Can a family file a wrongful death lawsuit for a child passenger killed by an impaired driver in Michigan?

Yes. Under MCL 600.2922, the personal representative of the deceased child's estate can pursue a wrongful death claim against the driver whose negligence or impairment caused the death. The civil case runs independently of the criminal case. A criminal conviction is not required — the civil standard of proof is lower. Damages include medical expenses, funeral costs, the loss of the child's future, and the family's loss of companionship and society. The three-year statute of limitations begins running from the date of death.

Does a criminal OWI case affect the civil wrongful death case in Michigan?

The criminal and civil cases run on separate, independent timelines. The family does not need to wait for the criminal case to conclude before filing a wrongful death claim. A criminal conviction can strengthen the civil case, but an acquittal does not bar civil recovery — the civil standard of proof is more likely than not, which is lower than the criminal standard of beyond a reasonable doubt. Families who wait for the criminal outcome regularly lose years from the civil statute of limitations without knowing it.

What evidence matters most in a fatal impaired driving case in Michigan?

Key evidence includes toxicology results, crash reconstruction findings, witness accounts of erratic driving before the crash, police reports, dispatch records, surveillance or dashcam footage, the driver's cell phone data, any prior reports about the vehicle, and first responder observations of the driver's condition at the scene. This evidence is time-sensitive: footage overwrites, recollections fade, and some records are destroyed on retention schedules. An attorney retained quickly can issue preservation letters and secure what exists.

What Michigan no-fault PIP benefits are available after a fatal crash involving a child passenger?

Under MCL 500.3105, Personal Injury Protection benefits cover medical expenses incurred before death and, under MCL 500.3108, survivor loss benefits may be available to the child's dependents — in this case, the family — to replace the economic support the deceased would have provided. These benefits are available regardless of fault and should be filed promptly. Notice and timing requirements apply.

Michigan Legal Center News Desk | April 29, 2026 | Kent County, Michigan

Sources: WWMT Channel 3, Michigan State Police, regional reporting — April 28–29, 2026

Note: This is a developing story. The investigation is active, charges are pending toxicology results and crash reconstruction, and this article will be updated as the Kent County case progresses.

19-Month-Old Killed in Kent County Impaired Driving Crash | The Michigan Legal Center

QUICK ANSWER: What Happened and Where the Case Stands
What happened	A 19-month-old girl was killed in a crash in Kent County after a woman driving erratically lost control of her vehicle. Michigan State Police say alcohol or drugs may have been a factor. The crash remains under investigation.
The people involved	The toddler was a passenger in the vehicle. She died from injuries sustained in the crash. The adult driver, a woman, survived. Authorities have not yet publicly released all identities.
What police say	Troopers responded after reports of erratic driving. Evidence at the scene suggests impairment may have contributed. No final toxicology results or charges have been confirmed yet.
Where the case stands	The investigation is ongoing. Charges are expected pending the results of toxicology testing and a full crash reconstruction.
Contact	The Michigan Legal Center, Law Offices of Christopher Trainor & Associates: (248) 886-8650

She was 19 months old.

Not on a road trip, behind the wheel, or making a decision that put her in danger. She was a child in a car, dependent on the adult driving her to make safe choices.

That did not happen.

According to Michigan State Police, troopers were called to a crash in Kent County after reports of a vehicle being driven erratically. When they arrived, they found a scene that had already turned fatal. A 19-month-old girl had suffered critical injuries. She did not survive.

The driver, an adult woman, is believed to have been under the influence of alcohol or drugs. Investigators are still working to confirm that through toxicology testing. No formal charges have been announced yet, but police have made clear that impairment is the central focus of the investigation.

This was not due to a mechanical failure or poor weather. It was a sequence of choices that ended with a child losing her life.

What the Family Is Facing Now

There is no legal language that captures what it means to lose a child this young.

19 months is just the beginning of a life: first words, first steps, recognition, personality forming in real time, and the routines that parents build around a child at that age are constant and consuming. The absence is just as constant.

This is not only grief. It is a disruption at every level of daily life.

And in cases like this, the hardest reality is this: the loss did not come from something outside anyone's control. It came from a preventable act.

When a driver gets behind the wheel impaired, every mile is a risk, every turn is a decision point, and every passenger is placed at risk without having a say.

A 19-month-old cannot choose differently. The adult driver must.

Michigan Law and What Happens Next

When a crash involves suspected impairment and a fatality, Michigan law creates both a criminal and a civil path forward.

Criminal Exposure Is Significant

If toxicology confirms alcohol or drug impairment, the driver could face charges under MCL 257.625(4), operating while intoxicated causing death. That is a felony in Michigan carrying up to 15 years in prison, fines up to $10,000, and mandatory driver's license revocation. The charge requires proof that the driver was impaired and that the impairment caused the death. Both elements are established through toxicology, crash reconstruction, and the witness accounts of erratic driving that preceded the crash.

A Wrongful Death Claim May Follow

Separate from any criminal case, the child's family has the right to pursue a wrongful death claim under MCL 600.2922. This is a civil case focused on accountability and financial recovery for what was taken.

That claim can include:

The loss of the child's life and future
Medical expenses related to the crash
Funeral and burial costs
The emotional and relational loss suffered by the family

The civil case runs entirely independently of the criminal case. The family does not need to wait for a conviction, or for charges to even be filed, before pursuing civil accountability. The statute of limitations for a wrongful death claim in Michigan runs three years from the date of death under MCL 600.5805.

Insurance Is Only the Starting Point

In most cases, the driver's auto liability insurance is the first source of recovery. But in a fatal case, especially one involving impairment, the damages often exceed basic policy limits. That raises additional legal questions about coverage, liability, and whether other parties may share responsibility. For an explanation of how no-fault PIP and third-party claims work together after a fatal Michigan crash, see: The Difference Between a PIP Claim and a Third-Party Claim in Michigan.

The Role of Evidence in the First Days

Cases like this are built early. Evidence does not preserve itself.

To build a strong case, the following evidence matters: toxicology results, crash reconstruction, witness statements about erratic driving, any prior reports of the vehicle before the crash, and surveillance footage if available.

It is collected and analyzed, and sometimes lost, if no one actively secures it. The timeline matters. What is available in the first week may not be available a month later.

Accountability Is Not Automatic

There is a tendency to assume that when something this serious happens, accountability follows automatically.

It does not.

Charges depend on evidence, and civil recovery depends on proof. Insurance companies evaluate exposure based on what can be demonstrated, not what is assumed.

That is why these cases are not just about what happened. They are about what can be proven, documented, and enforced.

The Michigan Legal Center

A 19-month-old girl lost her life in a crash that may have been caused by impaired driving.

That is not an accident in the ordinary sense of the word. It is a significant failure of responsibility at a most critical moment.

Cases like this are about more than compensation. They are about forcing accountability into a situation where a family has been left with something that cannot be repaired.

When it matters most, the legal system is supposed to respond with clarity, consequences, and answers.

But that only happens if the case is built the right way from the beginning.

Christopher Trainor and his team have won verdicts of $5.8 million and $6.2 million against Michigan defendants in cases where families were told accountability was unlikely. Those cases were built on evidence preserved early, on parties identified before they could disappear, and on damage pictures assembled with time to do them right.

If you are a member of this family, or if you have lost someone in a Michigan crash involving suspected impairment, we want to hear from you. The consultation is free. The fee comes only when we recover.

Call (248) 886-8650 to speak with the Michigan Legal Center today.

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19-Month-Old Girl Killed in Kent County Crash; Police Say Alcohol or Drugs May Be a Factor