Drunk Driving Accident Lawyers in Halifax Fighting For Compensation For Victims

Advocating for Victims in Drunk Driving Crashes in Nova Scotia

Driving under the influence of alcohol or drugs is illegal. Unfortunately, many people choose to drive while intoxicated. These drunk drivers are responsible for thousands of fatalities and injuries every year in Canada.

If you were involved in a car accident caused by a drunk driver, you could be entitled to compensation for your injuries. However, obtaining this compensation can be a complicated and challenging process, so you should turn to the team of drunk driving accident lawyers at McKiggan Hebert Lawyers.

It’s in your best interest to contact our Personal Injury Lawyers in Halifax before you speak to an insurance adjuster about your injuries. Let us stand by your side from the beginning to the end of your case so we can protect your rights and fight for the compensation you deserve. Learn more about how we can help by calling 902-706-2298 to schedule a no-cost, no-obligation consultation with our team. Start your claim now.

Understanding Drunk Driving Accidents in Nova Scotia

Driving under the influence of alcohol or drugs is a serious offence in Nova Scotia. Unfortunately, many drivers disregard the grave risks associated with this reckless driving behaviour. Impaired driving endangers not only the individual behind the wheel but also passengers, pedestrians, and other motorists sharing the streets and highways. Despite legislative efforts to deter this conduct, drunk driving accidents remain a significant cause of serious injuries and fatalities.

Impaired Driving Laws in Nova Scotia

When drivers choose to get behind the wheel while intoxicated, they face numerous legal consequences. Federal and provincial laws work together to define and penalize impaired driving. These statutes are designed to deter reckless conduct, hold violators accountable, and protect the public from harm.

How the Criminal Code of Canada (Section 320.14) Defines Impaired Driving

Section 320.14 of the Criminal Code prohibits operating a vehicle when a person’s ability to do so is impaired to any degree by alcohol or drugs. The offence is typically proven by either:

• Showing that a driver’s blood alcohol content (BAC) exceeded the legal limit of 80 mg of alcohol per 100 ml of blood (i.e., 0.08%).
• Demonstrating that the driver was otherwise impaired by alcohol or another substance to the extent that they could not safely operate a vehicle.
  Convictions lead to a range of punishments—first-time offenders generally face fines and licence suspensions. In contrast, repeat offenders or those who cause bodily harm or death can receive jail time. This legal framework reflects Canada’s strong stance on preventing impaired driving by imposing strict penalties that escalate with the gravity of the offence and the driver’s history.

The Role of the Motor Vehicle Act in Regulating Driver Impairment

Alongside federal statutes, Nova Scotia’s Motor Vehicle Act helps regulate drivers who consume alcohol. Provincial legislation includes administrative licence suspensions for drivers who record a BAC above the allowed threshold. Even if charges under the Criminal Code do not materialize, the province can impose immediate roadside suspensions, fines, and mandatory ignition interlock requirements for those caught driving with a BAC above provincial limits.

These administrative penalties allow law enforcement to remove impaired drivers from the road swiftly. They often remain in effect while any criminal charges are processed in court. Drivers can also face additional penalties for failing breathalyzer tests or refusing to comply with roadside screening procedures. This layered approach underscores Nova Scotia’s commitment to preventing impaired driving through both immediate interventions and longer-term legal sanctions.

Consequences for Drivers Convicted of DUI-Related Offenses

The severity of penalties faced by convicted DUI offenders depends on multiple factors, including the driver’s prior record and whether the accident caused injury or death. Potential outcomes range from minimal licence suspensions and monetary fines to years of incarceration. Judges also have the discretion to order restitution to victims for medical expenses and property damage.

An impaired driving conviction can significantly alter a person’s life, affecting employment prospects, international travel, and personal relationships. In addition, insurance premiums typically skyrocket, making it exceedingly costly for offenders to operate vehicles in the future. These harsh consequences serve as a deterrent intended to curb the frequency of drunk driving and deter repeat violations.

