Drunk Driving Accidents in Alberta: Civil vs. Criminal Cases
Drunk driving is a devastating cause of collisions in Alberta, leading to catastrophic injuries and lifelong disabilities despite tough penalties. Victims have the right to pursue **civil claims** for compensation in addition to criminal charges.
The distinction between civil and criminal drunk driving cases is often confusing. Criminal proceedings aim to punish the offender, while civil cases focus on compensating the victim. Insurers might complicate matters by disputing liability or minimizing damages.
As Alberta personal injury lawyers who have defended insurers, we understand drunk driving claims and how to ensure victims receive justice.
This guide explains:
What Counts as Personal Injury After a Drunk Driving Accident?
"Personal injury" means harm caused by another person's negligence—in this case, impaired driving. These injuries are often severe because drunk drivers frequently speed, miss signals, or fail to brake.
Common Drunk Driving Accident Injuries in Alberta:
Civil vs. Criminal Drunk Driving Cases
Understanding the difference between criminal and civil proceedings is crucial for victims seeking justice and compensation.
Criminal Case
Handled by the Crown prosecutor. Primarily focuses on punishing the impaired driver. Punishments can include fines, license suspensions, or jail time. Victims are considered witnesses, not parties to the case, and therefore do not receive compensation directly through the criminal proceedings. Criminal convictions can be beneficial in proving liability in subsequent civil claims.
Civil Case
Brought by the victim against the impaired driver (and their insurer). Concentrates on compensating the victim. This compensation covers various damages such as medical bills, lost wages, rehabilitation costs, pain and suffering, and future care needs. Typically handled by personal injury lawyers, often on a contingency basis (meaning no fee unless the client wins). Civil cases can proceed independently, even if the driver is not convicted criminally.
Key point: Criminal law punishes the driver, but civil law compensates the victim.
Steps to Take Immediately After a Drunk Driving Accident in Alberta
Your actions immediately after a drunk driving accident can protect your health and strengthen your claim.
Call 911
Call emergency services immediately for police investigation of impairment and urgent medical care from paramedics.
Get Medical Attention
Seek medical treatment right away, even for minor injuries, as early records provide crucial evidence.
Document the Scene
Take photos of vehicles, skid marks, road signs, and injuries to prove how the accident happened and the extent of damage.
Collect Witness Information
Ask bystanders for names and contact details. Witnesses can confirm signs of impairment like erratic driving or the smell of alcohol.
Obtain the Police Report
Get a copy of the report, which may include breathalyzer results, field sobriety tests, or other impairment evidence.
Notify Your Insurer Promptly
Report the accident to the insurance company as soon as possible, providing only basic facts, and avoiding recorded statements until consulting a lawyer.
Keep a Recovery Journal
Record symptoms, medical appointments, time missed from work, and emotional struggles to demonstrate the crash's ongoing impact.
Contact an Alberta Personal Injury Lawyer Early
A lawyer will preserve key evidence, including criminal conviction records, protect against insurer tactics, and ensure civil and criminal processes work in your favor.
How a Lawyer Helps With Drunk Driving Accident Claims
An experienced personal injury lawyer can navigate the complexities of drunk driving claims and ensure you receive fair compensation.
Navigating Civil vs. Criminal Proceedings
Ensuring victims don't confuse the two processes.
Securing Evidence
Using criminal conviction records, police reports, and medical experts.
Negotiating Settlements
Covering immediate treatment, lost income, long-term rehabilitation, and pain and suffering.
Preventing Victim-Blaming
Countering contributory negligence arguments.
Trial Preparation
Readying the case for court, which often pressures insurers to pay fairly.
Frequently Asked Questions
Conclusion
Drunk driving accidents cause devastating harm—and victims need to understand the difference between criminal and civil cases. Criminal proceedings punish the driver, while civil claims ensure victims receive the compensation they need for recovery.
Criminal law punishes the driver, but civil law compensates the victim.
You can file a civil claim even if the driver isn't convicted criminally.
Don't wait for criminal proceedings to conclude before starting your civil claim.
A lawyer can navigate both processes and maximize your compensation.
Injured by a drunk driver? Contact us today for a free consultation.
Contact us today for a free consultation. No fee unless we win.