We all know that police in Ontario are cracking down on distracted drivers, particularly those handling cell phones or texting while driving. But now a private motor vehicle accident lawsuit is alleging that a driver was distracted because of cell phone use immediately prior to an accident.
The accident involved four vehicles and was described as a "chain-reaction rear-end collision." Two of the drivers commenced a lawsuit against one Basso. Basso alleged that one of the other drivers, Usselman, was "driving beside him in the passing lane, talking on a cell phone, looking at some papers." Basso alleged that Usselman made a fast lane change, cutting off Basso and causing him to collide with the rear of Usselman's vehicle.
Usselman's cell phone records showed that he had indeed been on the phone around the time of the accident.
Usselman moved for summary judgment, arguing that a trial was not needed as it was clear that Usselman should not be liable in any way. He stated in his affidavit that at no time in the 1/2 km drive before the accident was he talking on his cell phone. The court refused to grant summary judgment, stating that there were issues of credibility that required a judge to hear from all of the witnesses and decide whether Usselman cut Basso off and whether Usselman was talking on his cell phone.
This case demonstrates that distracted driving due to cell phone use might result in more than a ticket: it might result in a lawsuit and possibly a damages award. The case provides another jusitification for employers implementing a distracted driving policy.
Cucullo v. Basso, 2013 ONSC 5870 (CanLII)
For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com
About Dentons
Dentons is a global firm driven to provide you with the competitive edge in an increasingly complex and interconnected marketplace. We were formed by the March 2013 combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton.
Dentons is built on the solid foundations of three highly regarded law firms. Each built its outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.
Now clients benefit from more than 2,500 lawyers and professionals in 79 locations in 52 countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and the CIS, the UK and the US who are committed to challenging the status quo to offer creative, actionable business and legal solutions.
Learn more at www.dentons.com
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.
