Have You Been Injured by an Impaired Driver?
Anyone who is injured as a result of an impaired driver is entitled to pursue a civil claim for compensation. This action is taken in addition to any criminal proceedings that are issued.
Compensation claims against impaired drivers can be made by the injured person. Or, in the event that an impaired driver causes a fatality, a claim can be made by the victim’s family.
Accidents involving impaired drivers
It is illegal to drive in Canada while impaired by alcohol or drugs – be it illegal drugs or prescription drugs. Unfortunately, however, not everyone obeys the rules. Driving while intoxicated is a leading cause of fatal car accidents. Many more suffer life-changing injuries as a result of drivers who are under the influence.
Any driver who is found to be impaired by alcohol or drugs will face legal repercussions. This might include an immediate roadside prohibition or an administrative driving prohibition. If the police decide to lay charges, the driver will face criminal proceedings. This is much more likely to happen if an impaired driver causes an accident.
If you have been injured by an impaired driver, or your loved one has, you will probably be feeling extremely angry. Knowing that the driver is facing criminal charges can provide a sense of justice. But all too often, the process leaves the injured person and their family feeling frustrated. Indeed, the driver may be acquitted or face a minimal sentence.
Civil action for drunk driving accidents
However, there is legal recourse you can take, in addition to any criminal proceedings that may (or may not) be underway. This is because as the injured victim, you are entitled to pursue civil action for your damages. This ensures that you are properly compensated for your out of pocket costs, such as your medical treatment, rehabilitation and wage losses.
Claims against impaired drivers may also include an award for punitive damages. Punitive damages are given in cases where the driver has knowingly put others in danger – for example, by consuming excessive amounts of alcohol or taking drugs. It is intended to punish the driver for their reprehensible conduct.
Being involved in a car accident with an impaired driver can lead to devastating injuries. It is also an incredibly upsetting experience, as the accident could have been avoided, had it not been for the driver’s reckless behaviour. If this has happened to you or your family, you need to speak to a drunk driving accident lawyer.
Drunk driving accident lawyer
At John Mickelson Law Corporation, we are here to help you access justice. Whether you have come to harm, or you have lost a loved one, we can pursue a personal injury claim against the at-fault driver. Making a claim cannot undo what has happened, but it can provide you with the financial support you need to rebuild your life.
Impaired driver accident claims can be complex, as the driver will be in breach of their ICBC insurance. You can still claim compensation, but it is vital that you have a legal expert to guide you through the process.Go back to Blog