Since 2009, Ontario has had a ban in effect prohibiting drivers from using cellular phones and other hand-held devices while they are driving. The law, which went into effect on October 26, 2009, provides for tickets and fines for people who violate its provisions.
Distraction due to cell phone or electronic device use while driving causes numerous accidents each year. Unfortunately, some of the resulting accidents are serious, causing others to suffer serious personal injuries as a result. For drivers whose negligence causes a serious accident, the law allows them to be prosecuted for careless driving and to potentially lose their driving privileges for up to two years. In some especially serious cases, the person may be prosecuted for dangerous driving, which is a criminal offence in Canada.
Young people are especially accustomed to constant use of their cell phones. The Ministry of Transportation has engaged in multiple awareness campaigns and programs geared toward changing young people’s driving behaviour.
Unfortunately, despite the educational campaigns and potential consequences that can occur due to talking on a cell phone or texting while driving, people continue to engage in such activities, placing both themselves and others at great risk of injury. When people are seriously injured in a car accident caused by a negligent, distracted driver, the driver may be held to be civilly liable as a result. In addition to potential criminal prosecution, a driver may be ordered to pay damages to the victims through a parallel civil proceeding. Victims may be able to recover compensatory damages from the negligent driver by filing a personal injury lawsuit against him or her. A personal injury lawyer may be able to provide some assistance to his or her client by evaluating the facts of an individual case, identifying all legal theories and advocating on their client’s behalf in court.
Source: Ministry of Transportation , "What are the consequences? ", November 20, 2014
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