The holidays are a busy time of year, filled with parties and dinners with family and friends. Many people are on the roads, driving to social gatherings or travelling to visit out-of-town relatives. Many people also indulge—or overindulge—in alcohol around this time of year. Both of those factors combine to increase the risk of being hurt in a car accident caused by an intoxicated driver.
In today’s article, we’ll have a look at sources of compensation for people hurt by impaired drivers, including the potential for social host liability. If you or a loved one has been injured due to drinking and driving over the holidays, please contact an experienced accident claims lawyer at Kelly Greenway Bruce for personalized support and advice.
Financial compensation for motor vehicle accident injuries
Car crashes can cause serious, life-altering injuries. Recovering from a car accident is fraught with physical, emotional, and financial challenges. You may be unable to work due to your injuries. You may also need costly treatments and expensive medication to help you recover.
You want to ensure that you receive compensation from all possible sources following a motor vehicle accident. The two most common sources of compensation following an Ontario car accident are a Statutory Accident Benefits Claim and a personal injury lawsuit against an at-fault driver. We will discuss those first, and then discuss the potential for social host liability.
Statutory Accident Benefits Claim
Anyone injured or killed in a vehicle accident is entitled to Statutory Accident Benefits in Ontario, regardless of who was at fault. For that reason, accident benefits are also commonly referred to as “no-fault” accident benefits. Accident benefits coverage provides compensation for various out-of-pocket expenses, like income replacement and medical bills. The usual rule is that you make your claim for accident benefits to your insurer under your own automobile insurance policy.
Personal injury lawsuit against the at-fault driver
If another driver—such as an impaired driver— was responsible for the crash, you can file a personal injury lawsuit against them to recover economic and non-economic losses. Types of damages in a personal injury lawsuit include general damages (also known as damages for pain and suffering), special damages (out of pocket expenses), future care costs, past income loss, and loss of income earning capacity.
You have the legal right to sue another driver for your injuries and losses even if you were partially at fault for the accident (for example, if a drunk driver crashed into your vehicle while you were driving over the speed limit). The damages you receive in your personal injury lawsuit will be reduced by the percentage of fault (if any) assigned to you.
Never assume that you will be found responsible. Talk to an experienced car crash lawyer about how the accident occurred to determine if you have a claim and discuss how to push back against any possible defences that may be raised against you.
Social Host Liability
If you’re injured by an impaired driver who consumed alcohol at a social gathering before the accident, can you sue the party’s host to recover damages for your injuries? The law in the area of social host liability is grey and the answer to the question will depend heavily on the facts.
The law in Canada is clear that commercial hosts can be liable for the actions of their intoxicated patrons. So, a bar or restaurant, for example, that sells alcohol for profit owes a duty of care to its patrons and to third parties who could be negatively impacted by an intoxicated patron’s actions. On the other hand, social hosts of private gatherings generally don’t owe a duty of care to third parties such as other drivers.
The leading decision on social host liability is Childs v. Desormeaux ("Childs") which made its way all the way to the Supreme Court of Canada. In Childs, the injured person was a third-party driver who was severely injured in an accident involving an intoxicated party guest. The injured person unsuccessfully sued the party’s host, arguing that they should have maintained better control over the party where alcohol was served.
The Supreme Court of Canada concluded that the social host in this case did exercise adequate supervision, but even if they hadn’t, social hosts don’t owe a duty of care to third parties who may be injured by intoxicated guests. The Court wrote (at para 47): “…hosting a party at which alcohol is served does not, without more, establish the degree of proximity required to give rise to a duty of care on the hosts to third-party highway users who may be injured by an intoxicated guest.”
Use of the words “without more” left the door open to argue that a duty of care may arise in different circumstances. A situation may arise that leads to a finding that a social host does owe a duty of care to third parties. It will have to be determined by the courts on a case-by-case basis whether a social host owes a duty and breached that duty. Possible factors that may influence the outcome include whether the host provided alcohol to guests, how many guests were present, and whether alcohol was served to an underage driver. It’s highly recommended that you reach out to an experienced accident claims lawyer as soon as possible after the accident to discuss the facts and the viability of lawsuit against a social host.
Trusted Oshawa, Linsday, Ajax and Whitby Accident Lawyer
If you've been hurt by an impaired driver, it’s crucial to reach out to an experienced accident claims lawyer as soon as possible. The legal professionals at Kelly Greenway Bruce have a deep understanding of the relevant laws and can help you navigate the complex legal system.
Our team of lawyers and support staff work tirelessly to provide personalized, effective assistance in a compassionate manner. Let our legal professionals deal with the claims process while you and your family concentrate on getting better.
To speak with a car crash lawyer and find out if you have a case, contact us today at our offices in Oshawa or Lindsay. We offer a free, no obligation case evaluation. We can review your situation, explain your legal options, and help you determine the next steps forward. If you live elsewhere in the GTA or Durham Region including Ajax and Whitby, accident lawyers at our firm are standing by ready to help.
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