We see it all the time on Ontario roads: drivers glancing at their phones or fiddling with a GPS. However, the consequences are more serious than most people realize. For example, distracted driving claimed 82 lives on Ontario highways in 2024. That’s not a statistic. That’s 82 people who never made it home. Behind each number is a family, a job left unfinished, a future cut short.
According to the Ontario Provincial Police, inattentive driving continues to be one of the top killers on the road. It’s easy to blame smartphones (which play a major role), but distracted driving goes far beyond just texting. It includes anything that takes drivers' eyes off the road, hands off the wheel, or minds off the task of driving. Even experienced drivers fall into these habits, and small distractions become deadly decisions.
What are the leading causes of distracted driving?
Here’s what’s fueling the rise of distracted driving:
- Technology overload: Phones, GPS apps, voice assistants, playlists, and dashboard touchscreens all compete for your attention.
- Multitasking culture: People eat, apply makeup, and even read while driving. Some drivers think they can handle two things at once. The truth is, they can’t.
- Familiarity breeds carelessness: On roads you drive every day, your mind wanders. But one moment of zoning out can be fatal.
- Social media pressure: Some drivers check notifications or post updates from behind the wheel. It only takes a second to miss a stoplight or veer out of your lane.
What are the penalties for distracted driving in Ontario?
Ontario has some of the toughest distracted driving laws in Canada. But people are still taking the risk. Maybe they don’t know the penalties, or maybe they don’t think they’ll get caught.
Here’s what drivers face if they’re caught using a phone or driving while distracted:
- First offense: Fine of $615 to $1,000, three demerit points, and a three-day license suspension
- Second offense: Fine up to $2,000, six demerit points, and a seven-day license suspension
- Third or more offenses: Fine up to $3,000, six demerit points, and a 30-day license suspension
And those are just for standard distracted driving violations. If someone causes serious injury or death, they can be charged under the Criminal Code with dangerous driving, which can result in a jail sentence and a permanent criminal record. For victims and families, these penalties rarely feel like enough. That’s where civil lawsuits come in.
How do you prove distracted driving after a car accident?
When building your distracted driving car accident case, an experienced Toronto lawyer will look for the following pieces of evidence:
- Police report: After a car accident, a police officer will typically file a report. If the driver admitted to being distracted or if the officer suspected distraction (e.g., spotting a phone nearby), this may be noted in the report.
- Witness statements: Bystanders, passengers, or other drivers may have seen the distracted driver using their phone, eating, or otherwise not paying attention. Their statements can provide support for your case.
- Cell phone records: This is one of the strongest forms of proof. Cell phone data can show if the driver was texting, calling, or using an app at the exact time of the crash. Your lawyer can subpoena these records.
- Traffic or surveillance cameras: Footage from traffic cameras, dashcams, or nearby surveillance systems may show the driver’s actions leading up to the crash. Examples include looking down, failing to brake, or swerving.
- Vehicle data and technology: Many modern vehicles track behaviours like sudden braking or lack of steering input. If available, the car’s black box or onboard system may indicate inattentiveness.
- Social media or App use: In some cases, distracted drivers were using social media or posting online right before the crash. These digital footprints can be used as evidence if they coincide with the time of the crash.
- Accident reconstruction: A crash reconstruction expert can analyze skid marks, impact points, and other data to support the claim that the driver failed to react appropriately. This is often a sign of distraction.
- Driver admission: Sometimes, the at-fault driver admits to being distracted at the scene or later during deposition. These admissions can be powerful in your case when documented.
Can families seek compensation after a fatal distracted driving crash?
If a loved one dies in a crash caused by a distracted driver, their family has the right to seek compensation through a wrongful death claim. This is a civil lawsuit that holds the at-fault driver financially responsible for the harm they’ve caused. While no amount of money can undo the loss, it can help cover:
- Funeral and burial costs
- Loss of income the deceased would have earned
- Loss of care, guidance, and companionship
- Emotional and psychological suffering
To build a case, a lawyer will look at police reports, phone records, witness statements, and other evidence. Even if criminal charges were not filed, a civil case can move forward.
What can drivers do to prevent distracted driving accidents?
You can’t control what other drivers do, but you can reduce your own risk. Here are a few steps to help you stay focused:
- Turn on “Do Not Disturb” mode before you drive
- Set your GPS and music playlist before starting the engine
- Avoid eating or reaching for things while driving
- Keep both hands on the wheel and both eyes on the road
- Talk to teen drivers in your family about the risks of phone use
Let a Toronto distracted driving accident lawyer fight for the compensation you deserve
If you were hurt in a crash caused by a distracted driver in Toronto or anywhere in the GTA, the road to recovery can involve costly medical procedures, therapy, and time away from work. The experienced Toronto lawyers at Smitiuch Injury Law are here to help you get the compensation you deserve. We’ve been standing up for injured clients since 2001 and know what it takes to build strong, successful cases that insurance companies take seriously.
Your consultation is 100% free and confidential when you reach out to us. During this meeting, we’ll listen to your story, review the facts of your accident, and walk you through your potential legal options step by step. You’ll get honest answers to your questions and a clear explanation of how the claims process works with no pressure and no confusing legal jargon.
Best of all, you don’t pay us unless we win. That's because we work on a contingency fee basis, so there’s no upfront cost, hourly rate, or financial risk. Our team only gets paid if and when we successfully recover compensation for you.
If you or a loved one has been injured by a distracted driver, contact us today to schedule your free case evaluation, and let us start fighting for your rights and your future.
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