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Last Modified on Feb 21, 2026
Wondering what happens when you get hit by a drunk driver in Michigan? Regardless of Michigan’s strict drunk driving laws, people still drink and drive. Some of those drivers end up causing crashes that result in serious injuries or fatalities. A trusted Michigan car accident lawyer can help you determine the best path forward if you are facing this situation.
If you’ve been a victim of carelessness or negligence by a drunk driver, your personal injury lawyer can help you advocate for justice. An experienced attorney understands how physically, financially, and emotionally devastating a drunk driving accident can be for victims and their families. It is often helpful to see how personal injury settlements are paid out to understand the financial recovery process.
Keep reading to understand more about the legal ramifications that happen after you’re hit by a drunk driver.
How Does Michigan Define Drunk Driving?
In 2023, there were 12,429 drunk-driving deaths across the United States, and the average number of daily drunk driving deaths year over year is 37 per day. Michigan has a specific protocol for determining drunk driving. As laid out by the Michigan Legislature, “drunk driving” is defined by the following descriptions:
- Driving while impaired by alcohol or another intoxicating substance.
- Driving with a blood alcohol content (BAC) of 0.08% or higher.
If the driver is under legal drinking age (21), there are additional definitions of drunk driving, including:
- Driving with a BAC of 0.02% or higher, or any alcohol in your body, unless it was consumed at a religious ceremony.
Is the Drunk Driver Immediately at Fault?
Believe it or not, a driver under the influence of alcohol or drugs isn’t automatically at fault for an accident. It may be possible that the cause of the accident was unrelated to the driver’s level of intoxication. Our skilled Michigan personal injury lawyer can investigate the specific details of your collision to prove liability.
For the driver to be determined liable for injuries or damage resulting from an accident, the party seeking compensation must be able to prove that the intoxicated driver was at fault.
Legal fault has the following three components:
- Duty of Care: Drivers are required by law to operate their vehicles with care at all times.
- Breach: The driver did something that was unreasonable or reckless.
- Causation: This is established by proving a direct correlation between the breach of care and the injuries or damage.
“Negligence Per Se” Laws
Michigan has “negligence per se” laws that can affect situations like these. These laws deem an act negligent as soon as it violates a law enacted to protect the public. This is particularly important in a drunk driving context, and a dedicated Michigan wrongful death lawyer can explain how these laws apply if a tragedy occurs.
Because of this, the duty of care and breach are automatically established via proof that the driver violated DUI laws.
Therefore, the party seeking compensation only needs to prove that the defendant caused the accident and was driving under the influence.
What Happens When You Get Hit by a Drunk Driver?
While your existing options are legally complex, it’s important to remember that Michigan law doesn’t require you to answer any questions from the opposing insurer.
As the injured victim of a crash caused by a drunk driver, you have legal options that you can pursue, including, but not limited to:
- Your No-Fault Insurance: Financial benefits are available from your own insurance company for your medical bills, wage losses, attendant care, and other services. Even if you don’t own a car, you might still be eligible for no-fault benefits.
- A Personal Injury Claim: You can file a civil claim against the drunk driver who caused your accident and injuries. You would be eligible to receive a wide variety of both economic and non-economic damages.
- A Michigan Dram Shop Claim: A bar, restaurant, or liquor store that sold alcoholic beverages to the driver who caused your crash might be held liable for your injuries. However, the business must have sold alcohol to a minor or a visibly intoxicated person to be held responsible. Then that person must have caused an accident resulting in injuries, death, or property damage. ou should also learn about the Michigan no-fault law to see how different insurance layers interact in these cases.
- Your Own Insurance: If you’re covered by uninsured and underinsured motorist insurance, you might be in a position to file a personal injury claim with your own insurance company.
No-Fault PIP Coverage: What It Pays and Key Deadlines
Understanding no-fault PIP coverage is essential if you’re involved in an accident with a drunk driver. Under Michigan’s DUI laws, your first line of financial protection comes from your own insurance, or PIP, which, depending on the severity of your damages, could cover some but not all of your expenses. In cases involving a serious traumatic brain injury, these benefits become even more vital for long-term care. With the help of an experienced DUI attorney, you can navigate the rules of PIP and meet all the deadlines. Some of the key points you need to understand include:
- Who to file with. In general, because of Michigan’s no-fault system, you need to either file with your own insurer or the next insurer in the priority chain if you don’t have coverage.
- What PIP covers. This includes some medical treatment, allowable care-related expenses, and wage loss within Michigan’s statutory limits and your own policy selections.
- Time-sensitive rules. Michigan’s no-fault claims have strict deadline requirements, including the one-year back rule, which can bar you from recovering compensation on older losses if litigation becomes necessary.
- Practical takeaways include: file your application on time, keep copies of every submission, medical bill, mileage log, and work restriction notes. It is also important to understand what to expect physically after a car accident to document all symptoms for your claim.
Properly handling your no-fault POP claim is critical when you’re trying to make sure that you get compensated for your injuries and expenses. This means that meeting deadlines, keeping thorough records, and working with an experienced DUI attorney can help you comply with Michigan’s DUI laws while strengthening your drunk driver accident case.
What to Do in the First 24 Hours After a Drunk Driving Accident
The first 24 hours after an accident can make a big difference in both your recovery and your potential drunk driver accident case. Understanding what steps you need to take so that a DUI attorney has everything they need to file a claim under Michigan’s DUI laws is essential. To that end, some critical steps that can help preserve your health, important evidence, and the strength of your drunk driver accident case include:
- Call 911 and request a police response. Make sure the report documents any signs of impairment, like the smell of alcohol, slurred speech, open containers, or admissions from the driver.
- Get immediate medical care. Even if your injuries seem minor, get treated right away. Delayed treatment can be used by insurers to argue that your injuries weren’t serious. In addition, a record of immediate medical treatment can help establish a connection between your injuries and the accident.
- Document the scene, if you’re able. Take photos of the vehicles involved, any damage, skid marks, road conditions, and any visible injuries, if possible.
- Collect witness information, including the names and numbers of anyone who saw the accident.
- Ask about the police report. Be sure to get the report number and the instructions for obtaining a copy.
- Limit your conversations with insurers. Avoid giving recorded statements or speculating about fault, speed, or feelings until you’re medically stable and have spoken to a DUI lawyer.
- Start a symptom journal. Track any pain, headaches, sleep disruption, anxiety, and any functional limitations. Non-economic damages are often minimized later on, but this record can support your drunk driver accident case.
Following these initial steps offers the strongest chance to protect yourself and your rights. An experienced DUI attorney can guide you through Michigan’s DUI laws, coordinate with insurers, and advocate for the compensation you deserve. Taking action in the first 24 hours isn’t just about evidence, it’s about safeguarding your recovery and your future.
Please Do Not Drink and Drive
Every day in the United States, 37 people die in car crashes involving alcohol—that’s one person every 39 minutes. All of these deaths are preventable.
Remember: If you feel different, you drive differently. Never drink and drive.
Additionally, if you see a careless driver on the road, they could be driving under the influence. In these situations, contact law enforcement immediately to get them off the road.
One phone call could save someone’s life.
Hire a DUI Lawyer: Wigod & Falzon is Here for You
Anyone who’s undergone injury or property damage after an accident involving an intoxicated driver deserves compensation.
Our attorneys at Wigod & Falzon understand that these situations are scary, and we’ll handle your case with compassion and dedication every step of the way. When you hire a DUI lawyer from our team, you can count on us to pursue every avenue available to see that you receive total and fair compensation for your injuries and losses. Reach out to our legal team today for a no-commitment consultation.
