Michigan Drunk Driving Accident Attorney
Drunk driving accidents are not accidents — they are entirely preventable tragedies caused by a conscious, reckless choice. According to the Michigan State Police 2024 Annual Drunk Driving Audit, there were 8,542 alcohol-involved crashes in Michigan in 2024 alone, resulting in 307 deaths — accounting for 27.3% of all fatal crashes in the state that year. Behind every one of those statistics is a family whose life was changed in an instant by someone who should never have gotten behind the wheel.
At Jalal Abdallah Law PLLC, we represent victims of drunk and drugged driving accidents across Southfield, Detroit, Dearborn, and all of Michigan. We understand both the criminal and civil legal processes that follow these crashes — and we know exactly what it takes to deliver a complete, persuasive claim that achieves the highest possible settlement or verdict for our clients.
The Criminal Case and Your Civil Rights Are Separate
One of the most important things to understand after a drunk driving crash is that the criminal case against the driver and your civil claim for compensation are entirely independent legal proceedings.
In the criminal case, the State of Michigan prosecutes the drunk driver for violating MCL 257.625. Under Michigan law, a driver is legally intoxicated with a blood alcohol content (BAC) of 0.08% or higher. The criminal penalties are severe — OWI causing serious injury to another person is a felony under MCL 257.625(5), carrying up to five years in prison and fines of $1,000 to $5,000. OWI causing death carries up to 15 years in prison and fines up to $10,000. A criminal conviction also triggers mandatory license revocation.
However, criminal penalties do not put money in your pocket. A drunk driver can be convicted and imprisoned while you still struggle with mounting medical bills, lost income, and permanent injuries. That is where your civil claim comes in — and why you need an attorney working on your compensation case from day one, independent of whatever the criminal process produces.
Critically, a criminal conviction — even a guilty plea — does not automatically guarantee your civil compensation. Insurance companies still dispute liability, challenge the extent of injuries, and attempt to minimize settlements even in cases involving convicted drunk drivers. You must still file and prove your civil claim.
Who Can Be Held Liable in a Michigan Drunk Driving Accident?
The Drunk Driver
The intoxicated driver bears primary liability for all injuries caused by their reckless decision to drive impaired. Unlike standard negligence cases, drunk driving involves intentional reckless conduct — which in Michigan can give rise to exemplary damages beyond standard compensation, intended to punish particularly egregious behavior. Importantly, judgments against a driver convicted of OWI causing injury or death are non-dischargeable in bankruptcy, meaning the driver cannot escape the judgment by filing for bankruptcy protection.
Bars, Restaurants, and Alcohol Vendors — Michigan Dram Shop Act
Michigan’s Dram Shop Act under MCL 436.1801 allows injured victims to hold licensed establishments financially responsible when they illegally overserved alcohol to a visibly intoxicated person who then caused an accident. To establish a dram shop claim, three elements must be proven:
- The establishment sold alcoholic beverages to the driver
- The driver was visibly intoxicated at the time of the sale — meaning their impairment would have been apparent to an ordinary, reasonable person
- The intoxication was a proximate cause of the victim’s injuries
Dram shop claims apply to bars, restaurants, nightclubs, and any licensed liquor vendor. They can provide a significant additional source of compensation beyond the drunk driver’s own insurance policy — particularly important when the driver’s coverage limits are inadequate for the injuries caused.
Critical deadline: Dram shop claims against licensed establishments require written notice within 120 days of the accident under MCL 436.1801. Missing this deadline permanently eliminates the dram shop claim. Contact an attorney immediately if a bar or restaurant may have contributed to the driver’s intoxication.
The Vehicle Owner
If the drunk driver was operating a vehicle owned by someone else — a family member, an employer, or any third party — the vehicle owner may also bear liability under Michigan’s owner liability laws when they negligently entrusted their vehicle to someone they knew or should have known was a risk.
What Compensation Can You Recover?
Drunk driving accidents frequently cause catastrophic injuries — traumatic brain injuries, spinal cord damage, multiple fractures, severe burns, and wrongful death. Victims of drunk driving accidents in Michigan may recover:
- All medical expenses — emergency care, surgery, hospitalization, rehabilitation, and long-term or lifetime care
- Lost wages and lost future earning capacity
- Pain and suffering and emotional distress
- Loss of enjoyment of life and disfigurement
- Loss of consortium for affected spouses and family members
- Exemplary damages in cases of particularly egregious conduct
- Wrongful death damages for families who have lost a loved one
Michigan’s no-fault PIP benefits cover your immediate medical expenses and lost wages regardless of fault. To pursue pain and suffering and full non-economic compensation from the drunk driver, your injuries must meet the threshold under MCL 500.3135. Given the severity of injuries in drunk driving crashes, this threshold is almost always met.
How Jalal Abdallah Law Handles Drunk Driving Accident Claims
Our approach to drunk driving accident claims is thorough and strategic. We evaluate the full extent of your injuries — not just the immediate costs, but the long-term medical care, lost earning potential, and life impact that many injured people fail to fully account for when dealing with insurers on their own. We know what insurance companies will challenge and we build the evidence to counter every argument before it is made.
