An ordinary car accident is frustrating, but knowing the collision was entirely preventable is infuriating. As dedicated Detroit drunk driving accident lawyer, the team at Kajy Law Firm understands the sense of injustice you are feeling.
After a crash, the police will handle the criminal side of things, arresting the driver and pursuing charges. But that process does nothing to pay your medical bills, cover your lost paychecks, or compensate you for what you’ve been through. To make matters more complicated, Michigan's no-fault insurance system is confusing and hard to navigate, leaving many Detroit residents unsure of who is supposed to pay for what.
Insurance companies are businesses and usually move quickly to offer a settlement before you even know the full extent of your injuries. Our practice focuses on holding negligent drivers and their insurers accountable. We ensure your rights are protected and that you pursue the full compensation available under the law.
You don't have to face this alone. Call Kajy Law Firm at (248) 290-8549 for a free consultation to understand your options.
Why Choose Kajy Law Firm?
When you're recovering from a traumatic event caused by a drunk driving accident, you need a dedicated team that treats you like family while aggressively protecting your future. This is the foundation upon which Kajy Law Firm was built.
The Kajy Cares Philosophy
Our firm operates on a simple but powerful mission: C.A.R.E. This stands for Communication, Attention, Responsiveness, and Effort.
Founder Lawrence Kajy established our firm to be the antithesis of settlement mills, where firms churn through cases quickly to get a high volume of settlements, but which leaves most clients short-changed. We work differently—we always pursue the maximum compensation available under the law for our clients, prioritizing the quality of our case resolutions over the quantity of cases.
We recognize that behind every case is a person whose life has been disrupted. We prioritize keeping you informed, giving your case the detailed attention it requires, and responding promptly to your questions and concerns.
A Track Record of Results
Our commitment to clients is reflected in our results. We have achieved a 98% success rate, securing over $100 million in total settlements for those we represent. Our team, led by Lawrence Kajy (recognized as one of the National Trial Lawyers Top 40 under 40) and John Schroder (Head of Pre-Litigation), handles car, truck, and motorcycle accidents every single day. This focus gives us a deep well of experience in the specific challenges these cases present, especially those involving drunk drivers.
Our No-Fee Guarantee
We believe that access to justice should never depend on your ability to pay. That's why we operate on a contingency fee basis. Simply put, you pay absolutely nothing unless we win your case. There are no upfront costs or hidden fees.
Our office is conveniently located at 18000 W Nine Mile Rd #1400, in Southfield, across from the Language Center International, just off of the M-39 highway. We proudly serve the greater Detroit community, and if your injuries prevent you from traveling, we will come to you.
Your Right to Compensation After a Drunk Driving Crash
The goal of compensation is to cover every expense caused by the accident and to help restore the financial stability that was taken from you. In Michigan, this involves managing a few different types of claims, including securing your personal injury protection benefits, and a skilled lawyer helps ensure you access every dollar you are entitled to.
Economic Damages (Tangible Losses)
These are the straightforward, calculable costs associated with the accident. We help you recover costs that exceed your policy, including:
- Medical Expenses: This covers everything from the initial ambulance ride and emergency room visit to future surgeries, physical therapy, and prescription medications. Your PIP policy has a coverage limit you selected, and costs beyond that may be claimed against the drunk driver.
- Lost Wages: Your no-fault benefits cover a percentage of your lost income for up to three years, but it's capped at a monthly maximum. Any wages you lose beyond what PIP covers are part of your claim against the negligent driver.
- Vehicle Repair or Replacement Costs: Michigan's Mini-Tort provision allows you to recover up to $3,000 from the at-fault driver for vehicle damage costs not covered by your insurance, like your deductible.
Non-Economic Damages (Pain and Suffering)
This is the core of your claim against the drunk driver. These damages compensate you for the human cost of the accident, such as the physical pain, emotional distress, sleepless nights, and the loss of ability to enjoy your life as you once did. In cases involving a drunk driver, the egregious nature of their negligence may lead to higher values for these claims.
What If I Am Partially at Fault?
Insurance adjusters will look for any reason to reduce a payout, and that includes trying to shift some of the blame onto you. Perhaps you were driving a few miles over the speed limit when the drunk driver swerved into your lane.
Michigan’s modified comparative negligence rule (MCL 600.2959) states that you may still recover damages as long as you are 50% or less at fault, though your compensation will be reduced by your percentage of fault. The fact that the other driver was intoxicated almost always makes them the overwhelmingly responsible party, but having an attorney is the best way to fight back against unfair blame.
Understanding Drunk Driving Claims in Detroit
Criminal vs. Civil Liability
The criminal case is handled by the state prosecutor and their goal is to punish the drunk driver with penalties like jail time, fines, and a suspended license. This case proceeds completely independently of your claim. You do not need to wait for the criminal trial to conclude before you start the process of getting compensated for your injuries and losses.
The civil case is a separate action where we, on your behalf, pursue financial compensation from the driver and their insurance company. The outcome of the criminal case may be helpful, but your right to compensation does not depend on a conviction.
Michigan’s Dram Shop Law (Liability for Bars/Restaurants)
In some cases, the drunk driver is not the only liable party, which is why working with a personal injury attorney is critical to identifying every source of recovery. Michigan’s Dram Shop Law (MCL 436.1801) holds that if a bar, restaurant, or other licensed establishment served alcohol to a person who was visibly intoxicated, that establishment might also be financially responsible for the harm they cause.