Victims’ Rights in Drunk Driving Accidents

Victims of drunk driving accidents have vital rights under Nova Scotia’s legal framework. Filing a claim allows them to pursue compensation for injuries, emotional distress, and financial setbacks stemming from the incident. Whether as a passenger, occupant of another vehicle, or a pedestrian, individuals harmed by a driver under the influence should understand their legal options for holding the responsible parties accountable.

Your Right to Seek Compensation as a Victim

Under Nova Scotia tort law, anyone harmed by negligence can seek compensation. Drunk driving clearly violates the duty of care owed by drivers. Victims may claim damages for medical expenses not covered by MSI or equivalent public health plans in other provinces of Canada, lost income, loss of home-keeping abilities, and pain and suffering. If an accident leads to permanent disability or disfigurement, courts may grant further compensation for rehabilitation, assistive devices, and home modifications.

Settlement negotiations with the at-fault driver’s insurer often happen without trial. However, if the insurer disputes injury severity or fault, litigation may be necessary. Victims should keep detailed medical records, communicate with healthcare providers, and seek legal advice promptly to ensure evidence and deadlines are preserved.

Legal Options for Passengers Injured by a Drunk Driver

Passengers often trust drivers to operate vehicles responsibly. If a driver is intoxicated, that trust is misplaced. Injured passengers can pursue claims against the at-fault driver, even if they were in the same vehicle. Insurance usually covers passenger injuries. However, issues may arise if a passenger knowingly enters a vehicle driven by someone under the influence. Insurers might argue contributory negligence, claiming the passenger assumed the risk. Despite this, the passenger can still seek compensation, though any compensatory damages may be reduced based on their share of fault.

Holding Bars and Establishments Accountable for Over-Serving (Dram Shop Liability)

In Nova Scotia, the law of negligence can apply to drinking establishments and hosts in private homes and other settings where alcohol is consumed. Establishments and hosts may be responsible for injuries to others caused by an impaired drivers’ actions. Suppose a bar or homeowner at a party serves alcohol to a visibly intoxicated person who later drives and causes an accident. In that case, that establishment or homeowner may share liability for the resulting injuries. Servers must cut off obviously impaired patrons to prevent endangering others or themselves. Commercial drinking establishments can be liable to the impaired person themselves, especially in the event the person they served alcohol to dies.

In Nova Scotia, bars and social hosts can be liable if they ignore signs of intoxication and continue serving. Evidence like witness statements, videos, and receipts can support claims against establishments. While cases against liquor establishments and hosts can be complex, they underscore the community’s role in preventing drunk driving accidents.

How Liability Is Determined in DUI Accidents

In the wake of a drunk driving accident, victims need to understand the concept of legal liability—namely, who bears responsibility for paying compensation. While the intoxicated driver is often a clear primary defendant, others may be at fault.

Proving Negligence in Impaired Driving Cases

Under Canadian tort law, negligence arises when a defendant violates a duty of care, causing harm to someone else. Operating a vehicle while impaired indisputably breaches the duty to drive responsibly. As a result, demonstrating liability in many drunk driving cases is more straightforward than in accidents where both parties claim each other was at fault. If the victim can show that the driver was intoxicated and that this intoxication directly led to the accident, liability is typically clear.

Nonetheless, certain details—like whether the plaintiff contributed to the crash or the exact extent of injuries—remain up for dispute. Thus, ample evidence, such as police reports, witness statements, and medical records, is essential. Where the driver was charged or convicted in criminal court, the record of conviction can serve as powerful evidence in the civil proceeding, supporting a finding that the driver’s negligent (or even reckless) conduct caused the collision.

The Role of Blood Alcohol Content (BAC) as Evidence

When police attend the scene of a serious collision, they often administer a breathalyzer or blood test if there is suspicion of impairment. A BAC reading at or above 0.08% is over the legal limit. Even if the reading is slightly lower, it might still support a finding of negligence if the driver was sufficiently impaired to cause an accident. In a civil lawsuit, the BAC reading is generally admissible as evidence.

Defence counsel may challenge the accuracy or timing of the test if, for instance, a delay occurred before the sample was taken. Moreover, impaired drivers sometimes refuse the breath or blood tests, which may lead to an automatic licence suspension under provincial laws and to automatic criminal charges. While refusal complicates the prosecutor’s job in criminal court, in a civil context, such refusal might be presented as evidence of the driver’s consciousness of guilt or attempt to evade responsibility.

