Traverse City Drunk Driving Accident Attorneys

Over 45 Years of Experience Fighting for Injured Victims in Michigan

In Michigan, drunk driving means operating a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or driving while impaired by alcohol or drugs to the point where safe operation is affected. If you were injured in a crash caused by an impaired driver, you may have grounds to bring a personal injury claim seeking compensation for medical costs, lost income, pain and suffering, and other damages.

At Miller Embury PLLC, we have over 45 years of combined legal experience guiding individuals through the compensation process for injuries caused by negligence. Our team reviews evidence, negotiates with insurance companies, prepares settlement agreements, and represents you in court when necessary. We offer free consultations, we’re available 24/7, and we work on a contingency fee basis, meaning no legal fees unless we win.

Call us today at (888) 224-1239 to schedule a free consultation with a drunk driving accident attorney in Traverse City.

Building a Strong Drunk Driving Injury Case in Traverse City

Drunk driving injury cases differ from ordinary negligence claims in important ways. When a driver operates a vehicle while intoxicated, the violation of Michigan’s drunk driving statute can help establish their breach of duty under a legal concept called negligence per se, meaning the fact of intoxication itself carries significant evidentiary weight in your civil case. If the driver is charged or convicted, the criminal record, plea, or preliminary examination transcripts can often be used in your civil claim, because civil cases require only a preponderance of the evidence rather than proof beyond a reasonable doubt.

Early evidence preservation is especially critical in these cases. Surveillance footage from bars or nearby intersections is often overwritten within 30 to 60 days, and witness recollections fade quickly. Consistent medical documentation from day one also matters: gaps in treatment can be used by insurance carriers to challenge the extent of your injuries.

We work with the Traverse City Police Department and the Grand Traverse County Sheriff’s Office to gather and secure evidence. When the case calls for it, we bring in expert witnesses, including accident reconstruction specialists and medical providers, to provide objective analysis of the crash and your injuries.

What Building a Successful Case Involves

Building a successful case involves:

• Collection of Evidence: Gathering all available evidence from the accident scene, including photographs, video footage, and witness testimony, to help establish negligence by the at-fault party.
• Medical Documentation: Collecting thorough records of your injuries, ongoing treatments, and recovery progress to demonstrate the extent of your losses.
• Expert Testimony: Using accident reconstruction specialists and medical providers to deliver professional, objective analysis of the crash and your injuries.

How Our Attorneys Support Your Claim

Our drunk driving accident attorneys in Traverse City support your claim by:

• Investigating the Accident: We conduct an in-depth investigation, collecting and safeguarding evidence that may prove negligence, and collaborating with local law enforcement when needed.
• Negotiating with Insurance Companies: Insurance negotiations are challenging. We negotiate on your behalf and work to pursue the compensation available under the law.
• Representing You in Court: If your case goes to trial, we present it clearly and persuasively before the judge or jury. We’re prepared to take cases to court when insurance companies refuse to offer fair compensation.
• Offering Legal Advice: We guide you throughout the process, so you understand your rights and available options.

What Types of Compensation Can I Recover After a Drunk Driving Accident?

After a drunk driving accident, victims often face overwhelming medical costs, lost income, and emotional trauma. The compensation available depends on your circumstances, but recoverable damages typically include:

• Medical expenses (current and future)
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Emotional distress
• Loss of consortium (companionship) for family members

Michigan also allows exemplary damages when a defendant’s conduct is malicious, willful, or wanton. Drunk driving, particularly cases involving a high BAC or a repeat offender, can support such a claim. Exemplary damages in Michigan compensate a plaintiff for the heightened injury to feelings caused by outrageous conduct. Whether they apply depends on the specific facts of your case.

If the accident resulted in a wrongful death, surviving families may also seek compensation for funeral and burial costs, loss of financial support, and emotional suffering under Michigan’s Wrongful Death Act (MCL 600.2922). We’re dedicated to helping victims and families pursue the full compensation available under the law while holding negligent drivers accountable, and we have secured millions in settlements and verdicts on behalf of our clients.

Michigan No-Fault Law & Your Drunk Driving Claim

Michigan is a no-fault state, which means a single drunk driving crash typically gives rise to two separate claims. The first is a Personal Injury Protection (PIP) claim filed with your own insurer, covering medical expenses, wage loss, and replacement services. The second is a tort claim against the drunk driver for pain and suffering and other losses PIP doesn’t cover. Understanding both tracks, and their deadlines, is critical.

