Collisions can occur in seconds! There are potentially far-reaching consequences. A normal motor vehicle accident can be a crime case, an insurance claim, and, when alcohol is involved, a civil cause of action that carries massive lifetime injuries, medical expenses, and lost income. When a beer is served in a brewery, pub, or club, taking it down the pub can be a great experience, but there’s more on the cards before hitting the pavements to collect the keys to the car. When it’s a simple matter of designating a driver or some other alternate route to get home safely, one night of fun could become a life-changing occurrence!
Everyone who is hit by an intoxicated motorist’s car doors should most obviously be safe. So, the next set of questions that arise in a hurry is: Who will pay reparations? Before heading to the club, what about the ‘impaired’ driver? Can I sue? If I’m in such a state of injury that I’m no longer able to work, what are the chances I’m going to end up in prison? The answers will adjust according to the circumstances, evidence, and insurance policies that will take effect following a crash.
What Happens After an Impaired Driving Accident
An impaired driving accident can trigger two separate legal processes. The first is criminal. Police may investigate the driver’s suspected impairment, collect evidence,e and lay charges under Canada’s impaired-driving laws. Situations involving people who live with drunk driving-related consequences can also highlight the serious legal risks associated with consuming alcohol before getting behind the wheel.
The second is civil. This process deals with compensation for people who were injured or suffered financial losses.
Although they are related, they are not identical. Who is responsible for all the losses of the victim is not necessarily determined by a criminal charge. The Alberta government itself states that this has nothing to do with the police’s Civil Liability determination. For insurance purposes, liability is determined by insurance companies, and there are courts as another alternative to challenge liability.
That distinction becomes important when an insurance claim or lawsuit follows the crash. If the injuries are serious or the financial losses are substantial, an auto accident lawyer can help determine what claims may be available and what evidence is needed to support them.
The First Financial Consequences Can Appear Immediately
An alcohol-related driving accident can create expenses long before a legal claim is resolved.
Depending on the circumstances, losses can include:
- Vehicle repairs or replacement
- Towing and storage
- Medical treatment
- Rehabilitation
- Prescription costs
- Lost wages
- Reduced earning ability
- Out-of-pocket transportation costs
- Other losses connected to an injury
Accident benefits in Alberta are available whether the car accident is considered “at fault” or not. Typically, it begins with a medical evaluation, reporting the collision, and filing the necessary claim paperwork with the insurance company.
This means that an injured person doesn’t need to wait for a claim to settle to avail the benefits that are available.
How Insurance May Respond After an alcohol-related driving accident
Alcohol involvement in a collision does not mean the innocent driver must simply absorb the resulting costs. In cases involving alcohol-impaired driving, qualifying vehicle damage claims in Alberta are likely to be handled by the at-fault motorist, who will deal with their own insurance provider instead of requesting vehicle damage compensation from the other driver’s insurance provider. Exceptions apply, such as where a vehicle is driven without insurance or an insurance company that is not participating in Alberta’s insurance system.
This can make what at first sounds like a more basic cause of the accident and just sending a repair bill to the person responsible for it to pay for the repairs much more complex. Your insurance provider will assess the collision, look at coverage, and evaluate damage. The accident should be reported immediately, and honest details should be given regarding the accident.
Avoid any private cash settlement at the wreck scene because the other driver does not want the police to know about the incident. Alberta explicitly encourages drivers who have not agreed to render monetary or any other guarantees, nor signed statements at the scene. If you suspect impaired driving, dial 911.
Can You Sue After Getting Hit By A Drunk Driver?
Potentially, yes. The answer depends heavily on when the collision occurred, the injuries involved, and the insurance and liability rules that apply to the claim.
Under Alberta’s current system, people who are not at fault can generally bring civil claims in appropriate circumstances, depending on the rules and limitations that apply to their case. These legal consequences may include pursuing compensation for injuries or property damage through the civil process. Alberta courts recognize motor vehicle accidents and personal injury as types of civil claims, and the general limitation period for injury or property damage claims is often two years. Because exceptions can apply, it is important to investigate your legal rights promptly rather than risk missing an available remedy.
A successful claim may address losses that insurance benefits do not fully resolve. That could include financial losses connected to the injury, ongoing impairment and other legally recoverable damages.
The evidence becomes particularly important here. A police report, witness statements, medical records, photographs, employment records and insurance documents can all help establish what happened and what the collision cost you.
