What Type Of Compensation Can Drunk Driving Accident Victims Get?
If you or a loved one have been seriously injured in a car accident that was caused by a drunk driver you have the right to take legal action. A drunk driving civil lawsuit helps accident victims recover the compensation they need to move forward.
When a court awards compensation, that compensation is known as “damages”. Plaintiffs in drunk driving lawsuits can be awarded compensatory damages that help to cover medical bills, lost wages, and physical pain and suffering.
The total amount awarded to each plaintiff varies greatly and is based on the actual losses that were sustained, as well as expected future expenses.
Who Can an Accident Victim Sue in Ontario?
The answer might seem simple – accident victims can take legal action against the drunk driver who caused the accident. However, there could be another party that can be held legally liable. The establishment that provided the alcohol.
In Ontario, Section 39 of the Liquor Licence Act R.S.O. 1990, c. L.,19 holds establishments liable for selling liquor to individuals who become intoxicated and then cause injury to another party. Basically, bar and restaurant owners have a duty to protect the public from harm by not allowing patrons to become intoxicated.
An establishment can accomplish this by not overserving patrons, ensuring that intoxicated patrons leave in a taxi or rideshare, or by making sure a designated driver takes the patron home.
Who is More Liable, The Driver or the Establishment?
Typically, the drunk driver will be considered more liable than the establishment which served them alcohol. However, depending on the circumstances, liability could be considered 50/50.
Contact an Experienced Ontario Car Accident Attorney
Our legal team offers no-cost consultations to the victims of drunk drivers. We will review your case and inform you of all legal options available to you. Don’t wait – there are strict timelines during which a claim must be filed.
Call our Cambridge ON legal office at (519) 658-6341 or contact us using our online form
