The lawyers at Aaron Waxman & Associates are experienced with Disability, Personal Injury and Employment claims.
Distracted driving is a safety issue that affects all Canadians. It is a national concern. All of Canada’s provinces, as well as the Yukon and Northwest Territories have some form of distracted driving legislation in place.
Data collected by the Government of Ontario found that:
CAA’s Distracted Driving website provides the following information:
What Counts as Distracted Driving?
Driving distractions are activities or anything that take your eyes off the road, your hands off the wheel or your mind off the task of driving.
According to the Ministry of Transportation, distracted driving means:Operating a hand-held communication and/or electronic entertainment device while driving such as
If you are the one behind the wheel, these activities are considered distractions, whether you are stopped, in traffic or on a highway.
Consider the following statistics in terms of likeliness of being involved in an accident while engaged in one of the following activities:
Ontario Laws on Distracted Driving
In Ontario, it is against the law to use hand-held communication and electronic entertainment devices while driving. These include phones, iPods, iPads, Tablets, DVD players, e-readers. Even holding your phone or other device while driving is against the law.
In today’s world of ever evolving technology, and wearable technology, devices such as Apple watches and other smart watches could also be considered distracting devices. In a recent court case concerning a distracted driving charge, an Apple Watch was referred to as “a cellphone taped to someone’s wrist”, due to its multifunctionality and ability to pair with a mobile device.
Since September 1, 2015, there is a higher set fine for distracted driving in Ontario, of $490 (including a victim surcharge fine and court fees), and drivers who receive a summons/contest their ticket in court may face a fine of up to $1,000. If convicted of distracted driving, the driver will receive 3 demerit points.
The distracted driving penalties are changing effective January 1, 2019. These new changes are:
For fully licensed drivers:
Tips to Avoid Distracted Driving
If you find yourself tempted to check your phone – keep it in the glove box so it won’t be easily accessible. Some other helpful tips:
What Should I Do if I am Involved in A Car Accident?
If you are the victim of a motor vehicle accident, whether you are a driver, passenger, cyclist, or pedestrian, you should consider speaking with a lawyer to determine what your rights are as an injured person. Your lawyer can explain what types of benefits and compensation you are entitled to when it comes to an accident benefits claim and a third-party claim (against the at-fault party).
It is important that you seek medical attention as soon as possible after the accident. You should also, if possible, obtain the names of any witnesses and any information you can about the driver/other parties involved. Try to write down how the accident happened and any other details if you can. Keep track of any damaged items including clothing. Contact your insurance company to advise them of the accident.
What Do I Bring to An Initial Consultation?
When you first meet with your lawyer, it is important you bring any documentation that is related to the accident including any partial motor vehicle accident report a police officer gave you or a collision centre report if you went to one.
If you have already completed your application for accident benefits, you should provide any correspondence you receive from your insurance company to your lawyer and copies of any documents you have sent the insurance company. If you have a full copy of your insurance policy, you should bring this with you. Your lawyer will need to know who your insurance company is and your policy number.
Your lawyer will need to request medical documentation and will need to know who your doctors and treatment providers are. If you have business cards for your doctors/treatment providers, bring them so your lawyer can easily obtain this information.
Our lawyers have helped clients who have sustained injuries as a result of car accidents. If you have been injured as a result of a car accident, contact Aaron Waxman and Associates to arrange a free initial consultation at a date and time that is convenient for you.
* This blog is for informational purposes only and is not meant to substitute legal advice. Please read our disclaimer for further information.
* All of our lawyers are licensed by The Law Society of Upper Canada
* Office in Toronto and able to represent people in the province of Ontario