Impaired Driving Accident Injury Lawyer
Impaired driving from alcohol and drugs is the leading criminal cause of death and injury in Canada. According to Statistics Canada, in 2017, there were more than 69,000 impaired driving incidents reported by the police, including almost 3,500 drug-impaired driving incidents.
As well, mixing alcohol and marijuana can quickly lead to impairment. The prohibited blood-alcohol concentration (BAC) is 80 milligrams or more (mg) of alcohol per 100 milliliters (ml) of blood. However, the prohibited levels of alcohol and cannabis, when found in combination, is 50mg or more of alcohol per 100ml blood and 2.5 mg or more of THC per ml of blood. One stiff drink and a bit of weed and a driver could be legally impaired.
These relatively small amounts of alcohol and marijuana lead drivers to believe that they are fine to drive. However, ever at these levels, impairment of motor skills, reaction time, concentration and judgment can occur, leading to tragic consequences. It is some comfort that preliminary screening for alcohol can be done without reasonable suspicion that the driver has been drinking, and initial oral fluid drug screening can be administered on reasonable suspicion of drug use. However, despite these safeguards, impaired driving collisions remain a devastating and all-too-common reality.
What you need to know
The Province of Ontario has strict regulations against drivers who are impaired by alcohol, marijuana or other drugs. In some cases, punitive damages can be awarded against drivers with a very high blood/alcohol concentration level, illegal narcotics or prescription medications in their system. Punitive damages are awarded to punish an individual for driving under the influence and to discourage others from driving impaired.
In some cases, the impaired driver might not be the only party at fault. Often, responsibility also falls on licensed establishments such as bars, restaurants and clubs, or retail suppliers of alcohol like liquor stores and craft breweries. A licensed establishment can be held accountable if:
- Alcohol was sold or served to a minor who injured or killed another individual;
- Alcohol was sold or served to an intoxicated individual, who then caused injury or death to another individual.
What you need to do
If you have been involved in an accident with someone driving under the influence of alcohol or drugs, it is important to document as much detail as possible of the events leading to the accident and after it has occurred, including: taking pictures, collecting witness information, collecting drivers information, and seeking necessary medical treatment. If you are not able to do so at the time, make sure you write down everything you remember as soon as you can.
Being injured by an impaired driver can be overwhelming. You will face physical and emotional hardships and unplanned financial issues like income loss, medical and rehabilitation costs, childcare fees and more. Let our experienced legal team help you through these difficult times. At Campisi, our first priority is to invest our expertise, time and resources into getting you and your family the timely, quality care you deserve. In the unfortunate event that you or a loved one has been injured in an impaired driving accident, our personal injury lawyers can advise if you are entitled to compensation and tell you what a reasonable settlement could be for your case.
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- Within 60 days after the occurrence of the injury, written notice of the claim, including the date, time and location of the occurrence, has been personally served on or sent by registered mail to at least one person listed in subsection.
- Generally, you have two years from the date of the accident to file a lawsuit against the at fault parties. We can advise you regarding your access to Accident Benefits after a car accident. However, you must act fast as there are strict time limits.
- Within 7 days of the accident: Inform the accident benefits insurance company of the accident and that you were hurt.
- Within 30 days of receiving an accident benefits application: Send in the completed application that was provided to you by the insurance company. If you take longer, the insurer can delay your benefits for 45 days and may be able to deny you benefits altogether.
- Within 10 business days of receiving a request for information: Your insurance company can request information needed to determine your entitlement. You have 10 business days to provide it, or they can suspend or deny your benefits.
Other important information
Even if you think you are at fault, you could still be a victim of negligence and should consult with our car accident lawyers. Possible negligence includes ice or snow-covered roads, defects on the road surface, improper road design or sightline obstructions. Lawsuits against cities and municipalities require that notice of a pending lawsuit be submitted within 10 days following the accident date. It is therefore urgent that you consult with our lawyers to take the necessary steps to protect your rights.
Within 2 years of a denial: If your insurance company denies benefits to which you are entitled, you must apply to the License and Appeals Tribunal to dispute the denial.
Compensation for your injuries can include damages for:
- Pain and suffering;
- Loss of income and out of pocket expenses;
- Loss of enjoyment of life;
- Economic losses incurred by family members;
- Cost of future medical treatment and care;
- Cost of future attendant care;
- Loss of future ability to earn money in the job market;
- Cost of housekeeping and caregiving;
- Loss of shared family income;
- Loss of care, guidance and companionship suffered by your immediate family;
- and more.
How Campisi can help
At Campisi LLP, we ensure that each member of our team is trained to protect the rights of clients who have been injured at the hands of an impaired driver. You will receive guidance and expertise from our accident benefits team, who have the experience and focus necessary to advocate on your behalf. We have the expertise to win these complex disputes. If you’ve lost a loved one due to an impaired driver, our lawyers can advise you on your family’s rights.
Why Choose Campisi?
A champion with heart
When you’re a victim of an accident, everything can seem upside down. You need someone who cares enough to help you through the process, but also someone who’s strong enough to battle tirelessly on your behalf. You need an advocate with a heart.
We guarantee to always put your future first
You don’t pay for anything until your case is won or settled. We treat you as we would our family, making ourselves available 7 days a week to guide you through these difficult times. We are selective when taking on new clients so that you receive the attention you deserve, and the commitment to win your case.
Campisi is head of the class
At Campisi LLP, you and your family are in good hands. Our Managing Partner is not only an exemplary personal injury lawyer, he is a professor of Insurance Law at York University’s Osgoode Hall Law School. He has been recognized in the 2022 edition of Best Lawyers® in Canada for Personal Injury Litigation, a highly respected resource for both clients and professionals. Our lawyers have successfully represented thousands of clients with serious injuries like yours, and will use their extensive knowledge of the law, the medicine and the insurance system to win your case.