When addressing what to know about fatal drunk driving accidents in Michigan, consider the legal consequences, prevalence of the tragedy, and what options are available for surviving family members seeking justice.
Our compassionate Lansing fatal car accident lawyer can help you hold the responsible drunk driver accountable and seek closure for your family.
The Legal Consequences of Such Accidents May Not Help You
Michigan laws make it clear that driving under the influence is a serious offense. The state has numerous laws that require drivers to consent to testing, and drivers who engage in such actions can face serious consequences.
For example, if a person causes a fatal accident while operating under the influence of alcohol or drugs, they are facing felony charges.
Those charges can lead to a conviction carrying a sentence of up to 15 years in prison, even if they do not have prior DUIs on their records. Mandatory lifetime revocation of their driver’s license may apply.
Fines are also steep, requiring up to $10,000 to be paid. In many cases, a judge may order the individual to pay restitution to the family for those losses as well.
Yet, these criminal consequences do nothing for the family struggling with the loss of a loved one, a companion, and often, financial support.
In these situations, victims may have no voice to fight for themselves, and family members are left to seek legal action to get justice. In a fatal drunk driving accident in Michigan, criminal charges are important, but that is not all of the rights you have.
Your Fight Is Our Fight
Impaired Driving Costs People’s Lives Every Year
Data shared by the Michigan State Police provides a clear picture of what every person faces when they head out onto the roads regarding impaired driving.
According to reports, 41% of all fatalities on the roadways in the state involved alcohol and/or drugs in 2023. That year, 1,021 fatal crashes happened in the state. Of them, 272 were related to alcohol use, while 230 involved drug use.
In addition to this, 8,817 crashes occurred across the state that involved alcohol, many of them with serious injuries. Additionally, 2,250 accidents occurred that involved the use of drugs. Noting these factors, family members of lost loved ones must know that they can still take action to get justice for their loss.
Michigan laws allow close family members to seek legal action against those who cause this type of devastation to families. The process is complex and requires you to understand the state’s laws thoroughly.
By working with a Lansing car accident lawyer, you improve your chances of having a complete understanding of what your losses really are.
Family Members Can Seek Compensation Against the Defendant
A family member of the individual who lost their life may seek legal action against those who caused these losses. Under MCL § 600.2922, Michigan’s Wrongful Death Act, it is possible to seek compensation when a person’s death is caused by the negligence or wrongful act of another person.
Families may seek compensation that the victim would have received if they had sought a personal injury claim, as well as additional damages the family continues to suffer.
This law requires that a personal representative of the victim’s estate seek a lawsuit against the at-fault party for damages. This person files a claim on behalf of the family.
Eligible family members are generally the victim’s spouse, children, parents, and siblings, in that order. This can be critical for families fighting for both justice and financial compensation for the losses they have incurred.
Filing a lawsuit after a fatal drunk driving accident in Michigan is advisable in most situations. However, these cases are complex and benefit from the help and guidance of a wrongful death attorney. Family members can seek legal guidance from an attorney who can then determine if they have a case and what steps to take.
We know how to get our clients the results they need in the toughest legal arenas.
Families Can Recover Damages After the Loss of a Loved One
While there is no dollar amount that can make such incidents easier to manage, there is a need for most families to seek legal action to recover damages that could help them continue to maintain their lives for years to come. Recoverable damages help you cope with your losses.
They may include:
- Compensation for losses related to end-of-life care provided
- Funeral and burial costs
- Lost wages the individual would have earned
- Emotional suffering
- Loss of companionship
- Family member mental health and wellbeing
Documenting these and other losses requires careful consideration of your loved one’s age, health, how much they suffered, and their likely earnings for the rest of their life.
An experienced wrongful death lawyer will evaluate the losses you have based on these and many other factors before you speak to the insurance company for the at-fault party.
You will always work directly with your attorney throughout your case.
Additional Legal Actions May Apply for a Fatal Drunk Driving Accident in Michigan
Family members may seek legal action against the drunk driver in a fatal accident, but there are times when other parties could also be at fault. That might include, for example, a bar or restaurant that over-served the drunk driver and knowingly allowed that person to get behind the wheel of a vehicle.
In situations where the defendant lacks insurance coverage, the victim’s uninsured motorist coverage may also be tapped into to provide compensation for the devastation faced. Talk to a Lansing personal injury lawyer about your case today.
Scheduling a Consultation with a Michigan Drunk Driving Lawyer Is Essential
There are many factors to know about fatal drunk driving accidents in Michigan, but none are more critical than the simple fact that your life will never be the same because of the careless behavior of another person.
As a result, victims should seek legal guidance from an experienced Michigan fatal drunk driving accident lawyer. Our team at White Law PLLC can provide you with the guidance you need to move forward.
We’re Experienced. We Care.
We Exceed Client Expectations.
