Holding Intoxicated Drivers Accountable in Michigan
A drunk driving accident is not a simple car crash — it is an act of conscious disregard for human life. The driver made a choice to get behind the wheel impaired, and Michigan law provides multiple legal avenues to hold them (and potentially others) fully accountable. Koussan Law has recovered significant verdicts and settlements for victims of intoxicated drivers throughout Michigan.
Michigan OWI Law and Your Civil Claim
Michigan criminalizes operating while intoxicated (OWI) under MCL § 257.625. A BAC of 0.08% or higher creates a presumption of intoxication, but you can also be charged with OWI based on impairment from any amount of alcohol or controlled substances. For your civil claim, the criminal charge and any resulting conviction become powerful evidence. Police reports, breathalyzer results, field sobriety tests, and toxicology reports all become exhibits in your personal injury case.
Who Else Can Be Held Liable?
Beyond the drunk driver, Michigan law allows claims against liquor licensees under the Dram Shop Act (MCL § 436.1801) if they served a visibly intoxicated patron who then caused your injuries. Social hosts who serve minors can also be liable under MCL § 436.1701. Employers whose employees were drinking at company events or during work may face respondeat superior liability. Identifying all liable parties is critical because auto accident claims against drunk drivers with minimum insurance coverage may not fully compensate catastrophic injuries.
The Serious Impairment Threshold
To recover pain and suffering damages in Michigan, your injuries must meet the "serious impairment of body function" threshold under MCL § 500.3135. This requires proving an objectively manifested impairment of an important body function that affects your general ability to lead your normal life. Drunk driving accidents disproportionately cause injuries that meet this threshold — traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ damage — because impaired drivers tend to be traveling at higher speeds, fail to brake, and are involved in more severe collisions.
Wrongful Death from Drunk Driving
When a drunk driving accident kills a loved one, Michigan's Wrongful Death Act (MCL § 600.2922) allows the personal representative of the estate to file suit. Recoverable damages include funeral costs, loss of financial support, loss of companionship, and the decedent's pain and suffering before death. Wrongful death claims from DUI accidents often result in substantial verdicts because of the egregious nature of the defendant's conduct.
Contact Koussan Law
If you or a loved one was injured or killed by a drunk driver in Michigan, Koussan Law will fight aggressively for full compensation. Call (313) 800-0000 for a free consultation. Use our case calculator to get an initial estimate of your claim's value.
