Drunk Driving Accidents

Drunk Driving Accidents in Michigan: Holding Impaired Drivers Accountable for the Devastation They Cause

When a drunk driver crashes into you, the criminal justice system handles the DUI charge. But the criminal case doesn't pay your medical bills. It doesn't replace your lost income. It doesn't compensate you for the chronic pain, the PTSD, or the fact that you can't pick up your kids anymore because of a shattered shoulder. That's what the civil case does — and it's an entirely separate legal proceeding where the burden of proof is lower and the available recovery is unlimited.

At Koussan Law, I represent victims of drunk driving accidents across Michigan. These cases carry a significant advantage for the plaintiff: evidence of intoxication — BAC results, field sobriety test failures, the driver's own admission of drinking — is devastating in front of a jury. Jurors despise drunk drivers. Insurance companies know this, which is why drunk driving cases often settle for more than comparable sober-driver accidents. But "more" isn't always "enough," and I don't accept settlements that fail to account for the full scope of my clients' injuries.

Civil Liability vs. Criminal Prosecution

The criminal DUI case and your civil personal injury case are completely separate. The criminal case is the State of Michigan vs. the drunk driver. Your civil case is you vs. the drunk driver (and potentially other defendants). Different courts, different standards of proof, different outcomes. A criminal conviction helps your civil case enormously — but even if the driver is acquitted or the charges are reduced, your civil claim survives. The civil standard is "preponderance of the evidence" (more likely than not), not "beyond a reasonable doubt."

Dram Shop Liability: When Bars and Restaurants Share the Blame

Michigan's Dram Shop Act — MCL § 436.1801 — creates a separate cause of action against bars, restaurants, and other licensed establishments that serve alcohol to a visibly intoxicated person who then causes an accident. If the drunk driver was overserved at a bar before crashing into you, that bar is a defendant in your case. Dram shop claims add a deep-pocket defendant with commercial insurance, often dramatically increasing the available recovery. I investigate every drunk driving case for dram shop liability because the establishment's commercial policy frequently exceeds the driver's personal auto coverage.

Frequently Asked Questions

Q: What damages can I recover from a drunk driver in Michigan?

All standard personal injury damages apply: medical expenses (past and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. Additionally, Michigan allows exemplary damages in drunk driving cases — damages that go beyond compensatory to punish the driver's egregious conduct. The intoxication itself is evidence of gross negligence, which supports a higher damages award.

Q: What if the drunk driver has minimal insurance?

This is exactly why I investigate every avenue of recovery. Dram shop claims against the serving establishment add their commercial general liability coverage. Your own UM/UIM coverage may apply. If the drunk driver was driving a company vehicle or was on the clock, the employer may be liable. If the vehicle was borrowed, the vehicle owner's policy may apply. I layer every available source of coverage to maximize recovery.

Q: Does a DUI conviction guarantee I win my civil case?

A DUI conviction is powerful evidence in your civil case, but it doesn't automatically establish civil liability. I still need to prove causation — that the intoxication caused the accident that caused your injuries. In practice, this is rarely difficult when the driver was impaired, but it's a legal element that must be established. What the conviction does is make the negligence element essentially unchallengeable.

Q: What is the statute of limitations for a drunk driving accident claim?

Three years from the date of the accident under MCL § 600.5805 for the personal injury claim. Dram shop claims have a shorter deadline — two years under MCL § 436.1801. The dram shop deadline is separate and shorter, so if there's any possibility a bar or restaurant overserved the driver, contact an attorney immediately. PIP benefits have a one-year-back rule under MCL § 500.3145.