An idea whose time has come
By Lynne Bell
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ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ The province of Saskatchewan is introducing a new law that will give families of persons killed by an impaired driver the chance to sue.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ Twenty amendments to the province's Automobile Insurance Act are expected to be passed during the fall session of the Legislature and will take effect on January 1, 2017. And one of the biggest changes is that if a drunk driver is responsible for an automobile accident that results in their own death, the victim's family can now sue the impaired driver's estate for pain and suffering or bereavement damages.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ MLA Don McMorris-the minister responsible for SGI-had previously announced that these changes were coming, and they were proposed after consulations with stakeholders, representatives from the medical, legal and insurance professions, SGI employees, as well as members of the public.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ Now Canadians are not a litigious bunch, and certainly, no amount of money can even begin to compensate grieving family members for the loss of a loved one-especially under such unnecessary and unjust circumstances. However, money is a method of measurement in our society. And allowing family members to file a lawsuit if they lose a loved one because of the actions of an impaired driver-even if the driver is also killed as a result of the same accident- demonstrate that this crime-and the family of the victim's irreplaceable loss-is taken much more seriously by lawmakers than in the past.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ There is certainly no need for me to recount any of the the still-numerous stories of the irreparable damage impaired drivers wreak upon society-and themselves. Sadly, these tragedies are still seemingly, everywhere.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ However, one story sticks in my mind, years later. A friend of mine was called for jury duty in Calgary. The charge was impaired driving causing death and the defendant was a husband, a father, and-it later emerged- a nice guy who had simply had a few too many drinks. He didn't have a drinking problem, but one evening his world-and the world of the person he unintentionally killed-changed forever.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ My friend said he seemed βhauntedβ and his remorse and sorrow was evident to everyone in the courtroom. If he could have turned back time, he would have done so. If he could have changed places with his victim, he would have done that, too. But of course, he couldn't do either.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ Although attitudes and awareness regarding the seriousness of drunk driving have changed for the better, the crime still persists to an alarming degree. And it's hard to say whether this new law will deter the most determined of impaired drivers.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ But it is an added deterrent and it pays tangible, measureable respect to the families who suffer the tragedy of losing a loved one to a drunk driver.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ It is an idea whose time has come.
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Sitting on the fence
By Kelly Running
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ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ This week Lynne brought to my attention some amendments to the provinceβs Automobile Insurance Act, which are expected to be passed in Legislature this fall and come into effect January of 2017.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ Reading through the information she drew my attention to one particular topic, which has become our point of discussion: if a drunk driver is responsible for an accident, one that injures or kills another, and results in the drunk driverβs death then the family of the victim can sue the impaired driverβs estate for pain and suffering or for bereavement damages.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ This topic for me was difficult to really come down on any one side. Thinking about it I can see why itβs an idea thatβs being introduced, yet I can see it from the other side as well.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ Itβs being introduced for the victimβs family to receive compensation for pain, suffering, and bereavement, which is something I donβt know if I truly comprehend. How can someone put a price tag on that, how does a judge decide how much someone has to pay in that instance? I can see covering medical or funeral costs, but how do you put a price tag on pain and suffering? Itβs just something that baffles me, that money is going to alleviate the pain of losing someone you love.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ However, this is where I look to the other side as well. In this instance the law is changing so that the victimβs family can sue the impaired driverβs estate in the event of the impaired driver losing their life as well. That person made a stupid decision and is at fault for the accident, yes. But, if they have kids and a spouse theyβre leaving behind, now theyβre in a sense being punished for the impaired driverβs choices.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ Not only will the family of the impaired driver be reeling from the loss of a loved one as well. That impaired driver may have been the one supporting the family before passing. Now the family doesnβt have that income and are limited in the estate as someone else is suing the impaired driverβs estate.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ The law, however, does look more like punishment of the impaired driverβs family to me than a drinking and driving deterrent. As crude as this sounds, the impaired driver is dead and it doesnβt affect them one bit, who it does have an effect on is the family theyβve left behind.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ Canadians are not really the suing type I guess, but these changes make me wonder. Like I said, I can understand why you would allow a family to sue an estate, but at the same time it doesnβt quite sit right with me for the family of the impaired driver that passed away.
ΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύΜύ I canβt honestly give an opinion in favour of one side of the new law or the otherβ¦ and itβs times like these Iβm thankful Iβm not a politician having to make those difficult decisions because I would be an undecided voter in the matter.
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