A distracted driving accident can change your life in seconds. Distracted driving causes over 20% of fatal auto accidents in Canada. In Ontario, distracted driving deaths have doubled since 2000. Drivers who text, use a handheld phone, adjust a navigation system, eat, or take their attention away from the road put everyone at risk. These dangerous actions can cause rear-end crashes, intersection collisions, pedestrian accidents, cyclist injuries, catastrophic injuries, and wrongful deaths throughout Toronto and the Greater Toronto Area.
If you were injured by a distracted driver, a Toronto distracted driving accident lawyer can help you understand your legal rights and options. At Bergel Magence LLP, our personal injury lawyers investigate collisions, gather evidence of driver distraction, deal with insurance companies, and pursue fair compensation for injured accident victims. Your claim may include medical and rehabilitation expenses, lost income, pain and suffering, future care costs, and other accident-related losses. Contact our Toronto personal injury law firm for a free consultation about your distracted driving accident claim.
What Counts as Distracted Driving in Ontario?
Distracted driving occurs when a driver’s attention is diverted from the road by another activity. In Ontario, using a handheld phone or other prohibited electronic device while driving is illegal, even when the vehicle is stopped in traffic or at a red light. Common distractions include texting, making calls, entering information into a GPS, watching a screen, eating, reaching for an object, or interacting with passengers. These behaviours reduce reaction time and can cause serious consequences, including car accident injuries and fatal motor vehicle accidents. Distracted driving penalties in Ontario can reach $1,000.
After a collision, evidence of distraction may help establish that the other driver was negligent. Police reports, witness statements, photographs from the accident scene, dashcam footage, phone records, and vehicle data may all help identify an at fault driver. Because important evidence can disappear quickly, anyone who suffers serious injuries should seek medical care and legal advice as soon as possible. A Toronto distracted driving accident lawyer can investigate the crash, communicate with insurers, and guide the injured person through every stage of the legal process
How Distracted Driving Causes Car Accidents
Distracted driving reduces a driver’s awareness, reaction time, and ability to make safe decisions. Texting while driving increases crash risk by almost 25 times. A driver looking at a phone may fail to notice a red light, stopped traffic, a pedestrian, or other vehicles changing lanes. Even a few seconds without paying attention can result in a severe rear-end crash, intersection collision, sideswipe, or head-on accident.
Many drivers underestimate the danger of reading a message, adjusting a GPS, eating, or reaching for an object while travelling on Ontario roads. This dangerous behaviour can cause a driver to drift between lanes, miss traffic signals, follow another vehicle too closely, or react too late to changing road conditions. The risk becomes even greater at highway speeds, in heavy Toronto traffic, or during poor weather.
If you were injured in a distracted driving accident, evidence must connect the driver’s distraction to the crash and your injuries. A lawyer may examine police records, witness statements, video footage, cellphone records, and vehicle data to determine how the collision was caused. Under Ontario law, a negligent driver may be held accountable for the harm they cause, including medical expenses, lost income, pain and suffering, and future care needs.
How to Prove a Driver Was Distracted
To prove distraction, your legal team must gather evidence showing that the at-fault driver was not paying proper attention when the collision occurred. Key evidence may include police reports, witness statements, dashcam recordings, surveillance footage, traffic-camera video and photographs from the accident scene. A distracted-driving charge may support your case, but it is not required to pursue a personal injury claim. Even when no charge is laid, the evidence may show that the other driver’s careless actions caused or contributed to the car accident.
A Toronto distracted driving accident lawyer may seek cellphone records, vehicle data and other digital evidence through the legal process. The timing of a text message, phone call or app activity could help prove distraction at the moment of impact. However, phone activity alone may not establish who was using the device or whether it caused the collision. A detailed investigation is often needed to connect the dangerous behaviour to the crash.
Your legal team must also show that the distracted driving accident caused your injuries and financial losses. Medical records, specialist reports, employment documents and rehabilitation assessments can establish your treatment needs, lost income and future care costs. Strong evidence may help you claim compensation for pain and suffering, healthcare expenses, income loss and other damages. Acting quickly can preserve important records and improve your ability to pursue fair financial compensation from the responsible party.
What If the Distracted Driver Was Charged or Convicted?
A distracted driving charge or conviction may help support your personal injury claim. Police reports, officer’s notes, a guilty plea, or a conviction may provide evidence that the at-fault driver was distracted and caused the car accident. However, a charge alone does not automatically prove civil liability.
The traffic case and your claim for compensation are separate legal matters. Your legal team must still prove that the driver was negligent and caused your injuries and financial losses. A Toronto distracted driving accident lawyer can review the police and court records, deal with the insurance company, and help you pursue compensation for your accident-related damages.
Filing a Lawsuit for a Distracted Driving Accident
A person injured by a distracted driver may be able to file a tort claim against the at-fault driver for pain and suffering, income loss, healthcare costs and other damages. This claim is separate from an application for no-fault accident benefits. It can be crucial to find lawyers experienced in handling both accident benefits and tort claims. Most distracted driving lawyers in Toronto specialize in personal injury law and motor vehicle accidents.
Finding a personal injury lawyer in Ontario requires verifying their standing with the Law Society of Ontario. Lawyers in Toronto should have a strong understanding of local insurance laws regarding auto accidents. Key factors to consider when choosing a lawyer include their trial experience and communication style. You should also ask about legal fees, similar cases and who will manage your file.
Initial case evaluations are commonly offered for free by personal injury lawyers in Toronto. During this consultation, our personal injury lawyers can review the accident, explain applicable deadlines and assess the evidence needed to prove negligence. Acting promptly can help preserve phone records, video footage, witness evidence and other information needed to build a strong distracted driving lawsuit.
Contact Bergel Magence today for a risk free no obligation consultation.
Injured by a Distracted Driver in Toronto? Bergel Magence Can Help
If you were injured in a distracted driving collision, Bergel Magence LLP can explain your legal options and help protect your rights. Our Toronto personal injury lawyers handle cases involving spinal cord injuries, brain injuries, fractures and other serious harm. We can investigate the crash, collect evidence and build a distracted driving claim against the at-fault driver.
A personal injury lawsuit may allow you to seek compensation for pain and suffering, lost wages, rehabilitation costs, future care and other accident-related losses. Our legal team can deal with the insurance companies and help you recover compensation while you focus on healing. Contact Bergel Magence Personal Injury Lawyers today at 416-665-2000 for a free consultation about your Toronto distracted driving accident claim.