Written By: Patrick Brown, Principal Partner, and Emma Funston-Clarke, Student-at-Law
6 Minute Read
Impaired driving remains one of the most significant threats to road safety across Canada. As lawyers who have successfully sued impaired drivers, we know first-hand the horrific consequences impaired driving causes to victims, families, and communities. What is alarming is a recent national study found that over half of all drivers involved in serious motor vehicle collisions tested positive for substances like alcohol, cannabis, and prescription medications, making impaired driving a persistent and dangerous issue. In this blog, we’ll break down the key findings of the study, discuss why these findings matter in fault-based litigation involving impaired drivers, and explain the legal implications for those injured by impaired driving.
The Alarming Facts About Impaired Driving in Canada
The study examined the prevalence of impairing substance use among drivers involved in serious collisions in Canada, including alcohol, cannabis (THC), opioids, stimulants, and depressants. Conducted from January 2019 to June 2023, blood samples were taken from 8,328 drivers treated at 15 trauma centers across the country. Here are the key findings:
- 9% of injured drivers tested positive for at least one impairing substance.
- 3% tested positive for THC (cannabis).
- 1% tested positive for alcohol.
- 7% tested positive for stimulants.
- 9% tested positive for opioids.
- 4% tested positive for depressants.
Key patterns observed included:
- Age-related differences: THC was most common among drivers aged 19-24 years, alcohol in drivers aged 19-34 years, stimulants in those aged 35-44 years, and opioids in drivers aged 55-64 years. Depressants were more common in older drivers (65-74 years).
- Gender differences: Males had higher rates of alcohol, THC, and stimulant use, while females were more likely to use depressants.
- Geographic variation: Substance use was most prevalent in the Atlantic provinces (69.6%) and least common in British Columbia (48.5%).
- Rural vs. urban: Rural drivers had higher rates of substance use, particularly alcohol, opioids, and depressants.
What is especially concerning from a legal perspective is that 21.6% of drivers tested positive for two or more impairing substances, a factor that significantly increases the risk of causing serious or fatal collisions and often plays a critical role in establishing fault and liability in impaired driving lawsuits.
The study concluded that impaired driving remains a significant road safety issue in Canada, and that continued monitoring is required to inform targeted interventions and assess the effectiveness of prevention measures. These findings also reinforce what is frequently seen in civil litigation – that impairment is a persistent and dangerous contributor to serious motor vehicle collisions.
Age, Gender, and Region: Who’s Most at Risk?
- Young drivers (19-24 years) are most likely to test positive for THC (cannabis), which remains a significant risk despite lower detection for alcohol in this age group.
- Males are more likely to use alcohol, THC, and stimulants.
- Older drivers (55+ years) are more likely to test positive for prescription depressants and opioids, which can severely impair driving ability.
These trends are important not only for public safety, but also in understanding how impaired driving cases arise and how liability is assessed in civil court.
The Legal Consequences of Impaired Driving
Alcohol and cannabis remain the most common impairing substances detected in drivers involved in serious crashes. The study highlights that even moderate levels of alcohol impairment increase crash risk by up to six times. When impairment is established, it often becomes a central issue in both criminal proceedings and civil lawsuits.
In civil claims, impaired driving can significantly strengthen findings of fault, undermine defence arguments, and increase exposure to damages awards.
Regional Differences: Where Impaired Driving is Most Prevalent
The study found significant differences in substance use by region. Drivers in Atlantic Canada had the highest prevalence of impaired driving (69.6%), while those in British Columbia had the lowest (48.5%).
Regional differences can influence enforcement practices, driving culture, and the frequency of impaired driving incidents. From a litigation standpoint, these factors often inform how impaired driving cases are investigated and proven.
Regardless of region, impaired driving places everyone on the road at risk. When a collision is caused by an impaired driver, the consequences are often life-altering and legally actionable.
What Happens When You’re Injured by an Impaired Driver?
Impaired driving remains a significant road safety concern in Canada. As the study shows, more than half of drivers involved in serious collision tested positive for impairing substances. These are not unavoidable accidents; they are preventable events caused by dangerous decisions.
If you or a loved one has been injured by an impaired driver, you may be entitled to compensation for pain and suffering, income loss, future care costs, and other damages. Impairment frequently plays a key role in establishing liability and holding the at-fault driver accountable through the civil justice system.
Our legal team has experience litigating against impaired drivers and their insurers. If you or a loved one has been injured in an accident caused by impaired driving, contact us for a free consultation. We are here to ensure that those responsible are held accountable and that you receive the compensation you deserve.
