The Impact of Michigan’s Dram Shop Law on Drunk Driving Accident Claims

Committed to Michigan Drunk Driving Accident Victims

Many times in life, it feels appropriate to have a drink. Sometimes, it’s a means of celebration; other times, it’s a means of coping. In a perfect world, we hope that no matter the reason someone chooses to imbibe, they would do so with responsibility and consideration for the community. Unfortunately, that is not always the case. The reality is that reckless behavior and negligence too frequently take over. Impaired driving is an incident that has become commonplace and often has devastating consequences.

If you or a loved one have been injured in a drunk driving accident in Michigan, the team of committed and qualified drunk driving attorneys at Sigal Law Firm are available to help. We understand the impact these events have on you, the victim, as well as your family, and all those who care for you. We will be your voice and work tirelessly to seek the justice you deserve. Call 248-671-6794 for a free consultation.

What is Michigan’s Dram Shop Statute?”

A dram shop statute prohibits the sale or furnishing of alcohol to a minor or individual who is “visibly intoxicated.” It only applies to bars, restaurants, liquor stores, and other establishments, but it holds vendors accountable for injuries caused by intoxicated individuals while on their premises.

For example, under Michigan’s dram shop statute, a bar owner (or bartender) can be held liable for the later actions of an intoxicated customer if that person was “visibly intoxicated” or a minor (under age 21) and the owner or bartender continued to serve them.

What is Liability and How is it Proven?

The idea behind dram shop statutes is all about liability and who is ultimately held responsible for the pain and suffering victims endure when others behave irresponsibly. No one wants to be the one left paying the bill. The bottom line is that not only is the intoxicated individual liable for the damage they do, but the bar or restaurant should also be held responsible for continuing to serve the individual when they were clearly over their limit.

Proving liability with dram shop statutes can be challenging but is not impossible. There are multiple ways to establish liability in these complex cases. Our dedicated and empathetic team of attorneys will work closely with you to determine all the facts of your case and hold all those responsible for your injuries and trauma accountable. Dram shop statute liability may be proven if it can be shown that:

• The defendant drank from the establishment in question
• Staff or owners were observed overserving the defendant past their limit (the defendant was “visibly intoxicated”)
• The defendant is a minor (under the age of 21)

The following questions must be answered for a solid case of liability:

• Was the defendant “visibly intoxicated” at the time of the incident?
• How many drinks did the individual have at the establishment, and how inebriated would that cause a person of the same height/weight to become?
• Did the individual consume any alcohol at any other location?
• Was the intoxicated person responsible for the accident?
• How severe were the alleged injuries?

How Are Personal Injury Claims Filed?

It’s important to realize that filing a personal injury claim is a multi-step process. In most cases, it is wise to obtain help from a qualified case manager or to seek assistance from a legal team like the personal injury lawyers of Sigal Law Firm. We have the experience and wisdom to guide you through the complexities of the legal process.

A personal injury claim follows six basic steps. Each case is unique and can always take a turn somewhere along the process. Having a trained advocate is essential to fight for your rights. The process is as follows:

• Identify Responsibility
• Send Notification of Claim
• Gather Evidence
• Make Demand for Compensation
• Negotiate Settlement Amount
• Sign the Settlement Agreement

As the Injured party, you have the right to compensation for your pain and suffering. If you or a loved one has suffered a catastrophic injury or your family has gone through the trauma of the wrongful death of a loved one, you deserve compensation for your tragic loss. The personal injury attorneys at Sigal Law Firm are ready to fight for you.

What Compensation Might Be Available for My Injury?

Every case is unique, and it is impossible to guess what compensation may be awarded beforehand. As a very general rule of thumb, some types of compensation are:

• Medical bills pile up above and beyond what most insurance plans cover. You are entitled to compensation for bills, including the ongoing treatment you will require to deal with your disabilities. This includes money you would have earned if you remained employed.
• Pain and suffering, including ongoing discomfort
• Emotional turmoil/PTSD/Depression

When Should I Contact a Drunk Driving Attorney?

All traffic accidents are terrifying experiences. They happen quickly, and there is rarely time to react to prevent them from happening. When someone chooses to drive while intoxicated, they often don’t think of the other lives they may be touching and who they may injure during an accident. We have the experience and can help you with every aspect of your case. Help is just a phone call away. At Sigal Law Firm, our personal injury lawyers are dedicated to your case. We hold negligent drivers and those who overserve them accountable. Call 248-671-6794 for a free consultation.