Suing an Impaired Driver for a Family Member’s Wrongful Death in London

Losing a family member to an impaired driver is a profoundly devastating experience, primarily because the tragedy was completely preventable. 📖 When someone chooses to get behind the wheel under the influence of alcohol or drugs in London, they display a reckless disregard for human life. The resulting grief often leaves families demanding not just compensation, but genuine justice and accountability.

In Ontario, holding a drunk driver accountable involves two separate legal streams. The London Police Service handles the criminal charges, which can result in jail time. However, the criminal process does not provide financial support for the grieving family. To secure compensation for lost income, funeral costs, and the loss of companionship, you must file a separate civil wrongful death lawsuit through the courts.

Step-by-Step Process in London, Ontario

Pursuing a civil claim against an impaired driver gives your family control over the financial accountability process. 📍 These lawsuits are filed at the Superior Court of Justice on Dundas Street, and they have unique legal elements compared to standard car accidents.

Step 1: Monitor the Criminal Proceedings

Your civil lawsuit is heavily intertwined with the criminal case. While you do not need to wait for a criminal conviction to file your civil Statement of Claim, a conviction for “impaired driving causing death” practically guarantees liability in your civil case. It removes the driver’s ability to argue that they were not at fault.

Your local personal injury lawyer will closely monitor the criminal trial and request the police toxicology reports, breathalyzer results, and witness statements. 📑 This evidence is directly transferred into the civil case to prove the driver’s extreme negligence.

Step 2: Investigate Commercial Host Liability (Tavern Liability)

In cases of drunk driving, the driver might not be the only party legally responsible. Ontario law includes “commercial host liability.” This means if a bar, restaurant, or pub in London over-served a visibly intoxicated patron and allowed them to drive home, that establishment can be held partially liable for the fatal accident.

Your law firm will investigate where the driver was drinking before the crash. 🔍 They may subpoena credit card receipts, bar surveillance footage, and interview serving staff to determine if the establishment breached its legal duty under the Liquor Licence and Control Act.

Step 3: File for Compensatory and Punitive Damages

When drafting the Statement of Claim, your lawyer will ask for standard compensatory damages—which cover your family’s lifetime loss of financial support and loss of guidance and companionship under the Family Law Act.

However, because drunk driving is so egregious, your lawyer will also likely claim “punitive damages.” 💰 Unlike compensatory damages, punitive damages are specifically designed to financially punish the at-fault driver for their malicious or highly reckless behaviour and to deter others from doing the same.

How Much Does it Cost in London?

Families dealing with the emotional fallout of a drunk driving crash should not have to worry about legal fees. 💰 Law firms in London handle these cases on a contingency basis.

How Long Does the Process Take?

Civil lawsuits involving impaired drivers often take 2 to 4 years to resolve. ⌚ The civil case is sometimes paused (or slowed down) while the criminal trial takes place, as the driver’s defence lawyers will try to avoid providing statements in the civil case that could incriminate them in criminal court.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca