Reckless driving in Michigan is a criminal offense — not just a traffic ticket. Under MCL 257.626, a driver who operates a vehicle with willful or wanton disregard for the safety of others faces misdemeanor or felony charges, fines, license sanctions, and civil liability to anyone they hurt. If you were hit by a reckless or drunk driver, you have the right to pursue compensation beyond what no-fault insurance covers.
An Oakland County man was recently arrested after police caught him driving 108 mph in a 40 mph zone — while drunk. As reported by ClickOnDetroit / WDIV Local 4, the stop happened in a residential-speed zone — the kind of road where families walk dogs and kids wait for school buses. That’s not a close call. That’s the kind of driving that kills people.
If something like this happened near you — or to you — here’s what Michigan law actually says, and what your options are. Our team handles Troy car accidents and crashes throughout Oakland County, and we’ve seen how these cases play out from the first police report to the final insurance settlement.
What Reckless Driving in Michigan Actually Means
Reckless driving in Michigan isn’t defined by a specific speed. It’s defined by how a driver is operating — with willful or wanton disregard for safety. A driver going 108 mph in a 40 mph zone almost certainly clears that bar. So does someone who runs a red light at speed, weaves through traffic while on a phone, or tailgates aggressively through a school zone.
The distinction that matters legally: careless driving (MCL 257.626b) is a civil infraction. Reckless driving (MCL 257.626) is a criminal offense. If a prosecutor can show the driver knew they were being dangerous and did it anyway, reckless driving sticks.
For victims, that distinction matters too. A criminal conviction for reckless driving can be powerful evidence in a civil lawsuit — and Michigan law allows victims to pursue non-economic damages like pain and suffering when the threshold under MCL 500.3135 is met.
Reckless Driving vs. OWI: What Happens When It’s Both
When a driver is both drunk and reckless — as in the Oakland County incident — prosecutors often stack the charges. Operating While Intoxicated (MCL 257.625) carries its own penalties, and when combined with reckless driving, the criminal exposure for the driver increases significantly.
For a civil claim, the combination is meaningful. A driver who was intoxicated and going nearly three times the speed limit has a harder time arguing shared fault. Michigan follows a modified comparative fault rule: if you’re less than 51% at fault, you can still recover damages. A sober driver sitting at a red light who gets rear-ended by someone doing 108 mph has very little fault to absorb.
Michigan Reckless Driving Penalties
Michigan reckless driving penalties depend on whether anyone was hurt.
- No injury: Misdemeanor. Up to 93 days in jail, up to $500 fine, or both.
- Serious injury: Felony. Up to 5 years in prison, up to $5,000 fine, or both.
- Death: Felony. Up to 15 years in prison, up to $10,000 fine, or both.
On top of criminal penalties, the Secretary of State can suspend a reckless driver’s license. A drunk driving conviction under MCL 257.625 adds mandatory license sanctions, possible vehicle immobilization, and an ignition interlock requirement for some offenders.
According to Michigan State Police crash data, speed-related crashes account for a significant share of traffic fatalities in the state each year — and Oakland County roads see a disproportionate number of high-speed incidents given the volume of traffic on M-59, I-75, and Woodward Avenue.
What Victims of Reckless or Drunk Drivers Can Claim
Michigan is a no-fault state, which means your own insurance pays your initial medical bills and lost wages regardless of who caused the crash. But no-fault has limits — and when the other driver was criminally reckless, you may be able to go further.
As a Michigan car accident attorney would explain it, there are two tracks:
Track 1 — No-fault PIP benefits (MCL 500.3107): Covers medical expenses, 85% of lost wages up to a statutory cap, and replacement services. These come from your own insurer.
Track 2 — Third-party tort claim against the at-fault driver: This is where pain and suffering, excess medical costs, and other non-economic damages live. To pursue this, you generally need to meet the serious impairment threshold under MCL 500.3135 — meaning the injury affects your ability to lead your normal life.
A driver going 108 mph creates a high likelihood of catastrophic injuries — broken bones, traumatic brain injury, spinal damage. Those injuries tend to clear the threshold. If someone you love died in a crash like this, Michigan’s wrongful death statute opens a separate avenue for the family.
The Three-Year Clock
MCL 600.5805(2) gives most personal injury victims three years from the date of the crash to file a lawsuit. That sounds like a long time, but evidence disappears fast — dashcam footage gets overwritten, witnesses’ memories fade, and police reports get harder to obtain. Don’t sit on it.