This is a complicated area of law that requires immediate action. Evidence like security footage, receipts, and witness testimony may disappear quickly. If you suspect the driver who hit you came from a bar, contact a lawyer right away to preserve this potential evidence.
The Threshold for Serious Impairment
Michigan's no-fault law limits your ability to sue for non-economic damages unless your injuries meet a certain legal standard. To pursue a pain and suffering claim, you must have suffered death, permanent serious disfigurement, or what the law calls a serious impairment of body function (MCL 500.3135).
Common Injuries in High-Speed DUI Crashes
The violent forces involved in accidents with impaired drivers typically lead to catastrophic injuries, including:
- Traumatic Brain Injuries (TBIs): Concussions, contusions, and other head injuries that may have lifelong cognitive and emotional effects.
- Spinal Cord Damage: Injuries that may result in partial or total paralysis, chronic pain, and loss of function.
- Internal Organ Bleeding: The blunt force trauma of a crash may cause life-threatening damage to internal organs.
- Shattered Bones: Complicated fractures that may require multiple surgeries and extensive rehabilitation.
Injured in an Accident? Call Kajy Law Now!
Where Do Drunk Driving Accidents Occur in Detroit?
While a drunk driving accident could happen anywhere, certain areas and times in Detroit present a higher risk due to the city’s layout and nightlife.
High-Risk Corridors and Intersections
Logic dictates that accidents are more frequent in areas with a high concentration of bars and entertainment venues. This includes corridors leading away from places like Greektown, Corktown, and the downtown sports and concert arenas. Major arteries are frequently the site of high-speed crashes as intoxicated drivers leave these areas. These roads include:
- I-75
- I-94
- The Lodge Freeway (M-10)
- Gratiot Avenue
- Woodward Avenue
The combination of high speeds and impaired judgment on these routes creates a dangerous environment for all sober drivers.
Seasonal and Temporal Factors
Drunk driving accidents peak during specific times.
- The late-night and early-morning hours, particularly between 12:00 AM and 3:00 AM on weekends, are the most common periods for these incidents.
- Additionally, certain holidays are associated with spikes in DUI-related crashes. These include New Year's Eve, St. Patrick’s Day, the Fourth of July, and the night before Thanksgiving.
Dealing with the Insurance Company
After a crash, you might expect an insurance adjuster to be a helpful guide. Remember that they work for a for-profit business. Their objective is to resolve your claim for the lowest possible amount. This inherent conflict of interest shapes every interaction you will have with them.
Tactics Insurers Use to Minimize DUI Claims
Insurers employ a standard playbook: Delay, Deny, and Defend. They know that the longer the process drags on, the more financial pressure you will feel.
- The Recorded Statement Trap: An adjuster may call you, acting friendly and concerned, and ask for a recorded statement. They are trained to ask questions designed to get you to downplay your injuries ("So you're feeling a little better today?") or admit to a tiny bit of fault that could be used against you later. Decline to provide a recorded statement until you have spoken with an attorney.
- The Lowball Offer: They usually make a quick settlement offer, sometimes before you've even completed your medical treatment. This offer is almost always a fraction of your claim's true value and rarely accounts for future medical needs, long-term pain, or all of your lost wages. They hope your anxiety about mounting bills will compel you to accept it.
FAQ for Detroit Drunk Driving Accidents
What if the drunk driver who hit me doesn't have insurance?
This is where your own policy's Uninsured Motorist (UM) Coverage comes into play. This is optional coverage, but if you have it, your own insurance company will step in and cover the damages the at-fault driver is responsible for, including your pain and suffering.
Can I still sue if the driver was acquitted of DUI in criminal court?
Yes. The criminal and civil justice systems have different standards of proof. To convict someone of a crime, a prosecutor must prove guilt "beyond a reasonable doubt," which is a very high standard. In a civil case, we only need to prove liability by a "preponderance of the evidence," which simply means it is more likely than not that the other driver's negligence caused your injuries.
How long do I have to file a claim in Michigan?
The deadlines are strict. For a negligence claim against the drunk driver (for pain and suffering), you generally have three years (MCL 600.5805) from the date of the accident. However, the deadline to file for your own no-fault (PIP) benefits is much shorter, at only one year (MCL 500.3145). Because of these differing timelines, it is best to speak with a lawyer as soon as possible.
Does the no-fault law mean I can't sue the drunk driver?
No, this is a common misconception. While you cannot sue the at-fault driver for medical bills that are covered by your own PIP insurance, you absolutely may sue them for pain and suffering damages, provided your injuries meet the "serious impairment" threshold discussed earlier. You may also sue for excess medical bills and lost wages that go beyond your PIP policy limits.
What if I was a passenger in the drunk driver's car?
As a passenger, you have the same rights to compensation as anyone else injured in the crash. You may file a claim for no-fault benefits and you have the right to sue the driver of the car you were in for their negligence in causing your injuries. Your decision to get in the car does not take away your right to be compensated for their reckless choice to drive while intoxicated.
Don’t Let a Drunk Driver’s Recklessness Define Your Future
You should not be responsible for the financial, physical, and emotional costs of someone else’s mistake. The insurance and legal process is designed to be difficult and tiring, but you do not have to face it by yourself.
The Kajy Law Firm is here to be the bridge between you and the system. We will handle the paperwork, the phone calls, and the legal fight so you can pour all your energy into what truly matters: your recovery. You deserve a team that cares about your well-being and has the experience to secure the best possible outcome for your case.
Take the first step toward justice today. Call (248) 290-8549 for a free, no-obligation case evaluation with a compassionate Detroit car accident lawyer.