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Earlier this week, three pedestrians were injured in North York after being struck by a man who has now been charged with impaired driving. Read the full CTV News report here. Far too often, we see drunk driving and speeding contribute to serious injury and death of innocent people on our streets.
Many individuals who are the victims of drunk drivers, whether they are a pedestrian, cyclist, or inside a vehicle have the right to pursue not only the drunk drivers and the owners of their vehicles, but potentially others who may have been involved.
Whenever a drunk driver hurts someone, the victim will be able to pursue a lawsuit for pain and suffering, loss of earnings, future care costs, and punitive damages against the driver. In addition to the driver, the owner of the vehicle is also responsible under the law for the injuries. Family members of the victim can also seek payment for loss of care, guidance, and companionship. This is all in addition to seeking no-fault insurance benefits.
But the investigation does not stop there. Who else could be responsible? In Ontario, victims also have the ability to sue bar and tavern owners, and their employees, for failing to meet the standards and laws that apply to them. Holding a liquor license comes with specific responsibilities. Failure to follow standards such as Smart Serve Training, overservice, or knowingly serving alcohol to a drunk patron can result in civil liability. The investigation can also lead not just to bars and taverns, but also to social hosts. Unlike lawsuits against a bar, attaching responsibility to the average homeowner who throws a party, is much more difficult and requires more than simply serving your guest alcohol. For more on social host exposure, look at our Court of Appeal decision in Williams.
Hopefully one day our roads will be safe for everyone and drinking and driving is a thing of the past. Mothers Against Drunk Driving have fought for decades to establish laws that deter this type of behavior. Unfortunately, it still occurs on a far too frequent basis.
At McLeish Orlando LLP, we have been successful over the last 25 years in obtaining fair and reasonable compensation for countless victims of drunk drivers.
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