Although the majority of drivers follow traffic laws attentively, distracted driving is still a major problem in Ontario. A recent analysis conducted by the Ontario Ministry of Transportation determined that someone is injured by distracted driving every 30 minutes. The same study illustrates that the use of cell phones while driving increases the chance of an accident by a factor of four.
If you live or work in Oshawa and have been injured in an accident caused by a careless driver, a distracted driving accident lawyer can help you seek accountability and restitution.
Our car accident lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
Injuries Caused by Distracted Driving
Even the safest driver can be impacted by the behaviours of other motorists on the road. Accidents take only seconds to occur. That means something as simple as glancing at a text message may cause an otherwise preventable collision.
Car accidents caused by distracted driving can be fatal. They can also cause victims to sustain serious injuries, such as:
- Mobility impairments, including paralysis
- Traumatic brain injuries (TBI)
- Herniated discs
- Torn muscles
- Lacerations and burns
- Organ damage
- And possibly more
Accidents caused by a distracted driver can lead to both physical and emotional damage. Victims of crashes may experience symptoms of post-traumatic stress disorder (PTSD). They may also suffer debilitating physical injuries, which may negatively impact their long-term quality of life.
Oshawa Distracted Driving Accidents Lawyer Near Me (416) 364-2000
Distracted Driving Caused by Electronic Devices
The Ontario Highway Traffic Act §78.1(1) prohibits texting while driving. When motorists knowingly violate traffic laws, their behaviour endangers other drivers. If a driver causes an accident by disregarding traffic laws, their negligent conduct may entitle the accident’s victims to recover damages. Since motorists are responsible for operating their vehicles safely, distracted driving qualifies as negligence.
Even though the Ontario Highway Traffic Act states that electronic devices can lawfully be used while driving if operated using voice command settings, the operation of these devices may still result in distraction. Sudden changes in road conditions or traffic patterns may prevent a driver operating an electronic device from reacting quickly, which may cause an accident.
When car accidents are caused by distracted driving, law enforcement officers may issue a citation to the motorist at fault. Witnesses to the accident may be able to confirm if the other motorist was operating an electronic device before the accident.
Establishing Liability in a Distracted Driving Accident
Following a car accident caused by distracted driving, insurance companies determine fault by using the Ontario Fault Determination Rules. These rules outline more than 40 types of car accidents, using diagrams that can be applied to real-world accidents to determine responsibility.
If you’ve been involved in an accident, you have the right to submit evidence to your insurance company, including pictures from the accident scene, law enforcement accident reports, and medical bills. An Oshawa distracted driving accident lawyer can help you compile important evidence, and provide assistance if you choose to appeal the insurance company’s determination.
A distracted driving accident lawyer can help eligible clients illustrate that they sustained serious or permanent injuries as a result of the accident. Victims who have sustained injuries because of distracted driving may also be eligible to recover damages from the liable party for economic losses and pain and suffering following the collision.
Pain and suffering damages are awarded based on how your injuries impact your overall well-being and future quality of life. When the injuries you’ve sustained significantly impact your quality of life or result in future loss of income, a distracted driving accident lawyer serving Oshawa may be able to help you recover compensation.
Complete a Free Case Evaluation form now
Call Preszler Injury Lawyers Today
Injuries from a car accident caused by the negligence of a distracted driver can be devastating. Severe injuries may require hospitalization, rehabilitation, diminished quality of life, significant medical expenses, and loss of future income. An Oshawa distracted driving accident lawyer may be able to help you understand your legal rights and options following a car accident. To discuss the details of your case, call Preszler Injury Lawyers today at (888) 541-7603 for a free, initial consultation.