Key Deadlines & Thresholds

Key deadlines and thresholds to know:

• PIP Deadline: Your PIP claim must be filed within one year of the accident under MCL 500.3145. Missing this deadline can eliminate access to medical and wage benefits regardless of what happens in the criminal case against the driver.
• Tort Claim Deadline: The claim against the drunk driver runs on a separate three-year deadline under MCL 600.5805.
• Serious Impairment Threshold: To recover pain and suffering damages from the at-fault driver, your injury must meet Michigan’s serious impairment standard under MCL 500.3135: death, permanent serious disfigurement, or an objectively manifested impairment of an important body function that affects your general ability to lead your normal life.

Dram Shop Liability & Uninsured Drivers

Michigan’s Dram Shop Act (MCL 436.1801) creates a separate avenue for recovery. If a licensed bar, restaurant, or other establishment served a visibly intoxicated person who then caused the crash, that establishment may share liability, opening a second source of recovery beyond the drunk driver’s auto policy. Written notice must be served on the licensee within 120 days of retaining an attorney, so timing matters.

If the drunk driver is uninsured or underinsured, your own UM/UIM coverage, the driver’s personal assets, and a potential dram shop claim may all provide additional avenues for recovery. The 2019 no-fault reform (Public Act 21 of 2019) also allows Michigan drivers to select lower PIP coverage levels. If you chose a lower limit and medical bills exceed it, the difference may become part of your tort claim against the drunk driver. We can help you navigate each of these options.

Local Support for Drunk Driving Accident Victims in Traverse City

Crash victims in Traverse City often face mounting medical bills, missed work, and rehabilitation expenses after an impaired-driver crash. Many receive emergency and ongoing care at Munson Medical Center, a Level II Trauma Center and the regional referral center serving approximately 24 counties across northern Michigan. The financial and emotional pressure on families in the Grand Traverse County community is real and immediate.

We know the roads where these crashes happen, including US‑31, M‑37, and local neighborhood streets. We work with the Traverse City Police Department and the Grand Traverse County Sheriff’s Office to gather and secure evidence. And when insurance companies push back, we’re prepared to take your case to trial in Grand Traverse County courts.

Whether we’re negotiating a settlement or standing with you in the courtroom, our focus stays on pursuing the compensation available under the law. Read what our clients have to say about working with our team.

Ready to take action? Contact our Traverse City drunk driving accident attorneys at (888) 224-1239 today.

Commonly Asked Questions

What Constitutes Drunk Driving in Michigan?

Michigan defines drunk driving as operating a vehicle with a BAC of 0.08% or higher, or while impaired by alcohol or drugs to a degree that affects the driver’s ability to safely operate the vehicle. If you were injured in a crash involving a driver who meets these criteria, you may have grounds for a personal injury claim.

Why Should I Choose Miller Embury PLLC for My Drunk Driving Accident Claim in Northern or Western Michigan?

Choosing Miller Embury PLLC means working with a team that has over 45 years of combined legal experience in Michigan personal injury cases. Our attorneys understand the complexities of drunk driving injury claims and are committed to advocating for your rights. We focus on thorough evidence gathering, strategic negotiations, and trial-ready preparation, so you can concentrate on recovery while we handle the legal process.

Can I File a Claim If the Driver Wasn’t Convicted of DUI?

Yes. Even if the at-fault driver isn’t convicted of drunk driving, you can still file a personal injury claim. Civil cases require a lower burden of proof than criminal cases, so we can focus on demonstrating negligence by a preponderance of the evidence rather than proof beyond a reasonable doubt.

What If the Drunk Driver Was Uninsured or Underinsured?

You may still have options. If the at-fault driver lacks sufficient insurance, your own auto insurance policy may provide coverage through UM/UIM benefits. Depending on your situation, a dram shop claim against the establishment that served the driver, or the driver’s personal assets, may also be worth exploring. We can help you identify available avenues for recovery.

How Long Do I Have to File a Claim After a Drunk Driving Accident in Michigan?

The statute of limitations for personal injury claims in Michigan is generally three years from the date of the accident (MCL 600.5805). A separate one-year deadline under MCL 500.3145 applies to PIP claims for medical and wage benefits. Missing either deadline can significantly limit your recovery. The sooner you consult with an attorney, the better positioned you’ll be to protect your rights.