According to the Ottawa police, impaired driving-related collisions are up 27 percent in the early part of 2026.
Just this past week, two drivers in Tyendinaga Township (neither residing locally) were charged with impaired driving. Last week, a driver in Pembroke was charged following an impaired driving investigation as well.
Impaired driving is very dangerous. The consequences of impaired driving can be life-altering or life-ending for every user of the road, including the impaired person themselves.
If you are injured in an accident caused by a drunk driver in Ontario, there are important issues to consider, like:
- Is an impaired person always at fault for an accident?
- Is my damages award higher because I was hit by a drunk driver?
- What if I was drinking – does that affect my claims at all?
- Does an impaired person still have liability insurance coverage for accidents they cause?
I’ll answer each of those questions below.
Is an Impaired Driver Always at Fault in an Ontario Accident?
Often – but not always.
Just because a driver is drunk doesn’t mean their drunkenness caused the accident.
Take for example the case of Smith v Safranyos, 2018 ONCA 760 where the Defendant’s blood alcohol level was somewhere between 0.066 and 0.082 BAC. He was above Ontario’s statutory limit of 0.05 and straddling the Criminal Code limit of 0.08.
In that case, another driver pulled out in front of the Defendant, without the right-of-way. The Court of Appeal held that there was no way the Defendant could have avoided the accident. The Court also cautioned against placing too much weight on the legal driving standards when assessing negligence. Just because someone may have fallen below the standard of care does not mean that their fall below the standard of care caused the accident. Put another way, although the Defendant had been drinking, he didn’t cause the accident. The accident would have happened anyway even if the Defendant was stone-cold sober. The Court of Appeal did not attribute any fault to the Defendant in that case.
In many cases, impairment is at least one cause of the accident. Accidents can have many causes. If impairment is one cause (even if not the main cause) that’s enough to establish fault against the impaired driver.
Are Damages Higher in an Ontario Drunk Driving Injury Claim?
Sometimes yes, but not necessarily.
Punitive and Aggravated Damages in Ontario
Punitive damages are additional damages awarded that aren’t designed to compensate the Plaintiff, rather they are designed to punish the Defendant. The Plaintiff doesn’t have to prove injury or loss to get punitive damages.
Punitive damages are the exception, not the norm. The goal of tort law is to compensate – not to punish. Punitive damages are only awarded when the Defendant does something incredibly terrible. Drinking and driving can justify the award of punitive damages. However, they typically aren’t awarded if the Defendant has already been punished criminally.
Aggravated damages are different. These are damages designed to compensate the Plaintiff for loss of dignity, humiliation, additional psychological injury, or harm to the plaintiff’s feelings caused by the defendant’s reprehensible or outrageous conduct.
What If There Are No Punitive or Aggravated Damages?
Most motor vehicle accident cases in Ontario are tried by a jury of 6 people from the community who have no legal training or experience.
Outside of punitive and aggravated damages, juries are not supposed to consider the fact that someone was drinking when assessing damages. That said, juries appreciate the scrouge that drinking and driving is on society. They are likely to sympathize with someone hurt by a drunk driver.
Juries have a lot of discretion when assessing damages. For most categories of damages (pain and suffering, income loss, care costs, housekeeping and home maintenance) the jury has a wide range of assessments it could possibly make based on the evidence.
Where the jury lands in that wide range depends on what they believe about your case. A lot of that comes down to whether the jury likes you and believes what you’re saying. Where their sympathies lie can play a large part in that assessment. If they sympathize with you, like you, and believe you, you’re likely to see a higher damages award.
Substantial Indemnity Costs in Ontario Injury Claims
Separate from the damages award, s 4(6) of the Victims Bill of Rights provides that victims of a crime should get more of their legal fees covered by a Defendant in a civil case. This section may apply in some cases, depending on the existence and nature of a conviction.
What If I was Drinking – Does That Affect My Ontario Injury Claim?
Yes – if you are convicted of impaired driving (or some related offences) you cannot claim certain accident benefits. You may still have a tort claim if another driver is at fault, but that claim may be reduced for contributory negligence because you were impaired
When it comes to accident benefits, your ability to obtain certain benefits is only hampered if you’re convicted (i.e., a charge is not enough). This is an important thing to consider when trying to resolve your criminal case. Pleading down to a lesser offence may preserve your right to claim certain accident benefits. If you have been seriously injured in an accident where you are charged with impaired driving (or a related offence), you should consult with an injury lawyer in addition to a criminal lawyer. You should do this before taking a plea.
Even if you are convicted of impaired driving, you still have access to medical and rehabilitation benefits through your accident benefits insurer, so it’s important you apply for these benefits right away following an accident.
Does a Drunk Driver Still Have Insurance Coverage in Ontario?
Usually yes.
An insurer cannot automatically deny coverage solely because an insured driver was impaired. If a Defendant’s coverage is denied, you may have recourse through your own policy for sums you cannot recover from the Defendant’s insurer.
Note that an insurer CAN deny coverage due to impairment for certain types of claims (like for property damage and certain accident benefits as discussed above). The specific insurance coverage an impaired person has depends on the circumstances of each case.
Speak to One of Our Ontario Injury Lawyers After a Drunk Driving Accident
None of this should be taken as legal advice. One or two key facts can completely change how these questions would be answered in your specific situation.
If you’ve been seriously injured in an accident with a drunk driver, call us today for assistance.
