Ontario’s Distracted Driving Laws: How They Impact Car Accident Cases

Distracted driving has become one of the leading causes of car accidents in Ontario, often resulting in serious injuries and fatalities. Ontario's laws aim to curb this dangerous behavior, but many people may not fully understand how these laws can affect liability in car accident cases. This blog explores how distracted driving laws influence legal outcomes, the penalties for violating these laws, and the impact on personal injury claims or insurance settlements.

What Are Ontario’s Distracted Driving Laws?

Ontario has some of the strictest distracted driving laws in Canada, which primarily focus on prohibiting the use of handheld devices while driving. Under these laws, drivers are not allowed to use handheld communication devices, such as smartphones, to text, call, or email. The regulations also require that GPS systems be mounted securely on the dashboard and prohibit drivers from engaging with entertainment devices, like tablets or video screens, while the vehicle is in motion or stopped in traffic. Although the laws do not impose specific penalties for other distractions, such as eating or grooming while driving, these behaviors can still be considered negligent in the context of an accident.

Penalties for Distracted Driving in Ontario

The penalties for distracted driving in Ontario are severe and escalate with repeated offences. They include:

• First Offence: A fine of up to $1,000 and three demerit points.
• Second Offence: A fine of up to $2,000, six demerit points, and a possible seven-day license suspension.
• Third and Subsequent Offences: A fine of up to $3,000, six demerit points, and a 30-day license suspension.

These penalties are intended to deter distracted driving, but they also play a significant role in how liability is determined in car accident cases.

How Distracted Driving Affects Car Accident Liability

When a car accident occurs, establishing liability is a critical aspect of any legal claim. If one of the drivers involved was distracted at the time of the accident, this fact can significantly affect the case in several ways:

1. Increased Liability for Distracted Drivers
   If it is proven that a driver was distracted when the accident occurred, they are likely to be held primarily liable. Distracted driving is considered negligence because it violates the legal duty to drive safely. Therefore, if you were involved in an accident with a distracted driver, this could strengthen your personal injury claim.
2. Impact on Insurance Claims
   Insurance companies consider distracted driving a serious risk factor. If the at-fault driver was distracted, the insurer might be more inclined to settle the claim quickly to avoid a lengthy legal battle. However, if you, as the claimant, were found to be partially distracted, this could reduce the compensation you receive through a concept known as contributory negligence.
3. Evidence in Distracted Driving Cases
   Proving that the other driver was distracted can be challenging but not impossible. Evidence such as mobile phone records, dashcam footage, and eyewitness accounts can be crucial in demonstrating that distracted driving contributed to the accident.

The Role of Distracted Driving in Personal Injury Claims

In personal injury cases that arise from car accidents, the plaintiff must show that the other party’s negligence directly caused their injuries. Distracted driving laws can simplify the process of establishing negligence because the behavior itself is illegal. If the at-fault driver has been convicted of distracted driving, this can serve as a key piece of evidence, strengthening the case for higher compensation for pain and suffering, medical expenses, and lost wages. In severe incidents, where distracted driving leads to catastrophic injuries or even fatalities, courts may consider awarding punitive damages to serve as a deterrent for future conduct.

Distracted Driving and Insurance Settlements

Distracted driving not only affects legal liability but also influences how insurance companies approach settlements. Ontario operates under a “no-fault” insurance system, meaning each driver’s insurance covers their own damages regardless of fault. However, fault determination still plays a crucial role in the amount of compensation a driver can claim. If you are deemed to be less than 50% at fault for an accident, you may still seek damages from the other driver’s insurance. Additionally, being convicted of distracted driving is likely to lead to higher insurance premiums, reflecting the increased risk associated with such a conviction.

What Should You Do If You’re in a Distracted Driving Accident?

If you’re involved in a car accident where distracted driving may have played a role, it’s important to:

1. Call the Authorities: Report the accident to the police, especially if there are injuries. The police report can serve as an essential piece of evidence.
2. Document the Scene: Take photos of the accident scene, gather witness statements, and collect information from the other driver.
3. Seek Medical Attention: Even if you feel fine, get a medical evaluation to identify any injuries that may not be immediately apparent.
4. Contact a Lawyer: Speaking with a lawyer who is well-versed in Ontario car accident law can help you understand your rights and build a strong case.

How Can Aaron Waxman and Associates, P.C. Help?

Aaron Waxman and Associates, P.C. provides extensive legal services for individuals involved in car accident cases across Ontario. The firm is well-versed in navigating the legal process, offering support from filing claims to negotiating settlements. They assist clients by gathering evidence, such as phone records or witness testimony, to bolster the strength of their cases. With their experience in personal injury law, they are adept at negotiating fair compensation for injuries, lost wages, and other damages. If an insurance company is reluctant to provide a settlement, Aaron Waxman and Associates, P.C. can advocate on your behalf to ensure you receive the compensation you deserve.

Conclusion

Ontario's distracted driving laws are designed to keep roads safer, but they also play a crucial role in car accident cases. Understanding how these laws impact liability and insurance settlements can help you make informed decisions if you're involved in a car accident. If you or a loved one has been injured in a distracted driving accident, reach out to Aaron Waxman and Associates, P.C. at 416-661-4878 or awaxman@awaxmanlaw.ca for legal guidance.