Areas of Practice

Drunk & Distracted Driving Accident Lawyer

Toronto Drunk or Distracted Drivers Lawyer

Each year, drunk and distracted drivers cause thousands of accidents in Ontario. Distracted driving in particular is becoming an increasing threat to the safety and security of Ontario’s road users. In Ontario, deaths from collisions caused by distracted driving have doubled since 2000.[1]

According to the Government of Ontario:[2]

  • One person is injured in a distracted-driving collision every 30 minutes.
  • A driver using a phone is four times more likely to crash than a driver focusing on the road

In recent years, distracted driving has been a larger contributor to motor vehicle deaths than impaired driving.

The list of modern-day distractions includes everything from texting and general mobile-phone use to personal grooming, to eating or talking with passengers. No matter the wide range of distractions however, the motor vehicle driver’s primary responsibility is always the safe operation of their vehicle. The government’s position on the issue of distracted driving was made clear in 2009 with legislation that made it illegal to use hand-held communication devices while driving.[3]

In 2015, distracted driving penalties increased under new Ontario law.[4] Per Bill 31 (effective September 1, 2015), fully licensed drivers may be fined up to a $1,000 and receive Three (3) demerit points.

Those injured as a result of the actions of drunk and distracted drivers may have a claim for financial compensation for their out-of-pocket medical expenses, for lost wages due to an inability to work, as well as other related consequences of their injuries.

Personal injury lawyers are important in drunk and distracted driver accidents in documenting the circumstances of the collision and establishing fault on behalf of the injured party. In some circumstances, the liability and responsibility for a drunk driving accident, for example, may extend as far as the bar or tavern who served the impaired driver.

Time Limits

There is a two (2) year time limit from the date of your accident, or injury, to file a claim in Court. If no claim is filed in Court, after the two year mark the right to make a claim will likely be lost. It is very important that you contact us as soon as possible after your accident, or injury, to make sure that the time limit is not missed.

There are a few possible exceptions to the two year time limit that are best explained by us. For example, if the injured person was under the age of majority at the time of the accident, or injury, you have two years from their 18th birthday. In some other cases the date the time limit starts is not on the day of the accident, but the day a person of sound mind should have known they have a claim.

Hiring Tony Lafazanis is risk free. There is no legal bill to pay, if there is no settlement.

[1] https://www.ontario.ca/page/distracted-driving

[2] https://www.ontario.ca/page/distracted-driving

[3] https://news.ontario.ca/mto/en/2010/01/distracted-driving-fines-start-february-1.html

[4] http://www.mto.gov.on.ca/english/safety/distracted-driving-faq.shtml

Each personal injury case is unique and requires dedication, professionalism, expertise and a personal, hands-on approach.
If you have suffered injury due to the negligence of others, Tony Lafazanis will guide you through every step of the legal process, and ensure you receive the compensation to which you are entitled.
Get a Free Case Evaluation Today

FAQs

1. What should I do if I am injured by a drunk or distracted driver?

If you have been injured in a collision involving a drunk or distracted driver, report the accident to the police where required by law, preserve any available evidence, exchange information with the other driver, and keep records of your injuries, treatment, and related expenses. Contacting a personal injury lawyer as soon as possible can help you understand your legal rights, protect important evidence, and ensure that applicable legal and insurance deadlines are met. Tony Lafazanis offers a free, no-obligation consultation to discuss your case and explain your legal options.

2. Can I claim compensation after a collision caused by a drunk or distracted driver?

Yes. If you were injured because another driver’s negligence caused or contributed to the collision, you may be entitled to seek compensation through a personal injury claim. You may also be eligible for certain statutory accident benefits under Ontario’s automobile insurance system, regardless of who was at fault. Depending on the circumstances of your case, compensation may be available for medical expenses not covered by insurance, lost income, pain and suffering, rehabilitation costs, and other losses recognized under Ontario law. Tony Lafazanis can review your case and explain the compensation that may be available.

3. Can someone other than the driver be held responsible for the collision?

Possibly. Depending on the facts of the case, liability may extend beyond the driver. For example, in certain circumstances, an employer, an owner of the vehicle, or another party whose negligence contributed to the collision may also be legally responsible. Tony Lafazanis can review your case and determine whether additional parties may be liable for your injuries.

4. How long do I have to file a lawsuit after a motor vehicle accident in Ontario?

Under Ontario’s Limitations Act, 2002, there is generally a two-year limitation period to start a personal injury lawsuit arising from a motor vehicle accident. However, certain insurance claims, statutory notices, and exceptions may involve much shorter deadlines. Because these time limits vary depending on the circumstances, it is important to seek legal advice as soon as possible to protect your legal rights.

5. What evidence can help support a drunk or distracted driving claim?

Evidence may include police reports, witness statements, photographs of the accident scene and vehicle damage, medical records, dashcam or surveillance footage, accident reconstruction reports, and, where available, cellphone records or other evidence relevant to the collision. The evidence needed will depend on the specific circumstances of your case. Tony Lafazanis can help gather and preserve the evidence needed to support your claim.

About Tony Lafazanis

Tony Lafazanis received his Bachelor of Laws in 1981 upon graduation from Osgoode Hall Law School, and was called to the Ontario bar in 1983. He is a member of the Law Society of Upper Canada, the Ontario Trial Lawyers Association, Toronto Lawyers Association and the Hellenic Canadian Lawyers Association. Tony is also a Greek-speaking lawyer that can communicate the entire process in the Greek language.

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