What to Do If You Were Hit by a Reckless or Drunk Driver
The steps below apply whether the crash just happened or it’s been a few weeks.
- Get the police report. If police responded, there should be a crash report. Get a copy. It documents the other driver’s speed, sobriety tests, and any charges filed.
- Preserve your medical records. Every ER visit, follow-up appointment, and prescription matters. Don’t skip treatment because you feel okay — some injuries surface days later.
- Document your losses. Keep a log of missed work days, things you can’t do around the house, and how the injury affects your daily life. That detail matters for a serious impairment claim.
- Don’t give a recorded statement to the other driver’s insurer. Their adjuster’s job is to minimize your payout. You’re not required to give them one. For more on this, read our guide on handling insurance adjusters after a Troy crash.
- Talk to an attorney before you sign anything. A settlement offer that arrives quickly is usually a lowball. Once you sign a release, you can’t go back.
How Oakland County Roads Factor In
The stretch where this 108 mph stop reportedly occurred sits in a part of Oakland County where 40 mph roads blend into neighborhoods, commercial strips, and school zones without much warning. M-59 between Auburn Hills and Pontiac, Rochester Road through Troy and Rochester Hills, and parts of Woodward through Bloomfield Township all have this character — arterial speed limits that feel like highway speeds if a driver is already impaired.
For anyone who regularly drives or lives near these corridors, a crash involving a drunk driver going triple the speed limit is not a fluke. It’s a pattern. Rochester Road crashes in Oakland County follow a predictable geography, and the victims are almost always doing nothing wrong.
If you’re curious about the broader pattern of distracted and reckless driving on Michigan roads, Michigan’s distracted driving laws and how they affect injury claims gives useful context on how driver behavior gets weighed in civil cases.
Frequently Asked Questions
Is driving 108 mph automatically reckless driving in Michigan?
Not automatically by statute — Michigan’s reckless driving law (MCL 257.626) is defined by willful disregard for safety, not by a specific number. But in practice, going 108 mph in a 40 mph zone makes it very difficult for a driver to argue they weren’t being reckless. Prosecutors and civil courts look at the totality: the speed, the road type, the time of day, and any impairment. Combine it with a drunk driving charge and the argument essentially collapses.
Can I sue a drunk driver who hit me even though Michigan is a no-fault state?
Yes. No-fault covers your own PIP benefits through your insurer, but it doesn’t bar a tort claim against an at-fault driver when your injuries meet the serious impairment threshold under MCL 500.3135. A drunk driver who causes serious physical harm opens the door to a civil lawsuit for pain, suffering, and excess economic losses.
What counts as a “serious impairment” under Michigan law?
Under MCL 500.3135, a serious impairment of body function means an objectively manifested injury that affects your ability to lead your normal life. Courts look at what you could do before the crash and what you can’t do now. Lost range of motion, inability to return to work, chronic pain that disrupts sleep and daily activity — these are the kinds of facts that move the needle.
What if the drunk driver had no insurance or minimal coverage?
This happens more than people expect. Michigan requires drivers to carry liability coverage, but enforcement is imperfect. If the at-fault driver is underinsured or uninsured, your own policy’s uninsured/underinsured motorist (UM/UIM) coverage may apply. An attorney can also look at whether other parties — like a bar or restaurant that over-served the driver — bear any liability under Michigan’s dram shop law.
How long do I have to file a claim?
For a personal injury lawsuit, MCL 600.5805(2) sets a three-year limit from the date of the crash. For a wrongful death claim, the timeline runs from the date of death. Don’t assume you have time to wait — the sooner an attorney reviews your case, the more evidence can be preserved.
What should I say to police at the scene?
Be honest about what happened to you — your location, direction of travel, what you saw. You don’t need to speculate about the other driver’s speed or state of mind; the police will gather that evidence. Focus on getting medical attention and making sure the officer documents your injuries, even if they seem minor at the scene.
If you were hurt by a drunk or reckless driver in Oakland County, Troy, or anywhere in the surrounding area, talk to us before you sign anything. Khamo Law, PLLC offers a free consultation — call 248-466-0606 or message us through the contact form. We serve Troy, Sterling Heights, Warren, Auburn Hills, and Oakland County. نتحدث العربية والكلدانية ونحن هنا للمساعدة.