A drunk driver makes a choice you had no say in, and the crash that follows can cause injuries you would never have imagined and leave you unsure of what to do next. Schefman & Associates helps Detroit victims pursue the money side of a drunk driver car accident. Our drunk driving accident lawyers in Detroit understand how your civil case works apart from the criminal case against the impaired driver, but also how one case feeds the information for the other.
Can I File a Civil Claim While Criminal Charges Are Pending?
Yes. Your civil claim for compensation is separate from the criminal case the state brings, and the two move on their own tracks. A conviction is not required to win your civil case, which runs on a lower burden of proof, so you can recover even if the driver is acquitted or never charged.
Who Can Be Held Liable for a Drunk Driving Crash?
Fault often reaches past the person behind the wheel. The drunk driver is the obvious defendant, but Michigan law lets an injured victim look at others whose choices helped put that drunk driver on the road:
- The owner of the vehicle
- Bars and restaurants that served a minor or overserved a visibly intoxicated individual
- Liquor stores that sold to a minor or a visibly intoxicated individual
- Social hosts who served a minor
Michigan’s Dram Shop Act, MCL 436.1801, lets you sue a licensed business that served a visibly intoxicated patron, a real factor near Detroit’s Greektown bars or casinos. The Act also requires you to name and retain the drunk driver in the same suit, so you cannot settle with the driver and chase the bar alone. You need to pay attention to that; we have taken over a number of cases where a quick driver settlement was being offered before the liability of the bar was ever investigated, and once there is a settlement, the larger bar claim cannot be made.
What Damages Can I Recover After a Drunk Driving Accident in Michigan?
The compensation in a drunk driving case covers both your out-of-pocket costs and the harder-to-measure toll on your life. A claim against the driver and any liable business can reach several categories of loss:
- Hospital and rehabilitation bills
- Future medical care
- Lost wages and earning power
- Pain and suffering
- Emotional trauma
These damages fall into two categories. Economic losses, such as medical bills, future care, and lost income, are documented through bills, receipts, and wage records, and are not capped by Michigan law. Non-economic losses, including pain, suffering, and emotional trauma, come from the claim against the at-fault driver and require meeting the statutory threshold of serious impairment of body function under MCL 500.3135. For wage loss in excess of the no-fault statutory maximum, the threshold does not apply. You also cannot recover non-economic damages if you are found more than 50% at fault for the crash.
How Long Do You Have to File a Drunk Driving Injury Claim?
A drunk driving injury lawsuit against the at-fault driver generally must be filed within three years of the crash under Michigan law. A dram shop claim against the bar requires notice within one year, and the statute of limitations runs on a shorter two-year window, which is one reason victims should consider every responsible party from the start.
Pursue Your Claim With Our Detroit Drunk Driving Accident Lawyers
The criminal court may punish the drunk driver. However, it will not pay your medical bills, and that gap is where our firm steps in. With more than 60 years of cumulative experience and tens of millions recovered for injury victims, Schefman & Associates handles the civil side on contingency, so you owe nothing unless we recover for you.
Reach our Detroit drunk driving accident lawyers at (248) 594-2600 or contact us online for a free consultation.