Troy Drunk Driving Accident Lawyers

Fighting for Victims of Intoxicated Drivers in Southeast Michigan

Cautions against drunk and impaired driving appear everywhere – on billboards, television and radio ads, and the internet. Even young children understand it’s unsafe to drink and drive. Nonetheless, thousands of Michigan residents ignore these warnings every year and get behind the wheel drunk, high, or stoned.

When an impaired driver causes a serious crash, others on the road pay the price. If you’ve been the victim of a drunk driving accident, talk to the experienced Troy drunk driving accident attorneys at Sommers Schwartz, P.C. today.

Michigan Drunk Driving Accident and Injury Statistics

Nearly 40 percent of fatal vehicle crashes in Michigan in 2022 involved a driver who was drunk or on drugs, according to the most recent Michigan State Police report.

In 2022, Oakland County logged 3,619 drunk driving arrests, second only to neighboring Wayne County, which logged 3,735 arrests. Macomb County ranked third with 1,890 arrests for DUI in 2022. DUI arrests in Genesse and Washtenaw Counties, which also share borders with Oakland County, were among Michigan’s highest.

Oakland County’s high number of drunk driving arrests echoes the high number of deaths and injuries related to drunk and drugged driving in Troy and neighboring areas. According to the Michigan State Police’s Annual Drunk Driving Audit, in 2022:

• Three hundred thirty-seven crashes involved a drunk driver, 56 involved a drugged driver, and 83 involved a driver who was under the influence of both alcohol and other drugs.
• These crashes caused 649 injuries and 26 deaths in Oakland County. An additional 592crashes caused damage only to property.

While any level of alcohol impairment can raise the risks of a crash, a higher blood alcohol concentration (BAC) accelerates the risk of serious injury or death. In 63.4 percent of fatal drunk driving crashes in Michigan, a driver had a BAC higher than 0.15 percent – nearly twice the legal limit. In fatal crashes involving repeat DUI offenders, 77.4 percent of drivers had a BAC of 0.15 percent or higher.

Common Injuries in Crashes Caused by Troy Drunk Drivers

Injuries in drunk driving crashes can be more severe than injuries in similar accidents. Victims may be caught off guard by a drunk driver operating erratically and unpredictably. With no time to swerve or take other action to avoid the crash, an innocent driver, cyclist, or pedestrian may have no opportunity to mitigate their injuries.

Common drunk driving crash injuries include:

• Traumatic brain injuries.
• Back, neck, and spinal cord injuries.
• Broken bones.
• Permanent scarring or disfigurement from the crash or necessary surgery for other crash-related injuries.
• Psychological trauma, anxiety, depression, and other injuries.

Many other types of injuries can also occur in a drunk-driving crash. Speak to an experienced Troy drunk driving lawyer as soon as possible after an accident to learn more about which injuries may be covered by Michigan law and your legal rights.

Criminal Charges vs. Civil Lawsuits After a Drunk Driving Accident

After a drunk driving crash, you may have to provide evidence in a criminal case against the drunk driver. The Oakland County prosecutor’s office typically brings criminal cases against drunk drivers in Troy. A criminal proceeding can hold the driver responsible for violating Michigan laws prohibiting impaired driving.

You may be asked to testify as a witness. As a crime victim, you have certain rights, which the prosecutor’s office will help you understand. However, you will have little control over whether the criminal case proceeds or the terms of any settlement.

If the driver is found guilty, they may face criminal penalties. These can include jail time, probation, fines payable to the state, and loss or suspension of their driver’s license. However, a criminal case offers little or no opportunity for victims to recover compensation for medical bills and other losses. The injured person or the family of a deceased person can file a civil claim (a lawsuit) against the driver to address these damages.

Every driver on Michigan’s roads has a legal duty to drive safely, follow driving laws, and pay attention to the road to avoid causing an accident. Drunk driving represents a failure to live up to this duty, often in a hazardous way. Drivers who cause harm to others while driving under the influence are liable to their victims for damages.

The outcome of a criminal case against a drunk driver can affect how your civil case proceeds. For this reason, it’s essential to talk to an experienced Troy drunk driving accident attorney as soon as possible. Reach out to a lawyer who can answer your questions, even if you haven’t decided whether to file a civil case.

Recovering Compensation After a Troy DUI Car Crash

You may be able to recover both financial losses (called “economic damages”) and non-financial losses (called “non-economic” damages) in a civil lawsuit.

Economic damages are “losses you can prove with numbers.” Common types of economic damages in a drunk driving collision include:

• Medical bills, including emergency transportation, emergency room care, surgeries, hospital stays, rehabilitation or skilled nursing stays, medical devices, medications, physical and occupational therapy, and follow-up care. This compensation also includes coverage of any future medical expenses.
• Lost wages, including wages you lost when you needed time off work to heal from your injuries and wages you will lose if your injuries prevent you from ever working again.
• Damaged property, if your vehicle needs to be repaired or replaced after the crash.

Non-economic damages cover losses that aren’t easily proven with numbers. These losses don’t come with a bill or an invoice, yet they are genuine and can be devastating.

Common types of non-economic losses in a drunk driving crash include:

• Pain and suffering you experienced in the crash and its aftermath.
• Scarring or disfigurement, either directly from your injuries (such as amputation) or because of surgery necessary to treat injuries.
• Mental and emotional trauma, such as post-traumatic stress symptoms.
• Loss of enjoyment of life if your injuries prevent you from participating in activities you once enjoyed. These lost activities include hobbies, caring for your home, playing with your children, and other life experiences.
• Worsening of past injuries. For example, if you were dealing with a back injury before the crash and the crash made that injury worse, you may seek compensation for the worsening injury.

If a crash causes death, the family of the deceased person can seek compensation for their losses, including funeral and burial expenses and lost time with their loved one. They can also seek compensation for bills that are the responsibility of the decedent’s estate, like final medical bills.

Every case is different, and the compensation you can recover will depend on many factors. An experienced attorney can provide advice tailored to your situation.

Statute of Limitations for Troy Drunk Driving Accident Lawsuits

There are limits on the amount of time you have to file a civil lawsuit for damages. In many cases, the applicable “statute of limitations” is three years after the accident or wrongful death. However, the facts of your case may fall under an exception that lengthens the amount of time you have to file a claim–or they may shorten the window of time available to you. If you don’t file your claim before this time expires, you may lose the opportunity to seek compensation.

Speak With an Experienced Troy Drunk Driving Accident Lawyer Today

Living through the aftermath of a drunk driving crash is difficult for both an injured person and their loved ones. If you’re struggling to recover from your injuries, you may wonder whether you can ever return to your job or hobbies. You may worry about how you’ll care for your home and family and experience stress and frustration as the bills pile up.

It is common to feel overwhelmed when dealing with insurance companies or imagining how to begin a lawsuit. The dedicated Troy DUI accident lawyers at Sommers Schwartz, P.C. can provide the assistance you need. Your attorney can answer your questions, protect your legal rights, gather evidence, and build a solid case to recover the compensation you deserve.

To learn more, call us today or use our online contact form to schedule a free consultation.