Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Ottawa Distracted Driving Lawyer

Find out if you have a case today.

Contact our Ottawa car accident lawyers for a free consultation if you have legal questions regarding your car accident claim.

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If you are driving a motor vehicle in Ottawa or any other part of Canada, you have a legal obligation to focus on driving safely and remaining aware of your surroundings.

If you fail to pay attention to the road, there is a much greater risk that you will end up in a serious accident. In an effort to decrease the risk of distracted driving accidents, there are severe penalties in Ontario for drivers who operate vehicles while distracted.

The following will review some of the important things Ontario motor vehicle drivers should know to avoid driving while distracted.

What Constitutes Distracted Driving?

Distracted driving occurs when someone who is operating a motor vehicle engages in activities that take the driver’s attention off of the road. A countless number of studies reveal that drivers who operate vehicles while distracted are much more likely to end up in accidents.

The province of Ontario has adapted its laws over time to reflect what it views as distracted driving activities. In accordance with current regulations, a person can be penalized for distracted driving even when his or her vehicle is stopped at a red light.

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How Ontario Laws Address Distracted Driving

There are laws in Ontario that specifically address distracted driving. The best way to avoid penalties associated with violating this law is to avoid the activities that Ontario classifies as distractions.

Some of the most common distractions that drivers face while on the road include using or even holding smartphones in any way while driving, reading anything – be it on paper or a screen, fiddling with a GPS device, or playing with the radio.

While driving a vehicle in a distracted manner can result in a serious accident, there are some activities that are recognized as exceptions under Ontario’s distracted driving laws. Some of the permitted activities include using a phone to contact emergency services, contacting people on a vehicle’s Bluetooth system, and using an ignition interlock device. Generally, if a person must hold a device in their hands while driving, it is considered a prohibited activity.

New Ontario Distracted Driving Laws In 2019

Effective January 1, 2019, there are new distracted driving laws in Ontario. The purpose of these new laws is to reduce the number of drivers who attempt to use smartphones while driving. The law now contains increased penalties for motor vehicle drivers who use smartphones and endanger others on the road.

How To Avoid Distracted Driving Accidents

The Government of Ontario, as well as other safe driving organizations, recommend some helpful strategies to avoid distracted driving. People drive while distracted because they think it is necessary to do so. Try the following to eliminate distracted driving behaviours behind the wheel:

  • Eliminate distracting devices before getting in your vehicle to avoid the urge to use them.
  • Ask a passenger to use a device so that you do not have to.
  • Eat before driving.
  • Give yourself plenty of time to get to your destination so you do not feel like you are in a hurry to get there.
  • Learn what your route is before getting into a vehicle.
  • Make sure that your vehicle is kept clean and free of debris, which could otherwise shift around the vehicle and distract you.
  • Never operate a vehicle while under the influence of alcohol or drugs
  • Turn off devices or place them somewhere out of reach before getting into a vehicle.

What Makes Distracted Driving Dangerous?

There are some startling statistics compiled by the Canadian Automobile Association and the Insurance Bureau of Canadaregarding the dangers presented by distracted driving. Some of these statistics include the following:

  • If a driver texts while traveling on the 400-series highway, for every five seconds that a driver looks at a smartphone, the vehicle travels the distance of a football field. This means that if a driver looks away for even a few seconds, he or she will not have adequate time to respond to a hazardous obstacle that appears in the road suddenly. Instead, it is critical that drivers focus on the road and the surrounding conditions whenever they operate a vehicle.
  • Distracted driving accidents are common. There are approximately 4 million car accidents in North America that occur as a result of distracted drivers each year. Given that distracted driving accidents occur so frequently, drivers must remain cautious of them and take steps to reduce the number of distractions in their vehicles.

Penalties For Distracted Drivers

Ontario recognizes several levels of penalties that a driver can face if they are convicted of any type of distracted driving behaviour. The classification into which a driver’s offence falls depends on his or her license level as well as the degree of dangerousness or recklessness involved in the distracted driving offence. Penalties include fines, points, and in some cases even jail time.

How Distracted Driving Impacts Ottawa Insurance

In addition to criminal penalties, drivers in Ottawa can also find their insurance prices increasing as a result of distracted driving charges. Distracted driving is viewed as a major driving offence as it suggests that a driver is engaging in dangerous behaviour and putting him or herself and others at risk.

