstrate how the driver’s impairment affected their ability to operate a vehicle safely. Sometimes we discover that drugs were also involved, strengthening claims of recklessness.
Witness Testimony: Eyewitnesses who saw the drunk driver before the accident—such as bar patrons, servers, or other motorists—can testify about the driver’s consumption and behavior. Witnesses at the accident scene can describe erratic driving, post-crash conduct, and the driver’s apparent impairment.
Surveillance Footage: Video from nearby businesses, traffic cameras, or the establishment where the drunk driver was drinking can show their intoxicated state before getting behind the wheel. We’ve obtained critical footage showing drunk drivers stumbling to their cars, proving they were visibly intoxicated.
Cell Phone and Credit Card Records: These records can establish a timeline showing how long the drunk driver was at a bar or restaurant and potentially how much they spent on alcohol. This evidence is particularly valuable in dram shop liability claims against establishments.
Accident Reconstruction: For serious crashes, we work with accident reconstruction experts who analyze skid marks, vehicle damage, road conditions, and other physical evidence to demonstrate how the drunk driver’s impairment caused the collision.
Medical Records: Your medical records document the full extent of your injuries and create an unbroken chain of treatment from the accident to your current condition. We ensure your doctors thoroughly document how the accident has impacted your life, strengthening claims for pain and suffering.
The attorneys at The Joseph Dedvukaj Firm understand how to build compelling cases that insurance companies can’t ignore. Our thorough investigation and presentation of evidence has led to favorable settlements and verdicts for countless drunk driving victims across Michigan.
Why You Need a Specialized DUI Accident Lawyer
While any personal injury lawyer can handle a car accident case, drunk driving accidents involve unique legal issues that require specialized knowledge and experience.
Navigating Criminal and Civil Proceedings: Your lawyer must coordinate with prosecutors handling the criminal case while building your civil claim. Evidence from the criminal case can strengthen your civil recovery, but the two proceedings have different timelines, standards of proof, and objectives. An experienced DUI accident lawyer knows how to leverage the criminal case to benefit your civil claim without allowing criminal delays to jeopardize your recovery.
Understanding Michigan No-Fault Complexities: Michigan’s no-fault insurance system is among the nation’s most complex, and drunk driving cases add additional layers. You need an attorney who understands when you can step outside no-fault protections, how to prove serious impairment, and how to maximize both no-fault benefits and third-party liability claims simultaneously.
Identifying All Liable Parties: Beyond the drunk driver, potentially liable parties may include bars or restaurants that over-served them, social hosts who provided alcohol, employers if the driver was working, and even vehicle owners who knowingly lent their car to an intoxicated person. Missing any liable party means leaving compensation on the table.
Dealing with Insurance Company Tactics: Insurance companies defend drunk drivers aggressively despite the obvious fault. They’ll claim you contributed to the accident, that your injuries aren’t as serious as you claim, or that your damages are inflated. They’re betting you don’t know your rights. A skilled drunk driving accident lawyer anticipates these tactics and counters them effectively.
Valuing Your Claim Accurately: How much is your case worth? Without experience in drunk driver compensation cases, you might accept far less than you deserve. Our firm has handled hundreds of DUI accident cases and knows how to value claims based on injury severity, long-term impacts, lost earning capacity, and pain and suffering.
Trial Experience: Most cases settle, but insurance companies only offer fair settlements when they know you’re prepared to go to trial. Joseph Dedvukaj is a seasoned trial attorney with a proven track record in Michigan courtrooms. Our reputation for thorough preparation and courtroom success encourages insurance companies to settle fairly rather than risk a jury verdict.
At The Joseph Dedvukaj Firm, we’ve represented victims of drunk driving accidents for over 30 years. Our attorneys understand the unique anger and frustration these cases bring. While we can’t undo the harm caused by someone’s reckless decision to drink and drive, we can hold them accountable and secure the compensation you need to rebuild your life.
Michigan Statute of Limitations for DUI Accident Claims
Time is critical in drunk driving accident cases. Michigan law imposes strict deadlines for filing personal injury lawsuits, and missing these deadlines means losing your right to compensation forever.
Three-Year Statute of Limitations: In most cases, you have three years from the date of the accident to file a lawsuit against the drunk driver. This might seem like plenty of time, but building a strong case takes months of investigation, evidence collection, medical documentation, and negotiations.
One-Year Notice Requirement for Government Vehicles: If the drunk driver was operating a government vehicle—such as a municipal utility truck or county-owned car—you must file a notice of claim within one year of the accident. This shortened deadline catches many victims off guard, resulting in lost claims.
