Drunk Driver Accident
Getting into a car accident can be a life-changing event. An accident involving a drunk driver in Michigan can be even more frustrating. Unfortunately, these incidents are not uncommon in Flint and Genesee County and can lead to severe injuries.
At the Lee Steinberg Law Firm, we are helping to put the pieces back together from personal injuries resulting from a drunk driving accident. Our Flint drunk driving accident lawyers will get you the compensation and justice you deserve.
Why Choose Lee Steinberg Law Firm, P.C. for This Case?
After sustaining a serious personal injury caused by a drunk driver, you need a law firm that specializes in car accidents and especially drunk driving cases.
- We focus only on personal injury law, and our clients are only the injured and their families.
- We understand the complexities of these cases, how blood alcohol levels play a role in determining liability, the defenses insurance companies come up with, and how drunk driving cases work within the Michigan no-fault law.
- We have 50 years of experience in helping clients in Flint and surrounding communities get the money they deserve.
- We handle all Flint drunk driving accident cases on a contingency fee basis. This means you do not pay anything until we win your case.
- Our Flint drunk driving accident attorneys have been selected as Michigan “Super Lawyers” numerous times. This is because our attorneys and staff go the extra mile for our clients.
Drunk Driving Collisions in Flint
In Michigan the legal blood alcohol concentration (BAD) is .08 for drivers 21 years of age or older. For commercial truck drivers and minors, there is a zero-tolerance rule. However, despite these laws, drunk driving crashes every day in Michigan. In 2022, there were 370 alcohol related crashes in Genesee County that resulted in 250 injuries. Tragically, 17 of these crashes resulted in a fatality or wrongful death.
Flint had the most drunk driving crashes. But other communities, such as Mt. Morris, Burton, Davison, Burton, Clio, Swartz Creek, and Grand Blanc make up most of the other drunk driving crashes in the county.
How Does the Michigan No-Fault Law Affect My Drunk Driving Accident Case?
Under the Michigan no-fault law, a person can obtain benefits from an insurance company no matter who is at-fault for causing the crash. If a drunk driver causes a crash and is injured, then the auto insurance company for that driver must pay first-party benefits such as:
- Medical bills up to the PIP (personal injury protection) limit
- 85% of lost wages for up to 3 years
- Household replacement services for up to 3 years
- Out-of-pocket medical costs and co-pays
- Nursing care and other benefits.
The auto insurance for the person injured by the drunk driver is also eligible for these benefits. However, people hurt by a Flint drunk driver can also make a claim for pain and suffering compensation. This is based on the negligence of the drunk driver.
Because of the complexities of these cases, it is important to consult with an experienced Flint drunk driving accident lawyer. The attorney can help determine which car insurance company is responsible for paying the first-party benefits. The lawyer can also make sure you are suing the correct individuals and going after the right insurance companies for compensation.
How To Prove Pain and Suffering from a Flint Drunk Driving Accident
Under Michigan law, just because a drunk driver causes an injury does not mean you are automatically entitled to compensation. Instead, the law requires that the injured person prove he or she sustained a threshold injury. The most frequent threshold injury is called a “serious impairment of body function.”
A serious impairment of body function requires medical treatment to substantiate the pain and limitations you are experiencing. For example, an MRI of the lower back or an EMG (nerve conduction study) can show whether there is a disc herniation or radiculopathy in your spine. A doctor can also show you have muscle spasms or a limited range of motion.
Along with this information, you must also demonstrate the car accident “affects the injured person’s general ability to lead his or her normal life.” Although this hurdle is not high, it is important to hire an aggressive Flint drunk driver accident attorney who can demonstrate to a judge and jury how and why you met the threshold.
What To Do If You Are Hit by a Drunk Driver in Flint
There are a lot of things going through your mind after a crash with an impaired driver. However, there are a few simple things you can do to keep yourself safe and to help your case down the road:
- Call the police or 911 right away. Do not leave the scene until the police arrive
- Try to exchange information with all the other drivers involved in the crash. However, if you feel you are not safe, stay in your car.
- Take photos of the accident scene. This includes not only your vehicle but photos of the drunk driver’s car and any other vehicles involved in the crash.
- Take a video of the accident scene to show the damage and chaotic scene.
- If there are witnesses, try and get their contact information.
- Call a lawyer before speaking to the insurance company
What Are Typical Injuries in a Drunk Driving Crash
The injuries in a drunk driving accident tend to be more severe than standard crashes because the drunk driver is usually speeding or driving recklessly. This can lead to horrible head-on collisions, T-bone accidents, rear-end accidents, and wrong-way crashes. The injuries that result from these high impact accidents include:
- Broken bones, such as a broken leg and arm
- Broken hip or a fractured pelvis
- Knee and elbow injury
- Broken foot or ankle
- Low back pain
- Neck pain and whiplash
- Traumatic brain injury or closed-head injury
High DUI Accident Roadways in Flint and Genesee County
Any road with a drunk driver on it is a dangerous roadway. However, in Flint, certain streets are more notorious for drunk drivers and crashes. This is especially true near intersections, the off ramps near I-75 and I-69, and major highways. It is important to use extra caution if you drive on these roads in the Flint area:
- Dort Highway and Lapeer Rd.
- Dort Highway and Court St.
- Robert T. Longway
- Ballenger Hwy. and Corunna Rd.
- Saginaw Rd. in Grand Blanc
Police Procedure for Flint Drunk Driving Accidents
The police must follow a specific procedure when alcohol is believed to be a cause of a car accident in Michigan. The responding officer will talk to the driver and if he or she suspects the driver is intoxicated, the police officer can do additional tests. This can include a field sobriety test.
There are a few different field sobriety tests. The first one is known as a Horizontal Gaze Nystagmus (HGN). This is a test where the officer asks the driver to follow a moving object, such as a flashlight or pen. The officer is looking for jerking of the eyes or if the eyes cannot follow the object smoothly.
Another test is a Walk-and-Turn test. This is when the police ask a driver to walk nine steps, heel-to-toe, along a straight line and then turn and do the same thing in the opposite direction. The officer is looking to see if the driver needs to raise his arms for balance, loses balance, stops before regaining balance and other signs of impairment.
Another test one-leg stand. This test is when the officer asks the driver to stand with one foot the ground about six inches and to do so until the officer asks to put the foot down. The officer is looking to see if the person is swaying, putting their foot down, or hopping to maintain balance.
If a driver fails any of these field sobriety tests, the officer may also ask the driver to undergo a Breathalyzer test. This test is where a driver blows into a breath analyzer to analyze the blood alcohol content (BAC) in a person’s system.
Is the Bar That Served a Drunk Driver Liable?
It can be. This is called a dram shop case. In a dram shop case, the last known establishment that sold alcohol is a visibly intoxicated person who then causes a car crash can be held responsible. However, these cases are very fact specific and full of legal minefields. It is essential to contact a Flint drunk driving accident lawyer immediately if you wish to pursue the bar or restaurant that overserved the drunk driver.
Contact a Flint Drunk Driving Accident Lawyer
For almost 50 years, the Lee Steinberg Law Firm has helped people injured by drunk drivers win their cases and get the monetary compensation they deserve. Our Flint drunk driving accident lawyers have recovered hundreds of millions for our clients. We know how to get the most money after the severe and life-changing injuries caused by a drunk driving car accident.
Call us at 1-800-LEE-FREE for a free consultation or fill out a contact form today. We never charge anything until we win your case.
