The Reality of Distracted Driving
In December 2019, CBC News reported an incident where a man in Toronto was ticketed for watching a YouTube video while driving. By May 2021, Toronto police had issued more than twice the number of distracted driving tickets compared to the same period in 2020 (CTV News Toronto, May 19). Distracted driving is a significant issue in Ontario, with statistics indicating that a driver is 23 times more likely to be involved in an accident while texting (Canadadrives.ca). The risk of crashing escalates at high speeds and in heavy traffic, where a momentary lapse in attention can result in a serious accident. Driver inattention is a major factor in most accidents, and the behavior of inattentive drivers puts many other road users at risk.
What Constitutes Distracted Driving?
Distracted driving encompasses any activity that diverts a driver’s attention from the road. According to Ontario’s Highway Traffic Act, distracted driving includes the improper use of handheld communication or entertainment devices, such as cell phones, tablets, laptops, music players, handheld GPS devices, and portable gaming systems. Additionally, drivers can be ticketed for using such devices even when their vehicle is stopped at a traffic light or stop sign, unless they are calling emergency services.
Penalties for Distracted Driving
For a first offense, a driver caught using a handheld device while driving faces a fine of up to $1,000, a three-day license suspension, and three demerit points. Repeat offenders face even harsher penalties, including six demerit points, higher fines, and longer license suspensions. Additionally, the driver or vehicle owner may incur significant costs for towing and retrieving their vehicle from the police impound lot.
Other Forms of Distracted Driving
While using handheld devices is explicitly illegal, other actions can also be considered distracted driving if they cause inattention and result in an accident. These actions include eating and drinking, lighting a cigarette, talking to backseat passengers, reading a map or book, changing the radio station, or being distracted by a pet.
Case Study: Distracted Driving and Legal Consequences
In a notable case, a motorcycle collision with a deer resulted in serious injuries to the passenger. The injured passenger sued the driver, who claimed the accident was inevitable. However, an Ontario judge ruled against this defense, finding the driver negligent. The driver had been distracted just before the collision, looking away from the road to talk to the passenger, check his gauges, or see more clearly through the windshield. The judge noted that the driver’s lack of proper safety gear, speeding in heavy rain, and unfamiliarity with the highway contributed to the accident (Jones v. Jones, 2021).
Determining Liability in Distracted Driving Accidents
Legal Framework for Negligence
In Ontario, determining negligence in driving-related accidents often relies on the ‘but for’ causation principle. This principle asks whether the plaintiff’s injuries would have occurred ‘but for’ the defendant’s actions. For example, in the case Smith v. Safranyos (2018), a crash occurred when a driver failed to yield the right of way, resulting in a collision. Despite the other driver having consumed alcohol and speeding, the judge concluded that the primary cause of the accident was the female driver’s failure to stop and yield.
Exacerbation of Injuries
In another case, Uppal v. Judge (2016), the judge held defendants liable for exacerbating a plaintiff’s pre-existing injuries across multiple accidents. The plaintiff, already suffering from previous injuries and mental health issues, was involved in four more accidents. The court found it impossible to separate the injuries caused by each individual accident, holding all defendants equally liable.
Seeking Compensation for Distracted Driving Accidents
If you or a loved one has been seriously injured in an accident involving a distracted driver, you may be entitled to compensation for your financial losses. Consulting with an experienced car accident lawyer at Car Injury Lawyer Near Me can help you understand your rights and navigate the legal process to secure fair compensation. Our team has extensive experience in handling such cases and can effectively counter any defenses put forward by negligent drivers, ensuring you receive the compensation you deserve.
