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Trusted Impaired Driver Car Accident Lawyers
Drunk driving accidents are still far too common. Criminal charges are often brought against impaired drivers, but these aren’t going to help you heal from what can be catastrophic injuries, or the death of a loved one. Accident victims and families affected by these terrible and entirely preventable collisions have additional legal options for obtaining fair compensation. Ross & McBride has been Hamilton’s local choice for car accident cases for decades, including for those involving impaired driving. Our experienced lawyers can make all the difference in the outcome of your personal injury claim.
Understanding Impaired (and Distracted) Driving in Ontario
Impaired driving can cause serious, often fatal, accidents. Most people are aware that there are laws that define these driving-related crimes and the consequences of breaking these laws.
Recently, research has been showing that distracted driving, an increasing issue, can be just as dangerous as impaired driving. Recent increases in penalties for distracted driving are meant to reflect that risk.
Penalties for distracted or impaired driving in Ontario can range from warnings or fines to driver’s license suspensions or even imprisonment. But victims of a distracted or impaired driving accidents can also sue the at-fault party for compensation in our civil Courts, in addition to these criminal penalties.
We fight to have your injury classified correctly and ensure your personal injury claim reflects the true scope of your suffering.
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What is Distracted Driving?
Ontario has strict laws against distracted driving. Distracted driving happens when a driver is distracted by:
- using their phone or another hand-held device without hands-free settings
- looking at a screen that is not related to driving
- eating or drinking while they drive so their hands are not on the wheel
- engaging with passengers and not paying enough attention to the road
- putting on makeup, fixing their hair or doing other tasks with their hands while driving
- having an animal unrestrained in the car that interferes with their driving
Distracted drivers can also be charged with dangerous driving under the Criminal Code if their distraction causes them to operate their motor vehicle in a way that endangers others.
What is Impaired Driving?
Impaired driving is a serious criminal offence with escalating levels of punishment depending on the level of intoxication and the driver’s history of impaired operation of a motor vehicle, among other factors.
Impaired driving is not just about drunk drivers. There are many types of impairment that can affect a driver’s ability to safely operate a motor vehicle. The main categories include:
- alcohol of any type
- cannabis
- illegal drugs
- prescription drugs
- over the counter drugs (many of which have warnings on the label about operating machinery)
In addition to cars and trucks, impaired driving laws apply to other motorized vehicles such as boats, ATVs and snowmobiles.
Were You Injured by a Distracted or Impaired Driver? Your Immediate Steps
The first priority after a motor vehicle accident is to get medical attention for any serious injuries.
Documenting the accident scene is also critical for car accident claims. Take photos and get the license and insurance information of all drivers involved if you can.
It’s also critical to contact the police in any accident involving a potentially impaired driver. Without testing and validation by a police officer, these allegations are likely going to be disputed by the impaired person.
You should also contact your insurance company quickly after the accident so that you can get the statutory insurance benefits (also known as “no-fault” benefits) to which you are entitled. These can help with your immediate expenses, lost income and rehabilitation needs. Often, when getting retained on your case, making this application is among the first action we’re taking to assist you.
Reach out to a personal injury lawyer to get their assistance and advice. There are important legal deadlines you must meet and you will benefit from the guidance of an experienced lawyer who understands Ontario’s legal system and the complex no-fault benefit claims process.
Why Work with an Impaired Driving Accident Lawyer
Your lawyer can help you arrange the medical/rehabilitation care you need, communicate with your insurance company, and conduct evidence gathering and investigate into the accident and who may be liable for damages. They’ll conduct discussions with the other driver’s insurance and advocate for you to get the compensation you deserve, including any applicable punitive/aggravated damages owed as a result of the other’s driver’s conduct.
For all of these reasons, it is important to work with an experienced impaired driving accident lawyer. We have several excellent lawyers in the Personal Injury Law group at Ross & McBride with experience in impaired and distracted driving cases.
Compensation for Impaired Driving Accidents
Victims of impaired driver car accidents in Ontario can seek compensation from their own insurance company and the other parties’, as well as directly from the negligent driver who was at fault in the accident.
Some of the costs our legal team can help you recover as part of your settlement include:
- medical bills for your physical injuries
- rehabilitation and therapy costs during the recovery process
- treatment for psychological effects of the accident, such as post-traumatic stress disorder
- lost wages or other loss of income
- motor vehicle repair or replacement
- financial support for families of deceased accident victims, or those seriously injured and living with, for example, spinal cord injuries, traumatic brain injuries or other conditions that require lifelong medical care
In addition, impaired driving cases are unique in the motor vehicle claims world, as the only consisten type of claim in which you may recover “punitive” amounts of damages as a result of the extent of your pain and suffering caused by the other driver’s conduct. This is especially true if you are left permanently disabled or suffering from chronic pain. Pursuing legal action against the at-fault party is the only way to receive the full compensation you deserve after being injured in an impaired driving accident.
Criminal courts will not order all these awards for you. You need to use the civil legal system to sue the impaired driver and other at-fault parties. In addition to the driver, you may be entitled to compensation from a restaurant, bar or event host that served alcohol to an already impaired person, who then drove their car. These cases, known as “commercial host liability” are very complex and require experience and expertise in liquor serving regulations and restaurant/bar policies and procedures.
At Ross & McBride, our personal injury lawyers have a deep understanding of the laws surrounding impaired driving and host liability. It is important to get legal support after your accident to ensure you get compensation from all liable parties and insurance companies so that you can focus on recovery and moving forward with your like to the full extent possible.
Deadlines You Can’t Miss After an Impaired Driver Accident
Contacting a car accident lawyer as soon as possible gives you the best chance to pursue compensation without missing important deadlines in the legal process. It is also the best way for your legal team to gather evidence for your case as soon as possible, such as obtaining accident scene reports and photos, medical reports, witness reports (such as from people who can confirm the driver was impaired), police reports and more. The more time that passes after the accident, the harder it can be to locate witnesses and get reliable evidence.
Usually the first step in getting compensation is to file a claim with your own insurance company for statutory accident benefits. You can file these car accident claims even before fault is established, because these benefits are available under Ontario’s no-fault insurance laws. This will help you pay immediate expenses while you pursue compensation from other parties.
Like most lawsuits, you must file your personal injury case within two years of the accident. If you miss this deadline, your right to fair compensation could be lost forever.
Why Choose Our Hamilton Impaired Driving Accident Law Firm
Ross & McBride is a leading personal injury law firm for motor vehicle accident accidents in Hamilton and across Ontario. Our personal injury lawyers know the roads, court system, insurance companies and medical professionals throughout Hamilton and Ontario. This allows us to do a thorough investigation of your case and present all the evidence to get you the compensation you deserve. When your case involves impaired or distracted drivers, we know the steps to take to successfully bring forward your claim against those at fault.
We live in Hamilton and the area as well, so we want impaired drivers held accountable to protect the public. We’ll be behind you from start to finish, and with our contingency fee retainer you won’t have to pay any legal fees until we win or settle your case.
Contact Our Lawyers for Impaired Driver Accident Injuries
If you have been injured in an accident with an impaired or distracted driver, contact the personal injury lawyers at Ross & McBride today for a free consultation.