Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Guelph Distracted Driving Lawyer

Find out if you have a case today.

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

Table of Contents

How often have you sat at a stoplight after it turned green because the person ahead of you was looking at his or her cell phone instead of the light? Drivers who are distracted by their cell phones and other electronic devices are not just more likely to miss a traffic signal as it changes, but they are also more likely to cause catastrophic accidents, as well. If you have been in a motor vehicle accident caused by the negligence of a distracted driver, you may be able to collect compensation for the damages and injuries that they caused.

What Is Distracted Driving?

Distracted driving is driving while anything is diverting the driver’s attention. That may include eating, talking, drinking, taking care of children, daydreaming, or something else. Statistics show that distracted driving caused by the use of handheld cell phones triples a person’s risk of causing a car accident.

If you or one of your loved ones has been in a motor vehicle accident caused by someone who was driving while distracted, you need to seek legal counsel immediately. Talk to an experienced lawyer before you talk to an insurance adjuster or sign any documents relating to the accident. While an insurance adjuster may claim to be on your side, his or her job is to look out for the best interests of the insurance company, and the company’s interest is to make money, not protect your rights.

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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their car accident claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.

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Categories Of Distracted Driving

There are different types of distracted driving. All of these varieties of distracted driving impair a driver’s ability to operate a vehicle safely. Distracted driving falls into three primary categories:

  • Visual Attention – If a driver’s eyes are taken off the road and turned to something else, it is considered a visual distraction. Perhaps they turned to look at a passenger, read a map, or review a GPS navigation system. Whatever the reason, these are all examples of distractions that would impact the visual attention of the driver. Looking away from the road for even a few seconds is all it takes for a driver to miss a traffic signal, fail to notice a change in the flow of traffic, or not see an obstacle in the road. All of these things can result in a crash.
  • Mental Attention – This is sometimes also called cognitive attention and refers to the driver’s mind being focused somewhere other than on driving. There are a variety of things that may impact the mental attention of a driver, including talking to a passenger, driving under the influence of drugs or alcohol, driving while sleepy, or even simply day-dreaming. Failing to have your mental attention on the road will impact your reaction time and judgment and increase the likelihood that you will be in an accident.
  • Manual Attention – This type of attention refers to having the driver’s hands on the wheel. When a driver takes even one hand off the wheel, he or she will not be able to respond as quickly in the event of a road hazard or emergency. A driver who has one or both hands off the wheel is also more likely to lose control of the vehicle, especially if he or she needs to react quickly to something. Using a hand-held cell phone, grooming, eating, or simply talking and using your hands are all distractions that can impact manual attention.

Distracted Driving And Cell Phones

An estimated 660,000 people are texting or talking on their cell phones or using another type of electronic device while driving during daylight hours, and using a hands-free device is not a lot safer than using one that is handheld.

The percentage of drivers who use hand-held devices is highest during rush hour times than at any other time during the day. Drivers are also more likely to hold a hand-held device to their ear when they have no passengers in the car or when their passengers are under the age of eight.

Although cell phone use may be one of the most serious types of distracted driving, there are other types of distracted driving that result in motor vehicle accidents. These may include eating and drinking, using a GPS system, smoking, reading maps and other materials, adjusting the radio or other accessories on the car, grooming and applying makeup, dealing with children, and talking to passengers in the vehicle. Ultimately, any activity that takes the attention of the driver away from the road and onto something else could be considered distracted driving. Distracted driving puts the driver, passengers, other drivers on the road, bicyclists, pedestrians, and others at risk.

Distracted Driving Liability

If you are injured in a motor vehicle accident that was caused by the negligence of a driver who was driving while distracted, you may be able to obtain compensation for your injuries from the distracted driver. A Guelph car accident lawyer may be able to advise you of your legal options.

Your lawyer will work with investigators, accident reconstruction experts, and other professionals to establish the cause of the accident and prove that the distracted driver was at fault for your injuries. We can visit the scene of the accident, interview witnesses, and even obtain cell phone records to prove what contributed to the accident. All of these things can help prove your claim and increase the likelihood that you will get the compensation to which you are entitled.

Contact Preszler Injury Lawyers Today

If someone else’s inattentiveness on the road caused an accident in which you sustained compensable injuries, contact Preszler Injury Lawyers today for a free initial consultation.

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Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their car accident claims.

Preszler Injury Lawyers Consumer Choice 2024Preszler Injury Lawyers Best Lawyers 2025Preszler Injury Lawyers Best Law Firms 2025

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 benefit 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

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.

Read More FAQs

Got more questions?

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

We’re happy to help.

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