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My daughter was seriously injured after being hit by a drunk driver in Kingston – What are her legal rights?

Pursuant to the car accident and injury law in Kingston, Ontario, your daughter may have several legal options.

First and foremost, if she owns a car, she should file an accident benefits claim with her own car insurance company. Ontario car accident law provides that an insured’s related medical expenses resulting from a car, truck or pedestrian accident are paid for by her own car insurance company.   Therefore, even though she was not at fault and may not have been driving her car when the accident happened if she was a pedestrian, her own car insurance company pays for reasonable medical and rehabilitation care benefits. Other benefits she may also be eligible to receive are lost earnings.

For a discussion on other benefits she may be eligible to receive, see Ontario Car Accident Law – Lost Pay or Wage Loss Benefits.

If she does not own a car, she may be covered under another applicable car insurance policy. For example, if she lives with you in your home, she may be covered under your own car insurance policy and eligible to receive accident benefits.

If no other applicable auto policies apply, then she may be able to receive accident benefits from the drunk driver’s car insurance company.

Aside from receiving accident benefits, she may file a lawsuit or tort claim against the drunk driver for her injuries and damages not covered by accident benefits, such as pain and suffering.

In addition, she may be able to file a lawsuit against the bar that served alcohol to the driver depending on the facts and circumstances of the accident.

It is well established law that bars, taverns and restaurants that serve alcohol to patrons may be held liable for injuries to third parties caused by the establishments’ patrons. However, in order to determine liability, the facts of the accidents have to be carefully analyzed.

For a detailed discussion about laws pertaining to Ontario drunk driving accidents, see Ontario Drunk Driving Accidents – Bars May Also Be Liable Parties In Addition To The Drunk Drivers.

Here’s an example of when a bar may be held liable in your daughter’s case. The driver was at a bar prior to hitting your daughter. He was there for 4 hours and became drunk while he was there. As the hours went by, he became visibly intoxicated. He was served by the same waitress, who noticed that he was becoming heavily intoxicated. The waitress also knew that he would be getting into his car to drive upon leaving the bar. However, for whatever reason, perhaps they were friends, the waitress continued to serve him alcohol. In this situation, the bar may also be held accountable for your daughter’s injuries and damages because it contributed to the accident.

Not every drunk driving car accident will render the bar liable for providing alcohol to the at-fault driver (i.e., the drunk driver). Therefore, it is important to talk to an experienced car accident lawyer in Kingston about your daughter’s accident.

We always offer FREE consultations. Feel free to give us a call to discuss your daughter’s case. We will ensure we help her obtain just and fair financial compensation. 1-866-384-5886

Contact Bergeron | Clifford LLP

Let us help you if you have been injured anywhere in Eastern Ontario. Contact us at 866-384-5886 or fill out our online form. We can meet at any of our office locations, including Kingston, Ottawa, Whitby, Carleton Place, Perth or wherever is most convenient for you.

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