Sooner Is Better: Even though you have three years, waiting is risky. Evidence disappears, witnesses’ memories fade, surveillance footage gets deleted, and the drunk driver may hide or spend assets. Moreover, the sooner you hire an attorney, the sooner we can begin negotiations and potentially secure an early settlement, allowing you to move forward with your life.
Tolling for Minors: If a child was injured in a drunk driving accident, the statute of limitations is generally tolled (paused) until they turn 18, after which they have three years to file a claim. However, a parent or guardian should still pursue claims immediately to preserve evidence and secure compensation for ongoing medical care.
Criminal Conviction Doesn’t Extend Deadlines: Many victims mistakenly believe they have three years from the drunk driver’s criminal conviction to file a civil lawsuit. This is false. The statute of limitations runs from the date of the accident, regardless of how long the criminal case takes.
Don’t let time run out on your right to justice. Contact The Joseph Dedvukaj Firm today for a free consultation. We’ll evaluate your case, explain your legal options, and ensure all deadlines are met while you focus on recovery.
The Impact of Drunk Driving Accidents on Victims and Families
Beyond physical injuries and financial losses, drunk driving accidents inflict profound emotional and psychological trauma on victims and their families.
Physical Injuries: Drunk driving accidents are often catastrophic because impaired drivers react slowly or not at all before impact, resulting in high-speed collisions. Common injuries include traumatic brain injuries, spinal cord damage, multiple fractures, internal bleeding, severe burns, and permanent disabilities. Many victims face years of surgeries, rehabilitation, and chronic pain.
Emotional Trauma: The psychological impact is equally devastating. Victims often suffer from anxiety, depression, PTSD, nightmares about the accident, and fear of driving. The knowledge that your injuries were completely preventable—that someone chose to drink and drive—adds anger and frustration to the healing process. Many victims require ongoing counseling and therapy.
Financial Hardship: Medical bills pile up quickly, especially for serious injuries requiring hospitalizations, surgeries, and long-term care. Meanwhile, you may be unable to work, creating lost income on top of mounting expenses. Property damage, vehicle replacement, and home modifications for disabilities add to the burden. The financial stress can be overwhelming.
Family Strain: Drunk driving accidents affect entire families. Spouses become caregivers, children lose quality time with injured parents, and family dynamics shift. The stress and financial pressure can strain even the strongest relationships. When a drunk driver takes a loved one’s life, families face unimaginable grief and loss.
The attorneys at The Joseph Dedvukaj Firm understand these impacts because we’ve walked alongside hundreds of drunk driving accident victims. We don’t just handle legal paperwork—we become your advocates, fighting aggressively for compensation that addresses both your immediate needs and long-term care. Our compassionate approach means you’re never just a case number; you’re a person who deserves justice.
Common Defenses Drunk Drivers Use and How We Counter Them
Despite clear evidence of intoxication, drunk drivers and their insurance companies often raise defenses to avoid responsibility. Here are common tactics and how experienced DUI accident lawyers counter them:
“You Contributed to the Accident”: The drunk driver may claim you were speeding, didn’t have your headlights on, or failed to yield. Michigan’s comparative negligence rule allows this defense, reducing your recovery by your percentage of fault (or barring recovery if you’re 51%+ at fault). We counter this by thoroughly reconstructing the accident, obtaining witness testimony, and demonstrating that the drunk driver’s impairment was the primary cause regardless of any minor technical violations.
“Your Injuries Aren’t That Serious”: Insurance companies love to downplay injuries, claiming you’re exaggerating pain or that your injuries were pre-existing. We combat this with comprehensive medical documentation, expert testimony from your treating physicians, and evidence of how the injuries have impacted every aspect of your life. Life care planners and vocational experts demonstrate future needs and lost earning capacity.
“The Police Made Mistakes”: If the criminal DUI charge is dismissed due to procedural errors—such as an improper traffic stop or breathalyzer calibration issues—the drunk driver may argue they weren’t actually impaired. We gather independent evidence of intoxication, including witness testimony about driving behavior, physical symptoms of impairment, and any admissions the driver made at the scene.
“You’re Demanding Too Much Money”: When negotiations begin, insurance companies almost always claim your demand is unreasonable. They’ll offer lowball settlements hoping you’ll accept out of desperation. We counter with detailed demand packages that justify every dollar based on medical expenses, lost wages, future care needs, and pain and suffering. Our track record of trial verdicts shows insurance companies we mean business.
Dram Shop Challenges: When we pursue claims against bars or restaurants, they often argue the drunk driver wasn’t visibly intoxicated when served or that they checked ID and followed proper procedures. We obtain witness testimony from other patrons, video footage showing the drunk driver’s condition, and expert testimony about alcohol consumption patterns and visible signs of intoxication.
The Joseph Dedvukaj Firm’s aggressive advocacy against insurance companies has earned us an AV Preeminent rating from Martindale-Hubbell and membership in the National Trial Lawyers: Top 100. We don’t back down from fights with big insurance companies, and our willingness to take cases to trial when necessary has resulted in exceptional outcomes for our clients.
Steps to Take After a Drunk Driving Accident in Michigan
If you’re in an accident caused by a drunk driver, taking the right steps immediately can strengthen your case and protect your recovery:
1. Call 911: Report the accident immediately and tell the dispatcher if you suspect the other driver is intoxicated. Police need to arrive quickly to assess the driver’s condition and conduct sobriety tests.
2. Seek Medical Attention: Even if you feel okay, get examined by medical professionals. Some serious injuries have delayed symptoms, and creating immediate medical documentation is crucial for your claim. Refusing treatment at the scene can be used against you later.
3. Document Everything: If you’re able, take photos of the accident scene, vehicle damage, road conditions, and the other driver. Note any observable signs of intoxication such as slurred speech, unsteady walking, or alcohol odor. Get contact information from witnesses.
4. Don’t Discuss Fault: Be cooperative with police, but don’t admit fault or apologize, as innocent statements can be misconstrued. Don’t discuss the accident with the other driver’s insurance company without speaking to an attorney first.
5. Preserve Evidence: Keep all medical records, bills, repair estimates, and documentation of lost wages. Don’t repair your vehicle until your attorney has had it inspected. Save any clothing or personal items damaged in the crash.
6. Contact a DUI Accident Lawyer Immediately: The sooner you have legal representation, the better. Your attorney can begin investigating while evidence is fresh, communicate with insurance companies on your behalf, and ensure your rights are protected throughout the process.
7. Follow Your Treatment Plan: Attend all medical appointments, follow your doctor’s recommendations, and document your recovery journey. Gaps in treatment give insurance companies ammunition to claim your injuries aren’t serious.
8. Avoid Social Media: Don’t post about the accident, your injuries, or your activities on social media. Insurance companies monitor these platforms looking for evidence to discredit your claims. A photo of you smiling at a family gathering can be twisted to suggest you’re not really injured.
The team at The Joseph Dedvukaj Firm has helped thousands of Michigan accident victims navigate the aftermath of devastating crashes. We handle every aspect of your case so you can focus on healing and rebuilding your life.
Get Help from Experienced Michigan Personal Injury Lawyers
Being injured by a drunk driver is one of the most frustrating and painful experiences you can endure. You followed the rules, drove responsibly, and someone else’s reckless decision changed your life forever. While we can’t undo what happened, we can hold the drunk driver accountable and fight for every dollar of compensation you deserve.
The Joseph Dedvukaj Firm has represented Michigan residents in drunk driving accident claims since 1994, securing over $300 million in settlements, judgments, and verdicts. Our track record includes significant recoveries for clients who suffered catastrophic injuries at the hands of intoxicated drivers. We understand Michigan’s complex no-fault insurance system, know how to prove serious impairment, and have the trial experience to take on insurance companies that refuse to settle fairly.
Attorney Joseph Dedvukaj holds an AV Preeminent Peer Review Rating from Martindale-Hubbell—the highest possible rating for legal ability and ethical standards—and is a member of the National Trial Lawyers: Top 100. Our firm’s reputation for thorough preparation, aggressive advocacy, and compassionate client service has made us a trusted choice for injured Michigan families.
We work on a contingency fee basis, which means you pay nothing unless we win your case. There are no upfront costs, no hourly fees, and no financial risk. We advance all case expenses, and our fee comes from the recovery we secure for you. This arrangement allows everyone—regardless of financial circumstances—to access experienced legal representation.
Time is critical in drunk driving accident cases. Evidence must be preserved, witnesses must be interviewed, and legal deadlines must be met. Don’t wait to get the help you need. Contact The Joseph Dedvukaj Firm today for a free, no-obligation consultation. We’ll review your case, explain your rights, and outline a strategy for maximum recovery.
You’ve suffered enough. Let us handle the legal fight while you focus on healing. Call us at 1-866-HIRE-JOE or visit our website to schedule your free consultation. We serve clients throughout Michigan from our Bloomfield Hills office, and we’re ready to fight for the justice you deserve.