*Ping!* You just received a text message from your friend while you are driving — we have all been there. As tempting as it may be, all it takes is a split-second distraction to lead to a serious accident while behind the wheel.
As our reliance on mobiles phones, tablets, navigation systems and other in-car technologies increases, so do the number of distractions we may face while on the road.
A CBC News article reported there were 82 highway deaths in Ontario in 2024 due to distracted driving. This represented a 43 per cent increase from 2023, where there were 57 deaths due to distracted driving or driver inattention. According to the OPP, the 2024 statistic is the highest number of deaths in the last six years.
As the prevalence of distracted driving increases, it is important we understand the legal consequences of not paying attention behind the wheel. Actions such as eating, drinking, smoking, reaching for objects or buttons and dials, using your mobile phone, changing the radio, using a GPS navigation system and utilizing the screens in your vehicle are all actions that can take your attention away from the road.
Legal Implications
There are important legal implications for distracted drivers involved in a motor vehicle accident. As a driver on the road, you have a duty to drive safely and pay attention to the road. As a distracted driver your inattentiveness breaches this duty, and you may be found negligent.
If you are involved in a motor vehicle accident and it is established that you were distracted and/or had even a momentary lapse in attention while driving, this will be an important factor to establish liability. If your distracted driving has contributed to and/or caused the accident, you could be held legally responsible for the accident and the damages resulting from the accident.
It is important to note liability does not always rest solely with one driver. A motor vehicle accident can be caused by the negligent actions of more than one driver. If your distracted driving is determined to have contributed and/or caused the accident, you may be held to be contributorily negligent resulting in some amount of liability put on you. The degree of liability imposed on you will depend on facts of the case.
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.