Drunk Driving Victim Claims

Michigan Drunk Driving Victim Claims

Being hit by a drunk driver is devastating — and the law is firmly on the victim's side. Michigan provides multiple avenues for drunk driving victims to pursue compensation, including direct claims against the impaired driver and separate "dram shop" claims against the establishment that unlawfully served them alcohol. Koussan Law aggressively pursues every source of compensation for victims of drunk driving crashes throughout Michigan.

Michigan's Dram Shop Act

Under the Michigan Liquor Control Code (MCL § 436.1801), bars, restaurants, and other licensed establishments can be held liable when they serve alcohol to a visibly intoxicated person who then causes an accident. This "dram shop" liability is separate from and in addition to the driver's liability, effectively doubling the available insurance coverage and creating two separate defendants. Dram shop claims must be filed within two years, and a written notice to the establishment is required within 120 days of the accident.

Enhanced Damages for Drunk Driving

When a driver was intoxicated at the time of a crash, Michigan juries tend to award significantly higher damages. The drunk driver's choice to drive impaired demonstrates a conscious disregard for the safety of others, which can support claims for exemplary damages in excess of standard pain and suffering awards. Additionally, drunk driving convictions or guilty pleas in the criminal case provide powerful evidence of negligence in the civil claim.

Multiple Insurance Policies

Drunk driving cases often involve multiple insurance policies: the driver's auto liability policy, the establishment's liquor liability policy (for dram shop claims), your own PIP coverage for medical expenses and wage loss under MCL § 500.3107, and potentially your UM/UIM coverage if the drunk driver is underinsured. We identify and pursue every available policy.

Call Koussan Law at (313) 800-0000 after being hit by a drunk driver.