Injured by an Impaired Driver? Get a Lawyer.
Driving while under the influence or driving while drunk is a serious offence that is punishable by the criminal law. The same is true of refusing a demand for a breath sample.
If you are injured by a drunk driver you may be entitled to financial compensation. Talk to a lawyer.
If you have been injured by a drunk DUI driver and are looking for a lawyer to advance a claim – go with the experience! Call Robert MacKay. Robert has over 30 years of experience. Call today.
What If I Knew The Driver Was Drunk?
Alberta law has a doctrine known as “contributory negligence” where it might be said that is was partly your own fault if you accepted a ride from a driver who was impaired. But it is complicated and you need to talk to a lawyer. If you were injured as a passenger and the driver of the vehicle you were in (or that hit you) was drunk – you have an excellent chance of recovering financial compensation in either case. Call Robert for advice.
Here is a copy of parts of the Contributory Negligence Act of Alberta as published by the Queen’s Printer June of 2014.
CONTRIBUTORY NEGLIGENCE ACT
Table of Contents
1 Apportionment of liability
2 Determination of degree of fault
3 Questions of fact
3.1 Last clear chance rule not applicable
6 Adding party defendant
Apportionment of liability
1(1) When by fault of 2 or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.
(2) Nothing in this section operates to render a person liable for damage or loss to which the person’s fault has not contributed.
Determination of degree of fault
2(1) When damage or loss has been caused by the fault of 2 or more persons, the court shall determine the degree in which each person was at fault.
(2) When 2 or more persons are found at fault, they are jointly and severally liable to the person suffering the damage or loss, but as between themselves, in the absence of a contract express or implied, they are liable to make contribution to and indemnify each other in the degree in which they are respectively found to have been at fault.
Questions of fact
3 In every action
(a) the amount of damage or loss,
(b) the fault, if any, and
(c) the degrees of fault
are questions of fact.
Remember – if you or someone you love was injured as a passenger call Edmonton injury lawyer Robert MacKay and get legal advice you can count on.