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A Windsor woman remains in hospital with life-threatening injuries following an early morning incident that caused her to become trapped under the tire of a vehicle allegedly driven by an impaired motorist.
Victim Pinned Beneath Tire of SUV
Windsor Police Service officers responded to an incident in a parking lot on Lillian Avenue shortly after 4 a.m. Sunday morning after receiving reports of an injured person. When emergency responders arrived, they discovered the woman pinned under the tire of a white Chevrolet Equinox.
Emergency crews called to the scene worked to free the victim from beneath the vehicle. EMTs provided urgent medical care at the scene before transporting the woman to hospital with life-threatening injuries, where she remains in critical condition.
Charges Laid Against the Driver of the Vehicle
During their investigation, police say they noted a strong smell of alcohol from the driver, along with other visible indicators of impairment. The motorist was arrested and brought to police headquarters, where he subsequently failed a breathalyser test.
Authorities have charged the 28-year-old driver with impaired operation causing bodily harm and impaired operation with a blood alcohol concentration exceeding the legal limit causing bodily harm. A second individual at the scene was also arrested on an unrelated outstanding warrant.
You can read the full article here.
Impaired Driving Causing Bodily Harm Charges in Ontario: What This Means
When impaired driving results in serious injuries, the consequences extend far beyond standard impaired driving offences. Under the Criminal Code of Canada, impaired operation causing bodily harm is a serious criminal offence that recognises the devastating impact impaired drivers can have on innocent victims.
These charges apply when a driver operates a vehicle while impaired by alcohol or drugs and causes bodily harm to another person. The penalties reflect the severity of the harm caused and can include substantial fines, lengthy driving prohibitions, and significant prison sentences.
For victims left with catastrophic injuries due to another driver’s reckless decision to drive impaired, the physical, emotional, and financial toll can be overwhelming. Medical expenses, rehabilitation costs, lost wages, and ongoing care needs can mount quickly, placing enormous strain on families already coping with trauma.
Who May Be Held Liable After an Impaired Driving Collision?
When impaired driving causes serious injury, multiple parties may potentially bear legal responsibility:
- The Impaired Driver: The person who chose to operate a vehicle while impaired holds primary responsibility for any resulting harm. Victims may pursue civil compensation through a personal injury claim in addition to any criminal proceedings.
- Vehicle Owner: If the impaired driver was operating someone else’s vehicle, the owner could potentially be held liable if they knew or ought to have known the driver was impaired and permitted them to drive.
- Alcohol Vendor: In some circumstances, establishments that over-serve visibly intoxicated patrons who then cause harm may face liability under Ontario’s liquor licence regulations and common law principles.
- Employer: When an employee causes an impaired driving collision during the course of employment or while using a company vehicle, the employer may be held vicariously liable.
Frequently Asked Questions About Impaired Driving Injury Claims
What compensation might be available after being injured by an impaired driver?
Victims may be eligible to seek compensation for medical expenses, rehabilitation costs, lost income and future earning capacity, pain and suffering, and ongoing care needs. In some cases involving especially reckless incidents of impaired driving, courts may also award aggravated or punitive damages. Unlike other damages, this compensation is not included to make the victim “whole” but to further punish the at-fault driver and deter similar action in future.
How does a criminal case affect a personal injury claim?
Criminal charges and civil injury claims are not connected; they are separate proceedings. A criminal conviction helps to strengthen a civil case by establishing fault. Victims can pursue compensation regardless of the outcome of criminal proceedings. Working with an experienced injury lawyer ensures your rights are protected in both processes.
What should I do if a loved one is seriously injured by an impaired driver?
Seek immediate medical attention and ensure your loved one’s injuries are properly documented. Obtain a copy of the police report as soon as possible. Avoid discussing the incident on social media. Contact a knowledgeable personal injury lawyer who can protect your family’s legal rights from day one.
How long do I have to file a claim?
Ontario law has deadlines for personal injury claims. These strict deadlines allow victims two years from the date the injury occurs. It is important to remember that missing this deadline bars you from seeking any compensation and putting off contacting a lawyer until the last minute can also have a damaging impact on your claim. It is essential to consult with a lawyer promptly.
Contact Our Experienced Windsor Personal Injury Law Firm Today
If you or a loved one has suffered serious injuries caused by an impaired driver in Windsor or anywhere in Ontario, you deserve compassionate legal representation from a firm that understands the devastating impact of these preventable tragedies.
At Greg Monforton & Partners, our experienced Windsor car accident lawyers have helped countless victims of impaired driving collisions secure the compensation they need to rebuild their lives. We understand the complex medical, financial, and emotional challenges you are facing, and we are deeply committed to holding negligent drivers accountable.
Worried about the cost of hiring a lawyer? Don’t be. We take injury cases on contingency which means there are no upfront fees or costs. We only get paid if you do.
Call Greg Monforton & Partners for help with your car accident case today. (866) 320-4770.
Your case evaluation is completely free.
