Being hit by a drunk driver can change a person's life in seconds. Serious injuries may require surgery, hospitalization, rehabilitation, and months or years away from work. When a drunk driving accident causes a death, the victim's family may suddenly face funeral expenses, lost financial support, and the loss of a loved one's companionship.

We have helped both injured and the family of the deceased through this gut-wrenching time.

Michigan law provides both civil remedies for victims and their families and criminal penalties for drunk drivers who cause serious injuries or death.

The two cases are separate. A prosecutor decides whether criminal charges will be filed against the drunk driver. The injured person—or the estate of someone who was killed—may separately pursue compensation through a civil lawsuit.

What Happens If a Drunk Driver Injures You in Michigan?

If you are injured by a drunk driver, there may be several potential sources of compensation.

Michigan's no-fault insurance system generally provides certain PIP benefits regardless of who caused the accident. Depending on the circumstances and applicable insurance coverage, these benefits can include medical expenses, wage loss, attendant care, replacement services, and other benefits allowed under Michigan law.

A seriously injured person may also have a third-party personal injury claim against the drunk driver.

This claim is separate from the PIP claim and may permit recovery for damages such as:

Pain and suffering;
Disability;
Loss of enjoyment of life;
Mental and emotional suffering;
Scarring or disfigurement;
Certain excess medical expenses;
Certain excess wage loss and other economic losses; and
Other damages permitted under Michigan law.

The amount and type of compensation available depend on the circumstances of the accident, the severity of the injuries, available insurance coverage, and other factors.

What Criminal Charges Can a Drunk Driver Face for Causing Serious Injury?

Michigan law makes operating while intoxicated causing serious impairment of a body function a felony.

Under MCL 257.625(5), a drunk or impaired driver who causes a serious impairment of another person's body function can generally face:

Up to 5 years in prison and a fine of $1,000 to $5,000, or both.

Certain repeat offenders involving a high blood alcohol level may face substantially greater penalties, including up to 10 years in prison.

A court may also impose additional consequences authorized by Michigan law, including vehicle immobilization or forfeiture in appropriate circumstances.

The actual sentence is not automatically the statutory maximum. Criminal sentencing depends on the particular offense, the defendant's criminal record, Michigan sentencing law, and the facts of the case. There is a wide discrepancy of what we see prosecutors charge and what sentences judges impose.

What Happens If a Drunk Driver Kills Someone in Michigan?

When drunk or impaired driving causes another person's death, the consequences become substantially more serious.

Under MCL 257.625(4), operating while intoxicated or impaired causing death is generally a felony punishable by:

Up to 15 years in prison, a fine of $2,500 to $10,000, or both.

In certain high-BAC repeat-offender circumstances, the maximum prison sentence can increase to 20 years.

A drunk driver who causes the death of certain police officers, firefighters, or other emergency response personnel can also face a maximum sentence of 20 years under circumstances specified by Michigan law.

Other criminal charges may potentially arise depending on the driver's conduct and the facts surrounding the collision.

Can the Family File a Wrongful Death Lawsuit Against a Drunk Driver?

Yes.

A criminal prosecution does not replace the family's right to pursue a Michigan wrongful death claim.

Michigan's Wrongful Death Act, MCL 600.2922, generally permits a civil action when a person's death is caused by the wrongful act, neglect, or fault of another person.

Importantly, Michigan law specifically recognizes that a wrongful death action can exist even when the conduct causing the death also constitutes a felony.

That means a drunk driver may potentially face both:

Criminal prosecution by the State of Michigan, and

A civil wrongful death lawsuit brought by the personal representative of the deceased person's estate.

The criminal case seeks to punish the offender. The wrongful death case seeks financial compensation for losses caused by the death.

Who Files a Michigan Wrongful Death Lawsuit?

Under Michigan law, the wrongful death action is brought by the personal representative of the deceased person's estate.

Potential beneficiaries may include certain family members and other persons identified by Michigan's Wrongful Death Act. The probate and wrongful death process is important because a settlement is not simply divided informally among family members. Michigan law establishes procedures for notifying potential beneficiaries and distributing wrongful death proceeds.

What Damages Can Be Recovered After a Drunk Driving Death?

Every wrongful death case is different, but Michigan law permits recovery for damages resulting from the death.

Depending on the circumstances, damages may include:

Medical, Hospital, Funeral and Burial Expenses

A claim may include reasonable medical and hospital expenses associated with the fatal injuries as well as reasonable funeral and burial expenses.

Lost Financial Support

The death of a spouse, parent, or other provider can cause substantial financial losses to surviving family members.

A wrongful death claim may seek compensation for the financial support the deceased person would reasonably have provided.

Loss of Society and Companionship

The value of a human relationship cannot be measured simply by adding receipts.

Michigan wrongful death law permits recovery for the loss of society and companionship suffered by qualifying family members.

This can be an important component of damages when a spouse, parent, child, sibling, or other qualifying loved one is killed.

