LANSING – Under a new bill, individuals convicted of drunken driving would no longer be able to sue for damages if they’re injured in a crash.

The bill by Rep. Tory Rocca, R-Sterling Heights, would prohibit damages to a person found guilty of driving under the influence who caused or contributed to the accident.

Homer Smith, executive director of Mothers Against Drunk Driving (MADD), said that studies show that by the time a driver is first arrested for drunken driving, he or she has already driven drunk at least 60 times before.

Smith said that MADD has not taken an official position on the bill yet. 

“It might encourage people to be more responsible in their behavior,” Smith said, “but we don’t see it as a priority to help our mission.”

Smith said that drunken driving affects everyone in the form of higher insurance premiums because 20 percent of all insurance claim payoffs are alcohol-related.

The Insurance Institute of Michigan also has not taken a position on the bill yet, but Executive Director Pete Kuhnmuenck said that the industry would “generally look favorably if this is an issue that needs to be addressed.”

Kuhnmuenck said that a driver’s ability to sue for non-economic damages under

Michigan’s current “no-fault” law is already restricted. 

Under the no-fault law, people can collect non-economic damages only if they are found to be less than 50 percent at fault in an accident and only in situations of “death, serious impairment of body function or permanent serious disfigurement.”

Jesse Green of the Michigan Trial Lawyers Association said the bill “makes some sense” but that he’s not aware of any cases in Michigan in which a convicted drunken driver who caused an accident was able to collect damages.

Although traffic fatalities and drunken driving arrests have decreased over the past few years, according to the State Police, alcohol was a factor in 35 percent of fatal traffic accidents in 2005.

State Police Sgt. Matt Bolger said he doesn’t anticipate the bill would have a huge effect on law enforcement, but said the proposal has common-sense applications.

“Nobody should be able to collect damages for an accident they caused,” said Bolger.  “It’s like someone breaking into your house and then suing you for twisting their ankle.”

The bill is pending in the House Judiciary Committee.