Alberta’s Insurance Rules Are Changing In 2027
This is one part of the story that deserves attention because Alberta’s auto-insurance system is changing.
The province’s new Care-First system is scheduled to begin on January 1, 2027. The system is designed to provide broader care and benefits without relying on litigation as the primary route to recovery. At the same time, the province has created circumstances in which an injured person can sue an at-fault driver, including certain serious or criminal driving offences such as drunk driving.
That makes the date of a collision significant. The laws that apply to a person involved in a crash prior to the new system in place could be different than the laws that apply to the person injured by a collision after January 1, 2027.
If a serious injury happens, or there is suspected impairment, seeking legal advice on the injury that applies to the specific collision is much more valuable and relevant than simply taking information from the internet.
What Is Dram Shop Liability?
Another possibility is to encounter the phrase dram shop liability following an alcohol-related driving accident. Usually, it alludes to any type of civil liability involving a business or person who is known to have served alcohol to an intoxicated individual who subsequently injured that person.
This area of law is more complicated than the simple idea that “the bar served too much, so the bar pays.” Canadian courts have considered circumstances involving commercial hosts and social hosts, with questions of foreseeability, proximity, the conduct of the host, and the risk created by serving alcohol all playing a role. Liability is not automatic simply because an establishment served the driver before the crash.
So, in some situations, evidence of what occurred just prior to the driver’s departure may be relevant. Records of service, receipts, surveillance video, and other evidence can support the case as to the circumstances concerning the driver’s intoxication.
What Happens When the At-Fault Driver Is Uninsured?
An uninsured driver can create another layer of financial uncertainty. Alberta has the Motor Vehicle Accident Claims Program, commonly called MVAC, for people injured by uninsured or unknown drivers in qualifying circumstances. The program can provide a route to compensation for personal injuries, with a current maximum combined payment of $200,000 for all victims of an accident. Property damage is not covered through MVAC.
To participate in the program, there are some conditions one must meet, such as having to take legal measures and looking for any other insurance benefits available first. This is a good reminder to anyone injured to look at all options for receiving compensation from the responsible driver before deciding that he or she is unable to pay.
What Should You Do After an alcohol-related driving accident?
The priority is safety. After that, documenting the collision properly can make the insurance process much easier. The Government of Alberta’s collision and insurance guidance outlines what drivers should collect after a crash, the correct procedure for reporting a crash, and the process of an insurance claim following a crash.
- If you feel the other driver was intoxicated, or one individual is injured particularly seriously, call 911 right away. Under Alberta law, drivers are encouraged to report accidents that may be deemed a violation of the rules of the road (or impaired driving).
- Get medical attention. Not all of the injuries from a collision are apparent right away.
- Document the scene. Document appropriate images and information, if safe.
- Collect witness information. Later, these independent witnesses will be important.
- Make sure you let your insurance company know as soon as possible. Write a factual description of the accident and injuries.
- Don’t forget to take notes on the losses. Keep medical records and documents relating to receipts, etc., and wage information and letters from insurance companies.
- Don’t stop at any street or roadside verge.
- If you’ve suffered serious injuries or have ongoing lost wages, consult a lawyer before you finalize your settlement.
Finally, let’s be mindful of the last point. Agreeing to accept a settlement that may not be the total amount of an injury can be problematic.
The crash may be over, but your claim may only be beginning.
If you are injured because of another person who was intoxicated while driving, then you may not have only suffered injuries to your vehicle. Treatment and recuperating from injuries could necessitate continuous treatment, and losing work can add to your financial stress. There may be insurance issues to worry about, as well as perhaps determining what your options will be after the accident. The driver may face criminal charges, but these are not related to your rights of compensation. The potential financial recovery you can obtain will depend on several factors: your insurance policy, if any has been offered; whether you can pursue any civil claim, and the benefits you will receive from any insurance policies you purchased; evidence of your crash; and evidence of the accident date.
Finally, in 2027, legal employers in Alberta are undergoing changing winds as well. This is especially important if you have a significant personal injury or monetary loss. The report of the collision is a road event report.
Building a claim often requires looking at what happened before, during, and after the crash, and documenting the financial consequences that followed, which may be important when seeking financial relief for medical costs, lost income, and other losses. The situations in which alcohol was involved and why the driver decided to drive upon returning home after an evening at the brewery, pub, or event where alcohol was present may also be factors when determining the causes of the collision.