When Third Parties (Bars, Hosts) May Share Liability

Third-party liability can come into play when a driver becomes intoxicated at a bar or private event and the establishment or host fails to exercise reasonable care. For example, if bartenders continue serving alcohol to a person who is clearly drunk and intends to drive, the injured party may argue that the establishment or host bears partial responsibility. Social host liability is less clearly defined than commercial host liability. Still, courts have recognized potential liability if the host actively served alcohol and allowed an obviously impaired guest to get behind the wheel.

Although the drunk driver typically carries primary fault, involving third parties can help victims access additional insurance coverage, especially in catastrophic injury cases where the driver alone lacks the financial resources or insurance to satisfy a significant damages award. Adding drinking establishments or social hosts as defendants in a lawsuit along with the impaired driver may improve the chances of full compensation.

How Much Compensation Can I Recover For My Drunk Driving Accident Injuries?

Anyone who has been injured in an accident caused by a drunk driver may be entitled to compensation. The amount of compensation that you are awarded will depend on a number of different factors, including:

• The severity of your injuries: The more severe the injuries, the higher the value of your claim.
• Future uninsured medical expenses: If you need ongoing medical treatment in the future that is not covered by MSI or public health insurance from other provinces, this will increase the value of your claim.
• Work restrictions: If your injuries have affected your ability to work, you are entitled to compensation for your lost wages. You can also recover compensation for income you will lose in the future due to your injuries.
• Pain and suffering: The amount of compensation you are awarded will also depend on the level of physical and emotional pain and suffering you experienced as a result of your injuries and any residual disability you may have to deal with in the future.
• Impact of your injuries: How your injuries impact your daily life will also affect the amount of compensation.
• The nature of the accident: Some drunk driving accident victims may be entitled to punitive damages when the driver’s actions were particularly egregious. These damages are only awarded when the court believes it is necessary to punish the defendant for their conduct and the defendant has not already been punished, for example, under the Criminal Code of Canada.

Every personal injury claim is unique, so the amount and type of compensation that is awarded will vary on a case-by-case basis. In general, drunk driving accident victims may be awarded compensation for their current and future non-insured medical expenses, lost wages, loss of earning capacity, loss of ability to do housekeeping and maintenance tasks, pain and suffering, and more.

If you want to know how much your drunk driving claim is worth, it’s best to speak to the drunk driving accident lawyers at McKiggan Hebert Lawyers as soon as possible.

What’s the Difference Between A Civil and Criminal Drunk Driving Case?

Understanding the difference between a civil and criminal drunk driving case is important. If you were in an accident caused by a drunk driver, you may file a personal injury lawsuit against the driver to recover compensation for your injuries. A personal injury lawsuit is a civil case, not a criminal case. The purpose of a civil case is to seek compensation for the losses suffered in a drunk driving accident, including financial, physical, and emotional.

The purpose of a criminal case is to punish a defendant who is guilty of committing a crime and to deter future behaviour. If the defendant is found guilty, the court can impose various penalties, including imprisonment, fines, and losing driving privileges.

When you or a loved one has suffered injuries caused by a drunk or drug-impaired driver, take immediate steps to initiate a claim for compensation with the help of an experienced personal injury lawyer.

Book A Free Consultation With Our Experienced Drunk Driving Accident Lawyers

Have you been injured by a drunk driver in Halifax? If so, seek legal representation from the skilled drunk driving accident lawyers at McKiggan Hebert Lawyers as soon as possible. Our lawyers have successfully recovered millions of dollars in compensation for the injured. Our track record of success proves that we know what it takes to win compensation for our clients. Let us handle every aspect of your personal injury claim and fight for the compensation you deserve. With our help, you can reach the best possible outcome in your case.

Start your personal injury claim now by scheduling a free consultation with McKiggan Hebert Lawyers today. Call 902-706-2298 or fill out our online form to reach out to us and schedule a free case consultation.