Cell Phones
Barrie car accidents involving cell phones are serious and can result in extensive injuries for those involved. Restrictions on cell phone use under the Ontario Highway Traffic Act apply in Barrie. Hands-free cell phone use is permitted, but holding onto a cellphone while driving is against the law even while stopped in traffic and can lead to significant fines and license suspension.
Consult with an experienced Barrie car accident lawyer who can help you through the legal process of a car accident involving cell phones.
Prohibited Behavior and Novice Drivers
In Barrie and across Ontario, all phone related behavior including calling, texting, and emailing, is prohibited if the phone is held while driving, but the hands-free use of a cell phone is permitted.
While all Ontarians are subject to a prohibition on handheld cell phone use, there is especially low tolerance in the law where novice drivers are concerned. A novice driver will have their license suspended for a first offense and penalties escalate from there for repeat offenses.
In Ontario, which includes Barrie, there is no expansion of cell phone privileges with driving experience. For novice and experienced drivers alike in a Barrie car accident involving cell phones, hands-free phone use is permitted and all phone functions while holding a phone are prohibited.
Impact of an Injury Claim by Use of a Cellphone
Cell phone use by the plaintiff may or may not impact an injury claim depending on the circumstances. If a plaintiff was distracted by a cell phone, the question is to what extent did that make a difference, if at all, in terms of their ability to avoid the accident.
If, for example, a plaintiff is stopped at a red light while using a cell phone and is rear ended without warning, the evidence of their cell phone use is unlikely to have much of an effect on their claim. However, if the plaintiff is using a cell phone at the time of a head on collision, which they may have otherwise been able to avoid, the fact of their cell phone use has the potential to be harmful to their claim.
Use of Cellphone by Defendant Impacting Injury Claim of the Plaintiff
Cellphone use by the defendant can have a serious impact on a car accident claim, especially in a confusing situation where there is a dispute as to which driver was at fault for an accident.
If, for example, an accident occurs at an intersection with stoplights and there is a dispute as to which driver had a green light, the plaintiff’s version will appear more credible and their chance of success in the claim will thus increase if it can be proven that the defendant was on their cell phone. A Barrie car accident involving cell phones can depend on the circumstances of the incident when referring to the process of the injury claims.
Contacting a Barrie Car Accident Lawyer
It often happens that fault for an accident is disputed and distracted driving relating to cell phone use is suspected but often denied by the defendant. In such cases, a diligent lawyer for the plaintiff will try to test the defendant’s denial by seeking disclosure of a record of cell phone activity around the time of the accident from the defendant’s carrier.
Get in touch with an experienced lawyer for assistance following your Barrie car accident involving cell phones.
