It always seems that the number of reported Michigan drunk driving accidents rises every summer.  This time of year is especially dangerous with the number of high school graduation parties, college graduation, summer barbeques, and outdoor partying in general.   The liquor seems to flow freely and the inevitable result is an increase in the number of drunk driving car accidents and fatal Michigan car accidents. 

When a drunk driver injures another in a car accident, the driver is clearly negligent and can be accountable for the injuries and damages caused in the accident.  In some circumstances, the bar, liquor store, or restaurant that served the driver alcohol or beer can also be sued for civil damages.  This is called a “Dram Shop” case.  To win such a case, the evidence must show that the drunk driver was visibly intoxicated at the time of being served alcohol.  This is often established by witness testimony and toxicologists who can look at a blood alcohol level, the physical characteristics of the intoxicated person, and other factors and then give an opinion as to essentially how the person would have acted at the time he was served the drink. 

The establishment that served the drink will always argue that the person was not acting drunk and a jury will have to make that tough decision.  It is important to hire a lawyer immediately after a Michigan car accident involving a drunk driver so that witnesses can be located to prove how the person was acting when served the alcohol.  Statements regarding the person being clumsy, loud, stumbling, etc. can be used to prove the case. 

A delay in hiring a lawyer often results in it being impossible later to identify and interview these witnesses, which then makes it impossible to win the case.  Anyone injured by a drunk driver should call me ASAP to start on their case or fill out our contact form.

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The holiday season is always full of fun and festivity, but too often people drink more alcohol than they can handle and attempt to drive the vehicle home.  Many people are just casual drinkers and believe that they “are good enough to drive,” when in fact their blood alcohol levels are over Michigan’s legal limits.  When this happens, they are considered a drunk driver under Michigan law.

Besides the potential criminal charges facing drunk drivers, many drunk drivers cause devastating accidents due to their impairments and poor judgments in operating a vehicle under the influence of liquor.  A drunk driver who injures another will not only face severe criminal penalties, but may also be the subject of a civil lawsuit seeking money damages from the injured person or his family.

In addition to the drunk driver, the bar, restaurant or establishment that furnishes a visibly intoxicated person alcohol before an accident can also be sued by the injured person. This is called a “dram shop case.”  A social host who furnishes alcohol to an intoxicated person may also be sued in a civil court by the injured person.  In Michigan, the injured person must send out a retention letter, usually by an attorney, to the person or business that furnished the alcohol within thirty days of the accident or the claim will be barred by statute.  Therefore, it is important to contact a lawyer immediately after an accident caused by a drunk driver to preserve your rights.

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