What Happens if I Am Hit by a Drunk Driver?
Despite years of public awareness campaigns and stricter regulations, impaired driving remains a serious threat on Ontario’s roads.
According to the Traffic Injury Research Foundation, 27.2% of all road fatalities in 2020 involved a driver under the influence of alcohol. Even at lower blood alcohol levels—between 0.05% and 0.08%—drivers experience reduced coordination, difficulty tracking moving objects, and slower reaction times. These impairments can be deadly when behind the wheel.
Legal Options if You’re Injured by a Drunk Driver
If you’ve been hit by a drunk driver, you might assume that your only legal recourse is to sue the impaired driver. While this is a primary course of action, it’s not the only option available. In Ontario, where alcohol sales and service are strictly regulated, you may also have a claim against the establishment that served the driver.
Bars and restaurants have a legal duty to ensure their patrons are not overserved. Under Ontario’s Smart Serve Licensing Program, those working in the service industry are trained to recognize signs of intoxication and to take steps to prevent impaired driving. If an establishment failed in its duty by overserving a customer and not making arrangements to get them home safely, you may have grounds to sue not only the driver but also the bar or restaurant.
The Complexity of Drunk Driving Claims
Drunk driving claims can be more complicated than they appear. If a driver is convicted of impaired driving, their insurance company may deny coverage for the damages caused by the accident. Coverage may be denied because being impaired at the time of an accident can violate the terms of the driver’s insurance policy.
Although Ontario mandates a minimum of $200,000 in liability coverage, this amount is often insufficient to cover the full extent of injuries in a serious accident. Victims who suffer fractures, concussions, psychiatric injuries, or an inability to return to work often require compensation that far exceeds this limit.
The Importance of Overservice Claims
This is where establishing overservice becomes crucial. Proving that a bar or restaurant negligently overserved alcohol to a customer who then caused an accident can open up additional avenues for compensation. However, these claims can be technically demanding, often requiring significant fact-finding and expert testimony, such as the involvement of a forensic toxicologist who can assess the level of intoxication and the timing of alcohol consumption.
Overservice claims require meticulous attention to detail, but when successful, they can make the difference between a victim receiving inadequate compensation and a settlement that truly reflects the extent of their injuries and losses.
Why You Need Legal Expertise
While suing a drunk driver might seem straightforward, impaired driving cases often involve complex legal and strategic challenges. These claims frequently result in serious injuries and necessitate navigating both the criminal and civil aspects of the law. Legal representation is crucial to ensure you explore all potential avenues of compensation, from suing the driver to holding establishments accountable for overserving.
At Nelligan Law, our team understands the intricacies of drunk driving claims and has the expertise to pursue not just impaired drivers, but also large commercial establishments responsible for alcohol service.