This is reflected in statistics from Ontario, which reveal that smartphone users are four times more likely than other drivers to end up in an accident. Some experts even argue that distracted driving is the second most dangerous driving behaviour, behind only driving while under the influence of alcohol or drugs.

Speak With An Ontario Personal Injury Lawyer

Distracted driving is a growing danger in Ottawa and the rest of Ontario. If you or your loved one has been harmed as the result of distracted driving, it can be confusing to determine how to proceed. Fortunately, an experienced accident lawyer at Preszler Injury Lawyers can help you fight for the results you deserve. Contact our law office today to schedule a free initial consultation.

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Case Results

car accident Settlements

Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some car accident related wins we’ve had for our clients.

Settlement

Car Accident

$8.05M

We successfully obtained this settlement for a very deserving client involved in a car accident.

Settlement

Car Accident

$3.1M

In this case a family lost their father in a car accident. The settlement amount was made to the surviving spouse and children of the deceased.

Settlement

Car Accident

$2.57M

Client Injuries: Traumatic brain injury with soft tissue injuries.

Settlement

Car Accident

$2.2M

A pregnant woman was driving a car and was subsequently hit by another car. She eventually gave birth to a child with cerebral palsy as a result of this accident.

Settlement

Car Accident

$2.20M

Vehicle hit by transport truck which was changing lanes. Client Injuries: Psychiatric impairments.

Settlement

Car Accident

$2.05M

Client Injuries: Mild traumatic brain injury with ongoing cognitive impairments

Settlement

Car Accident

$1.65M

Client Injuries: Mild traumatic brain injury with ongoing cognitive impairments

Settlement

Car Accident

$1.625M

Vehicle struck by another vehicle making a U-turn. Client Injuries: Headaches, vision issues, chronic pain and psychological issues

View More Results

Download Our "Car Accident Lawsuits in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how car accident claims work.

Car Accident Lawsuits in Ontario

This guide to car accident lawsuits in Ontario will help you:

  • Understand your rights after a car accident in Ontario
  • Learn how and when to file a lawsuit against an at-fault driver
  • Explore the types of damages you can pursue, including pain and suffering, loss of income, medical expenses, and more
  • Identify the key steps in a car accident claim
  • Know what kind of evidence to collect to strengthen your claim
  • Understand how limitation periods and other legal deadlines will affect your claim
  • Discover how a personal injury lawyer can help you on your legal journey to compensation
  • And more
Download Our E-Book

Download Our "Statutory Accident Benefits Schedule" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how accident benefits claims work.

Statutory Accident Benefits Schedule

In this ebook, you’ll learn about:

  • How to apply for Accident Benefits
  • Eligibility requirements for Accident Benefits
  • Benefits and compensation available to workers and non-earners
  • Benefits and compensation for caregivers of injured individuals
  • Benefits available for medical and rehabilitation expenses
  • Benefits available for death and funeral expenses
  • The difference between minor injuries and catastrophic impairment injuries
  • How a motor vehicle accident lawyer can help you ensure you receive all of the compensation you’re entitled to through SABS
  • And more
Download Our E-Book
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car accident FAQs

Here are some commonly asked questions for car accident claims

Loss of income benefits are typically paid to injured victims of motor vehicle accidents once their claim has been approved by their auto insurance provider. To receive these benefits, you may be required to provide your insurer with documentation from your employer, physicians, and other medical experts stating that your injuries prevent you from working. You will not be granted loss of income benefits for any wages lost during the first 7 days after the injury-causing collision, however you may be eligible to claim lost income for missed working days after that time limitation has elapsed.

If your injuries meet the threshold of catastrophic impairment, you may be entitled to additional benefits such as increased medical and rehabilitation benefits, attendant care benefits, and housekeeping and home maintenance benefits.

Close family members of a person who has been injured or killed in a motor vehicle accident may be able to sue the at-fault driver for their own losses such as loss of care, guidance, and companionship.

The amount of income replacement benefits you can receive will depend on your pre-accident income, but typically these benefits can cover up to 70% of your gross income before the accident, up to a maximum of $400 per week. If you pursue a civil claim against the at-fault driver whose negligence caused your collision, you may be able to recover 100% of your gross income loss and earning capacity after the trial.

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If you have more questions or need legal help regarding car accident claims, contact our legal team for help.

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