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Hamilton Drunk Driving Accident Lawyers
Many lawyers use the term “driving under the influence”, or “DUI”, because it encompasses other substances besides alcohol, like narcotics or other drugs. Ross & McBride’s experienced personal injury lawyers represent people and their families affected by drunk driving/DUI accidents across Hamilton and throughout Ontario.
If you were injured in an accident involving a drunk driver or a person under the influence of another substance, you may be entitled to both accident benefits and additional compensation through a personal injury claim.
We provide:
- Strategic legal representation
- Guidance through the insurance claims process
- Support for your financial recovery
Our primary focus is helping you move forward after an accident caused by impaired driving.
Understanding Drunk Driving Accidents
Drunk driving and impaired driving continue to be major causes of motor vehicle accident injuries in Ontario. According to Statistics Canada, thousands of Canadians are injured each year in drunk driving accidents.
A drunk driver is someone who operates a vehicle with a blood alcohol concentration (BAC) above legal limits, or while impaired by drugs or alcohol. Even small amounts of impairment can lead to devastating accident outcomes.
These cases are often more complex than other types of accidents, because they involve both criminal and civil legal proceedings. They also can affect the role various insurance companies play in the proceedings.
We fight to have your injury classified correctly and ensure your personal injury claim reflects the true scope of your suffering.
Common Types of Drunk Driving Accidents in Hamilton
There are many cases involving impaired drivers, and each accident has unique legal considerations.
Common types of drunk driving accidents include:
- Rear-end collisions caused by delayed reaction times
- Head-on collisions due to lane drifting
- Pedestrian accidents involving impaired drivers
- High-speed crashes and rollover vehicle accidents
In many situations, the accident caused by a drunk driver results in severe and life-altering consequences that affect not just the victim but their entire family.
Common Drunk Driving Injuries
Drunk driving accidents frequently result in serious injuries due to the force and unpredictability of the collision, which often occurs without warning and without normal evasive action.
Common injuries include:
- Traumatic brain injuries and head trauma
- Spinal cord injuries
- Broken bones and internal injuries
- Psychological trauma and emotional trauma
- Chronic pain and long-term disability
Many victims of drunk driving accidents require ongoing medical treatment, rehabilitation, and support from medical experts. All of these can be expensive and interfere with your ability to work and care for your family.
Damages and Compensation in Drunk Driving Accidents
If you’ve been injured in a drunk driving accident, you may be entitled to seek compensation through multiple avenues.
They may include several of these.
Accident Benefits (No-Fault System)
Regardless of fault, you can access accident benefits through your own insurance company, including:
- Income replacement
- Medical and rehabilitation expenses
- Housekeeping expenses
- Attendant care
Lawsuit Against the Drunk Driver
You may also pursue a personal injury claim against the drunk driver to recover damages such as:
- Pain and suffering
- Lost wages
- Medical bills and future care costs
- Extra amounts called “punitive damages” in some drunk driving cases
Our injury lawyers work to help you recover damages and achieve a fair settlement. We will pursue every channel to get the compensation you deserve and support your recovery.
Challenges in Drunk Driving Accident Cases
While liability for your accident may seem clear, drunk driving accident cases can still present challenges.
These include:
- Dealing with aggressive tactics from the insurance company
- Establishing the full impact of physical injuries and emotional harm
- Gathering key evidence such as police reports, medical records, and witness statements
- Navigating overlapping criminal and civil legal proceedings
- Potentially involving other parties, such as a bar or restaurant where a person was overserved
Ross & McBride’s experienced legal team knows how to gather evidence and build strong cases that reflect the true impact of the accident.
The Role of a Drunk Driving Injury Lawyer
A drunk driving injury lawyer plays a critical role in helping you understand your legal options and protecting your interests.
Here are some of the things our lawyers will do:
- Investigate the accident scene and surrounding circumstances
- Analyze blood alcohol concentration BAC and field sobriety tests
- Work with medical experts to assess the long-term impact of your accident
- Handle all communication with the insurance company, and make sure the correct insurers are responding to the claim
- Prepare for litigation if necessary
In some cases, we may also explore additional liability (such as for establishments that overserved alcohol).
How Our Drunk Driving Injury Lawyers Can Help
Our personal injury lawyers provide comprehensive support from your initial consultation through resolution. We take care of your legal case, allowing you to focus on your recovery.
We will:
- Explain your legal rights clearly
- Help you access accident benefits quickly
- Build a strong drunk driving accident case
- Advocate for fair compensation
- Support you through every stage of the legal battle
We work on a contingency fee basis, meaning there are no upfront fees, and you only pay if we get you compensation.
Contact Our Drunk Driving Accident Lawyers to Protect Your Rights
If you or a loved one has been injured in a drunk driving accident, you don’t have to navigate this alone.
Our Hamilton personal injury lawyers are here to help you understand your legal options, pursue fair compensation, and move forward with confidence.
Book your free consultation today.
Call us or contact us today to speak with our team.
Frequently Asked Questions
Can you sue a drunk driver in Canada?
Yes. If a drunk driver caused your accident, you can pursue a personal injury claim against them to seek compensation for your losses.
How much do most injury lawyers charge?
Most injury lawyers work on a contingency fee basis. This means there are no upfront legal fees and your lawyer is paid only if your claim is successful.
How soon after the accident should I contact a lawyer?
You should contact a personal injury lawyer as soon as possible. Early involvement helps preserve evidence and ensures you meet important deadlines.
Does insurance cover drunk driving accidents in Canada?
Yes. You are still entitled to accident benefits through your own insurance company, even if the accident that caused your injuries involves a drunk driver.
Which laws are involved with impaired driving?
Impaired driving charges are handled under criminal law and involve criminal proceedings. But your compensation claim is a separate civil matter handled through personal injury law. Often your lawyer will be monitoring the criminal case, being prosecuted by the Crown, while advancing your civil claim.