Can I Claim Compensation from a Distracted Driver and How Will The New Distracted Driving Laws in Ontario Affect Road Users? Posted onDecember 27, 2018June 15, 2020/ Marc Spivak In a recent blog post, we discussed the legalities surrounding the operation of motor vehicles while impaired by alcohol or drugs, under the Criminal Code of Canada. Accompanying the fairly new Cannabis legislation, are further stringencies concerning Ontario drivers, which are expected to come into effect on January 1st, 2019. Any driver convicted of distracted driving will now be sanctioned with demerit points and have their driving licence suspended for up to a maximum of thirty days. However, the period given is determined by the number of times the culprit has been apprehended and convicted for the prohibited act. Drivers who are caught conversing on their mobile phones, texting, dialling or emailing from any electronic handheld device can also be fined up to $3000 in addition to the suspension of their driving licence. – Evidently, the initiative is to encourage safer driving and to dissuade drivers from driving carelessly. However, while it will be interesting to observe whether the rollout of stricter laws that impose harsher penalties are successful, it would be advisable for drivers to put away their devices before they start their journey. Does this mean that drivers aren’t getting the message? Arguably, this could very well be the case. However, once implemented, Ontario will undoubtedly have the toughest penalties for drivers that repeatedly disobey road rules and find themselves convicted of distracted driving. That said if you find yourself less worried about the prospect of having to pay a fine. Keep in mind that you may be subjected to what may seem an excessively increased car insurance premium also. Moreover, distracted driving is more than just using your handheld devices while at the wheel of the car. For instance, according to the official Government of Ontario website, there are a number of activities that are deemed distracting driving, stating ‘when you aren’t focused on the roads, things happen fast’. Activities such as: – Eating or smoking – Reading (books, maps, newspapers) – Playing extremely loud music – Personal grooming Just to name a few. Nevertheless, it is always important to stay abreast of driving laws within your province, as enhanced restrictions may actually be on the horizon and as one can imagine having a suspended licence can really interfere with everyday life. Distracted driving accidents are often preventable. Drivers have a responsibility to drive responsibly and with others in mind. If you or a loved one has suffered an injury as a result of a distracted driver, contact experienced personal injury lawyer, Marc Spivak, of Devry Smith Frank LLP, directly at (416) 446-5855. Lawyers will work diligently to secure the compensation you deserve. “This article is intended to inform. Its content does not constitute legal advice and should not be relied upon by readers as such. If you require legal assistance, please see a lawyer. Each case is unique and a lawyer with good training and sound judgment can provide you with advice tailored to your specific situation and needs.” Authors Marc Spivak 416-446-5855 416-446-5855 marc.spivak@devrylaw.ca Related Posts Posted onDecember 13, 2018June 15, 2020/ Marc Spivak I Have Been Assaulted, Can I Claim Compensation for Personal Injury Arising From This Assault? In Canada, reasonable expectation of personal safety is enforced criminally and civilly and in a previous post we already described the implications associated with dishonest sexual assault accusations, defamation of character and the damages in which one might be able to claim should they become such a victim. Perhaps slightly more complicated is understanding the [...] Read more Posted onJuly 13, 2017June 25, 2020/ Katelyn Bell Paramedic Who Had His Mother Die In His Arms Denied Workers’ Compensation By: Katelyn Bell, Summer Law Student It is common practice for Paramedics to arrive for their shifts up to a half an hour prior to their scheduled start time. This is done in an effort to prevent the crew they are relieving from possibly working overtime hours, which would be the case if a call [...] Read more