Distracted and Impaired Driving Accident Lawyer in Ontario

Quick answer: If you were injured by a driver who was texting, otherwise distracted, or impaired by alcohol or drugs, you may have a civil claim for compensation. That claim is separate from any criminal or traffic charge the driver faces, and it follows the same Ontario framework as other motor vehicle accidents.

Being hurt by someone who chose to text, drive tired, or get behind the wheel impaired is especially hard to accept. From a compensation standpoint, these claims run on the same Ontario framework as any car accident, accident benefits regardless of fault, plus a tort claim against the at-fault driver (our car accident page sets out that framework in detail). What is distinctive is the evidence, and the relationship between the civil claim and any criminal or traffic case.

The civil claim is separate from the criminal case

In short: A criminal or traffic charge (for impaired driving or distracted driving) is brought by the state to penalize the driver. Your civil claim is separate, and its purpose is to compensate you. The two can proceed independently.

A driver may face charges under the Criminal Code for impaired driving, or under Ontario's Highway Traffic Act for distracted driving, at the same time as your civil claim proceeds. A conviction is not required for your civil claim to succeed, and because the civil standard of proof is lower than the criminal one, your claim can succeed even where a charge does not lead to a conviction. Evidence from the criminal process can sometimes support the civil claim.

Fault is often clearer, but evidence still matters

Distraction and impairment tend to point strongly toward the other driver's fault, which can help your claim. Even so, the evidence needs to be gathered and preserved: police records, any charges, witness accounts, phone or vehicle data in a distraction case, and testing results in an impairment case. Ontario's contributory negligence rules still apply, so an insurer may try to assign you a share of blame, which careful evidence helps counter.

Serious injuries are common

How AK Lawyers handles these claims

AK Lawyers (Antonov Kaganovich LLP) represents injured people, never insurers. With distracted and impaired driving claims, our focus is on: [CONFIRM process points with AK; remove any the firm does not do]

• Gathering the evidence of fault, including police and charge records and, where relevant, phone, vehicle, or testing data.
• Coordinating with any criminal or traffic case, so evidence from that process supports your civil claim where it can.
• We manage both tracks (your accident-benefits claim and any tort claim) so deadlines are met and nothing falls through the cracks.
• You are not just a file. You'll have a clear point of contact and plain-language updates.
• Contingency fees. You don't pay legal fees unless your claim succeeds. The fee is a percentage set out in a written contingency-fee agreement at the start, which also explains how disbursements are handled.

Serving Toronto & the Greater Toronto Area

Based in Toronto, AK Lawyers helps people injured by distracted and impaired drivers across Toronto and the GTA, including Mississauga, Brampton, Vaughan, North York, and Scarborough. These claims are generally handled through the Ontario Superior Court of Justice.

Frequently asked questions

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