Drivers who have caused accidents while under the influence of alcohol face civil suits and criminal charges. Ontario imposes very harsh penalties on convicted drunken drivers as they have a duty of care to operate their vehicles in a safe manner and keep other motorists, pedestrians and road-users safe too. Since drinking and driving is a breach of this duty, the driver is liable for any action that follows drunken driving.
Apart from the driver, there are other parties involved. For instance, the company or business that sold alcohol to the driver may be cited as a party to a suit. In Ontario, taverns/bars/restaurants and other places serving alcohol have a duty not to over-serve visibly intoxicated customers. The “Dram Shop Laws” apply to liquor stores as well especially if it is proved that they sold/served liquor to minors. If a state does not have dram shop laws, victims can claim damages under the Alcoholic Beverages Statute or common law negligence.
Other types of liability fall on social hosts (though this is a highly contested area), co-passengers who encouraged/abetted the driver, police officers who failed to arrest a drunken driver, employers etc.
Lawsuits are filed by the victim or in case of a deceased victim, by the next of kin. Drunk drivers face penalties that include jail time, fines, restitution under criminal charges. Under civil suit, pecuniary and non-pecuniary damages can be claimed. Punitive damages maybe imposed to punish the driver and make an example of him/her.
Our Woodford slip and fall accident lawyer can provide expert legal advice on a no win no fee basis and give you a genuine legal opinion on all aspects of your claims. As a victim you may not be aware of certain legal aspects: For instance, there is a time limit for starting a lawsuit, which is usually within two years of the event. It is the drunken driver’s insurance company that defends him/her, hence your personal injury lawyer must deal with the insurance company’s legal team.
Our experienced and knowledgeable Woodford accident attorneys work on a no win no fee basis, whether the settlement is made in or out of court. In Ontario, all drivers hold the Ontario Automobile Policy which holds their insurance company liable to make compensation pay-outs. Hence, the insurance company works primarily on behalf of the person who holds the policy and will strongly defend them. In case of serious injury, our long term disability lawyer can safeguard your rights.
If you, your family or a friend has been injured by a drunk driver in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333.
