Driving drunk is a real problem on Ontario roads, affecting the safety of pedestrians and drivers alike. It’s been an issue for decades, one that unfortunately doesn’t seem to be going away any time soon.
In the case of a car accident, there’s no doubt that a drunk driver is responsible for injuries he causes. But does a bar or establishment that serves him alcohol and lets him loose on the roads share that responsibility?
YuMaNuMa via CC BY 2.0
Any business in Canada that makes money from serving alcohol – bars, wedding venues, special event hosts – has an obligation to make sure its drunken patrons don’t drive. If it knows, or should know, that someone is too drunk to drive it has an obligation to stop the person from driving. It cannot escape responsibility by turning a blind eye.
So who’s responsible if a drunk crashes his car? In law, many people can be responsible for the same accident, each assuming partial liability. That’s why finding out where a driver was served alcohol is so important in cases involving drunk drivers – the bar or establishment needs to be included in the claim.
As explained in previous blogs, there are special rules that apply to car accidents, including a significant deductible on damages for pain and suffering. However, these rules only apply to someone who is actually present at the scene of the accident. The bar or restaurant that served the drunk driver isn’t subject to these rules, including the deductible. This means more money for the accident victim if the bar is included in the claim.
If you or someone you know has been hit by a drunk driver give us a call at 416-533-7133. We have lawyers experienced in alcohol related injuries who can help you maximize your recovery.