We work your civil claim independently of the criminal process — not waiting for a conviction to pursue your compensation — while simultaneously monitoring the criminal proceedings for evidence that strengthens your civil case. We negotiate from a position of preparation, and we are fully prepared to take your case to trial when the insurer refuses to offer fair value.
Contact Jalal Abdallah Law today for a free, no-obligation case evaluation. No upfront fees — we only get paid if you win.
Frequently Asked Questions
Can I sue a drunk driver in Michigan even if they are also facing criminal charges?
Yes — and you should. The criminal case and your civil claim are entirely separate legal proceedings. The criminal case is brought by the State of Michigan to punish the drunk driver. Your civil claim is brought by you to recover compensation for your injuries, medical bills, lost wages, pain and suffering, and other damages. You can and should pursue your civil claim simultaneously with the criminal process. Do not wait for the criminal case to conclude — evidence must be preserved, witnesses identified, and deadlines met on the civil side regardless of the criminal timeline.
Does a drunk driver’s criminal conviction guarantee my compensation in Michigan?
No. A criminal conviction — even a guilty plea — does not automatically secure your civil compensation. Insurance companies still dispute the extent of injuries and attempt to minimize settlements even in cases involving convicted drunk drivers. Evidence from the criminal case can be used in your civil claim, but you must still file, prove, and negotiate or litigate your civil case to recover compensation. An experienced attorney manages your civil claim from the start, independent of whatever the criminal process produces.
Can I sue a bar or restaurant that served the drunk driver in Michigan?
Yes — under Michigan’s Dram Shop Act (MCL 436.1801), licensed establishments that serve alcohol to a visibly intoxicated person who then causes an accident can be held financially liable for the victim’s injuries. This applies to bars, restaurants, nightclubs, and any licensed liquor vendor. However, dram shop claims require written notice to the establishment within 120 days of the accident. Missing this deadline permanently eliminates the claim. Contact an attorney immediately if a bar or restaurant may have contributed to the driver’s intoxication.
What damages can I recover after a drunk driving accident in Michigan?
Michigan drunk driving accident victims may recover PIP benefits for immediate medical expenses and lost wages, plus — if the injury threshold is met under MCL 500.3135 — a third-party civil claim against the drunk driver for pain and suffering, emotional distress, loss of enjoyment of life, disfigurement, excess medical expenses, and lost earning capacity. Because drunk driving involves intentional reckless conduct, Michigan courts may also award exemplary damages beyond standard compensation. Wrongful death damages are available for families who have lost a loved one. Judgments against drivers convicted of OWI causing injury or death are non-dischargeable in bankruptcy.
How long do I have to file a drunk driving accident claim in Michigan?
Multiple deadlines apply. Dram shop claims against bars or restaurants require written notice within 120 days of the accident under MCL 436.1801 — missing this deadline permanently eliminates that claim. No-fault PIP benefits must be claimed within one year of the accident. A third-party personal injury lawsuit against the drunk driver carries a three-year statute of limitations under MCL 600.5805. If a government road defect contributed to the crash, notice to the government entity may be required in as few as 60 days. Contact an attorney immediately — the dram shop deadline in particular is extremely short.
What if the drunk driver doesn’t have enough insurance to cover my injuries?
If the drunk driver’s insurance is insufficient to cover your full damages, several additional avenues may be available. A dram shop claim against the establishment that overserved the driver can provide a substantial additional source of compensation. Your own underinsured motorist (UIM) coverage may also apply — providing compensation up to your policy limits when the at-fault driver’s coverage is inadequate. An attorney identifies every available source of compensation in your specific case and pursues each one aggressively.
What should I do immediately after a drunk driving accident in Michigan?
Call 911 immediately. If you believe the other driver is impaired, tell the 911 dispatcher — officers will administer field sobriety and chemical tests that become critical evidence in both the criminal and civil cases. Seek medical attention even if you feel fine — adrenaline masks pain and many serious injuries are not immediately apparent. Document the scene with photos. Collect witness contact information. Do not speak to the drunk driver’s insurance company without an attorney. Contact Jalal Abdallah Law as soon as possible — particularly if a bar or restaurant may have served the driver, as the 120-day dram shop deadline begins immediately.
Why Choose Jalal Abdallah Law?
At Jalal Abdallah Law, we redefine personal injury representation through our extensive experience, compassionate approach, and commitment to our clients' needs. Operating on a contingency fee basis, we empower clients by eliminating upfront costs, ensuring we fight tirelessly for their justice. Trust in our dedication to winning the best outcomes for those who need it most.
Highly Experienced
Our personal injury lawyers have years of experience and have handled a wide variety of cases, from car accidents to slip-and-falls. You can trust us to know how to handle your case.
Personalized Attention
We treat each client as an individual, not just a case number. We take the time to listen to your concerns and answer any questions you may have. You can count on us to be there for you every step of the way.
No Upfront Fees
We work on a contingency fee basis, which means that you don't have to pay anything upfront. We only get paid if we win your case, so you can trust that we will work hard to get you the best possible outcome.
Compassionate Representation
We understand that being injured can be a stressful and overwhelming experience. That's why we provide compassionate representation to help ease your worries and guide you through the legal process.
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