Being involved in a car accident is always a stressful experience—but it becomes even more overwhelming when you discover the other driver was distracted or impaired by alcohol or drugs. These types of collisions are not only preventable, but they often result in serious injuries and long-term consequences for innocent victims. In Canada, the legal and insurance processes that follow such an incident can be complex, especially when you’re trying to recover physically and emotionally at the same time.
Knowing what to do after being hit by a distracted or drunk driver can help you protect your health, your finances, and your legal rights. In many cases, speaking with a personal injury lawyer early on can make a huge difference in how your case is handled and the compensation you may receive. This guide walks you through each step to take after the crash—so you can focus on healing and getting the support you deserve.
Table of Contents
1. Check for Injuries and Call 911 Immediately
Your first priority should always be health and safety. If you or anyone in your vehicle is injured, call 911 right away to request an ambulance and police. If the accident happened on a highway or in a rural area, you may be dealing with the RCMP (Royal Canadian Mounted Police) rather than municipal police.
Even if the crash seems minor, always report the accident to the police if:
- Someone is injured
- One or more vehicles are not drivable
- You suspect the other driver is impaired or distracted
In many provinces, it’s also legally required to report collisions with damage above a certain dollar amount (e.g., $2,000 in Ontario).
2. Do Not Leave the Scene
Under Canadian law, leaving the scene of an accident—especially when injuries or impairment are involved—can result in serious criminal charges. Stay at the scene until the police arrive and give you the go-ahead to leave.
If the other driver attempts to leave, try to get their license plate number and vehicle description. Never attempt to physically stop an impaired driver from leaving—it’s not safe. Let law enforcement handle it.
3. Gather Evidence, If It’s Safe to Do So
If you’re physically able and the scene is safe, try to collect as much evidence as possible. This could include:
- Photos of the vehicles, damage, road conditions, and nearby signs or lights
- Pictures of any visible injuries
- A voice memo or notes about what you remember (e.g., the driver smelled like alcohol or was texting before the crash)
- Witness names and contact information
In Canada, distracted driving includes texting, talking on the phone (even hands-free in some provinces under certain circumstances), adjusting GPS, or even eating behind the wheel. Document anything suspicious you noticed.
4. Exchange Information—But Be Careful What You Say
You are legally required to exchange information with the other driver. This includes:
- Full name and contact info
- Driver’s licence number
- Insurance information
- Vehicle registration
However, avoid discussing fault or blaming anyone at the scene. Statements like “I didn’t see you” or “I’m sorry” can be used against you later by insurers or in court. Keep it factual and brief.
5. Cooperate with Police and Ask for a Copy of the Report
When police arrive, give them a clear and honest account of what happened. Let them know if you suspect the driver was impaired or distracted. Officers may conduct a roadside sobriety test, ask to see the driver’s phone records, or even lay criminal charges.
Be sure to ask for the police report number and the names of any officers involved—you’ll need this for insurance and legal purposes.
6. Seek Medical Attention As Soon As Possible
Even if you don’t feel injured right away, it’s still a good idea to see a doctor. Many common injuries from car accidents (like whiplash or concussions) don’t show symptoms immediately.
In Canada, your provincial or territorial health care plan usually covers emergency treatment, but keep a record of all appointments, prescriptions, and follow-up care. If you plan to file an injury claim, this documentation is essential.
7. Notify Your Auto Insurance Provider
In Canada, auto insurance is regulated at the provincial level, so procedures can vary. Regardless of where you live, you should report the collision to your insurance provider as soon as possible—even if the accident wasn’t your fault.
In provinces with no-fault insurance systems (like Ontario, Quebec, and Manitoba), your own insurer typically handles your claim. In others (like Alberta and British Columbia), fault may still affect how compensation is pursued.
Make sure to provide the police report number and any evidence you’ve collected. If the other driver is charged with impaired or distracted driving, it will strengthen your case.
8. Speak to a Personal Injury Lawyer
If you were seriously injured or the insurance company is being uncooperative, it’s wise to speak to a personal injury lawyer in your province. A lawyer can help you:
- Understand your rights under local laws
- File a lawsuit if necessary
- Seek compensation for pain and suffering, lost income, and future care costs
Many Canadian personal injury lawyers offer free consultations and only get paid if you win your case (contingency basis).
9. Track Your Recovery and Keep Detailed Records
It’s important to monitor how your injuries develop over time. Keep a journal of symptoms, medical visits, and how the injuries impact your daily life and ability to work.
Also save:
- All medical receipts
- Insurance communication
- Repair and rental car bills
- Any additional expenses related to the accident
These records will support your claim and make sure you receive fair compensation.
Final Thoughts
Being hit by a distracted or drunk driver in Canada is frustrating, frightening, and often life-changing. But by taking the right steps—from reporting the crash and seeking medical attention to consulting with legal professionals—you can protect your rights and begin your recovery with confidence.
You didn’t choose to be in this position, but you can choose how you respond. Knowledge is power, and support is out there when you need it most.