Conscious Pain and Suffering Before Death

If the person survived for a period of time following the crash and consciously experienced pain and suffering before death, the estate may potentially seek compensation for that suffering.

This issue can require careful examination of medical records, emergency treatment, witness testimony, and other evidence concerning the person's condition between the collision and death.

Does the Drunk Driver Have to Be Convicted Before I Can Sue?

No.

The civil case and criminal case are separate proceedings.

You generally do not have to wait for a criminal conviction before pursuing your civil rights. A drunk driving accident lawyer should investigate the civil claim independently rather than assuming the prosecutor will collect and preserve everything needed for the personal injury or wrongful death case.

Evidence from the criminal investigation, however, can be extremely important.

That evidence may include:

Police reports;
Body-camera and dash-camera video;
Blood and breath alcohol test results;
Toxicology reports;
Field sobriety test evidence;
Witness statements;
Accident reconstruction evidence;
Photographs and video of the crash scene;
Vehicle data;
911 recordings; and
Statements made by the suspected drunk driver.

Preserving this evidence early can be critical. However, often a civil case is paused until the outcome of the criminal matter. Further, the police do not have to release their investigation under Michigan law if it is an active investigation or used in the criminal prosecution.

What Insurance Pays When a Drunk Driver Causes an Accident?

Insurance coverage should be investigated immediately after a serious drunk driving accident.

Potential sources of recovery can include applicable no-fault PIP benefits, the drunk driver's bodily injury liability insurance, uninsured or underinsured motorist coverage, and other insurance policies that may apply to the accident.

In catastrophic injury and wrongful death cases, determining the available liability limits is particularly important. Just because a person is drunk does not mean that the insurance company does not have to cover the accident.

A driver may carry insufficient insurance to fully compensate a seriously injured person or grieving family. An attorney should therefore investigate all potentially responsible parties and all available insurance coverage, rather than stopping after identifying the drunk driver's basic automobile policy.

What Should I Do After Being Hit by a Drunk Driver?

Your health comes first. Obtain appropriate medical care and follow your physicians' recommendations.

You should also preserve evidence relating to the accident. Keep photographs, videos, medical records, bills, insurance correspondence, witness information, and documents showing lost income.

Avoid assuming that the criminal prosecution will protect your civil claim.

The prosecutor represents the government in the criminal case. The prosecutor does not serve as the injured person's personal injury attorney and does not represent the deceased person's family in a wrongful death lawsuit.

How Long Do I Have to File a Claim?

Michigan personal injury and wrongful death cases are subject to statutes of limitation and other deadlines. Insurance claims can also involve notice requirements that may expire much sooner than the general deadline for filing a lawsuit. Because determining the correct deadline can depend on the facts and legal claims involved, victims and families should avoid waiting until a limitation period is approaching before investigating their rights.

Injured by a Drunk Driver in Michigan?

A drunk driving accident can create several legal proceedings at the same time.

The driver may face criminal prosecution. An injured person may have a no-fault PIP claim and a third-party personal injury case. If the accident results in death, the personal representative of the victim's estate may have a Michigan wrongful death claim.

These cases can involve serious injuries, substantial medical expenses, permanent disability, lost income, pain and suffering, or the death of a loved one.

A complete investigation should address both sides of the case: what compensation is available to the victim or family, and what evidence exists to establish that the intoxicated driver caused the collision.

Frequently Asked Questions About Michigan Drunk Driving Accidents

How long can a drunk driver go to prison for killing someone in Michigan?

OWI causing death is generally a felony carrying a maximum sentence of 15 years in prison under MCL 257.625(4). Certain high-BAC repeat-offender circumstances can increase the maximum to 20 years.

What is the penalty for seriously injuring someone while drunk driving in Michigan?

OWI causing serious impairment of a body function generally carries a maximum sentence of 5 years in prison and a potential fine of $1,000 to $5,000. Certain qualifying high-BAC repeat offenders can face a maximum of 10 years.

Can I sue a drunk driver who injured me?

Potentially, yes. A person seriously injured by a drunk driver may have a third-party personal injury claim in addition to applicable Michigan no-fault benefits.

Can I sue if a drunk driver killed my spouse or family member?

Michigan's Wrongful Death Act allows a wrongful death action when a person's death results from another person's wrongful act, neglect, or fault. The action is brought by the personal representative of the deceased person's estate.

Does a criminal conviction automatically give the family compensation?

No. The criminal prosecution and civil wrongful death claim are separate. The prosecutor pursues criminal penalties, while the estate pursues the civil claim for compensation.

What is the difference between OWI causing death and a wrongful death lawsuit?

OWI causing death is a criminal charge prosecuted by the government. A wrongful death lawsuit is a civil claim brought by the personal representative of the deceased person's estate seeking compensation for losses resulting from the death.

Should I wait for the criminal case to end before contacting a lawyer?

No. Evidence relevant to a civil case should be identified and preserved promptly. The civil claim can have deadlines and insurance requirements separate from the criminal prosecution.