A Drunk Driving Accident Is Not Just a Car Accident
When someone chooses to drink and drive, the resulting crash is not an "accident" in any meaningful sense. It is the predictable result of a conscious decision to endanger everyone else on the road. Michigan law recognizes this distinction, and the legal consequences for drunk drivers — both criminal and civil — reflect it. If you were injured by a drunk driver, your claim is significantly stronger than a standard auto accident case, and the compensation can be substantially higher.
Enhanced Damages: Why DUI Cases Settle Higher
In a typical car accident case, you recover economic damages and, if you meet the serious impairment threshold, non-economic damages. In a drunk driving case, the at-fault driver's intoxication is evidence of gross negligence, which opens the door to punitive (exemplary) damages. Punitive damages are designed not just to compensate you but to punish the drunk driver and send a message that Michigan does not tolerate this conduct. Juries in drunk driving cases tend to award significantly higher non-economic damages as well, because the moral weight of the defendant's conduct resonates.
Michigan's Dram Shop Act
Michigan's Dram Shop Act (MCL § 436.1801) creates liability for bars, restaurants, and other liquor licensees that serve alcohol to a visibly intoxicated person who then causes an injury. If the drunk driver who hit you was over-served at a bar, that bar may be liable for your injuries. Dram shop claims add another insurance policy and another defendant to your case, which increases the total available compensation. Proving visible intoxication requires evidence — bar receipts, surveillance footage, witness testimony from other patrons, and server statements. Koussan Law moves fast to preserve this evidence before it disappears.
Social Host Liability
Michigan also imposes limited liability on social hosts who serve alcohol to minors under MCL § 436.1701. If someone hosted a party, served alcohol to a person under 21, and that minor then caused a drunk driving accident, the host can be held liable. This does not extend to adult-to-adult social hosting in Michigan, but the minor exception is significant given the prevalence of underage drinking-related crashes.
Proving Intoxication in the Civil Case
The criminal DUI case and your civil personal injury case are separate proceedings. A criminal conviction for drunk driving is powerful evidence in your civil case, but you do not need to wait for the criminal case to resolve. Police reports, breathalyzer or blood test results, officer observations, and witness testimony can all establish intoxication in your civil lawsuit. Even if the criminal charges are reduced or dismissed through a plea deal, your civil claim for full compensation remains.
If you or a loved one was injured by a drunk driver in Michigan, call Koussan Law at (313) 800-0000. These cases demand aggressive representation and we pursue every dollar of available compensation.
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