Distracted Driving Accident Lawyers Hamilton
top-banner

Hamilton Lawyers for Distracted Driving Victims

Distracted Driving Injuries and Accidents in Hamilton and Throughout Ontario

Technology increases have no doubt led to even more distractions and inattentive driving. In one instant, a distracted driver can cause a catastrophic accident that could change lives forever.  Operating a motor vehicle is a responsibility the majority of drivers on the road take very seriously; however, if a driver is distracted even for a moment, their awareness and judgement can be compromised.  According to Ontario Provincial Police, distracted driving is the leading cause of accidents in the province. Sadly, in 2016 distracted driving was the cause of more fatal vehicle accidents than any other factor.  This is why it is imperative drivers are alert and focused on their surroundings while driving.

What is Distracted Driving?

Distracted driving is more than just talking or texting on your Iphone.  Cellphone usage gets a large portion of the attention surrounding distracted driving, and for good reason.  As smart phones became more popular, they quickly turned into a common accessory in a vehicle.  As a communication tool and a music tool, they act as another limb for most people.  Texting, dialing a number or even choosing a song on your phone takes more than your eyes off the road, it also takes your hand off the wheel.  Both which are huge distractions while driving.  That being said, distracted driving is more than using a cellphone.  It is anything that takes your focus off the road, even for a moment such as:

  • Reading maps, newspapers, books ect;
  • Talking on a cell phone;
  • Texting;
  • Using a GPS;
  • Watching videos;
  • Personal grooming;
  • Eating or drinking;
  • Talking to other passengers;
  • Reaching in the backseat;
  • Petting a dog;

Specifically in Ontario, due to the Distracted Driving Law it is illegal to text, talk, type, dial or email using a hand-held cell phone, communication or entertainment device.  Hands-free devices are permitted.  In January 2019, the laws are becoming even more strict.  A first distracted driving conviction will run you a fine of up to $1,000, three demerit points and a three-day driver’s license suspension.  If you have a second conviction within 5-years you will face up to a $2,000 fine, six demerit points and a seven-day driver’s license suspension.  Within 5-years if you have a third conviction the penalty you could face is a fine of up to $3,000, six demerit points and a 30-day license suspension.

If your driving poses a risk to other motorists you can be charged with careless driving, and this includes things such as eating, personal grooming, and anything that takes your focus off the task at hand: safe driving.  In addition, distracted driving can be used as evidence of driver negligence and recklessness in a personal injury lawsuit.

Texting and Driving is Deadly

Did yo know that looking at a phone 5 seconds at 90 km/h means that you’ve traveled the length of a football field…blindfolded? Did yo know that texting and driving is now the number one cause of accidents in Canada?  It’s reported that 6 in 10 crashes in 2016 were caused by smart-phones.  Statistics indicate that accidents caused by distracted drivers have now surpassed the number of accidents caused by impaired driving.

What To Do If You’re A Victim of a Distracted Driving Car Accident?

If you or a loved one were injured as a result of a distracted driver, it is important you contact a Hamilton personal injury lawyer with experience so you can receive the compensation and help you are entitled to. Until you’ve been involved in an accident, it is easy to assume the criminal justice system will punish a driver who causes an accident.  While there are serious fines and sanctions in place for drivers who are convicted of distracted driving, if you’ve been injured because of a driver’s negligence, you will need to open up a personal injury lawsuit to get compensation.

Compensation you may be entitled to includes:

  • Medical expenses – You may be entitled to health care costs that are not covered by OHIP or your car insurance benefits. In addition, future cost of care claims can be won for serious injuries, often involving the brain and spinal cord.
  • Lost earnings – Financial compensation for lost earnings could include current lost earnings and future lost earnings
  • Pain & suffering – You may be entitled to financial compensation due to the pain and suffering you have experienced, a loss of enjoyment of life, and your inability to lead a normal life due to your mental and physical injuries.
  • Associated costs relating to your injuries and recovery – There may be aspects of your life you will be incapable of doing because of your injuries. One of these are general household and housekeeping tasks.  You and your family have lost an asset that is of value to your family unit.
  • Housekeeping and Home Maintenance Capacity losses – You could be compensated if you can no longer take proper care of your home.

Recovering from an accident is stressful.  Not only are you worried about your health and injuries, but you may also be worried about the financial strain this has placed on your life.  You do not have to face everything alone.  You will need help navigating the insurance claims and legal course of action.  When you hire an experienced personal injury lawyer you can focus on your recovery while your legal team fights to get you the compensation you deserve.

The Tragedy Of Distracted Driving

Sadly, distracted driving causes deaths that could have been prevented. Even a brief distraction can be dangerous, and there is never any excuse for not watching the road.  If you lost a loved one in a tragic car accident where the cause was distracted driving, it is important you get in touch with an experienced personal injury lawyer.  Through your grief, you may be trying to make sense of such a careless act that suddenly changed the lives of so many.  While a lawsuit will never make things right again, compensation can help relieve the financial stress you are currently under.

Help For Victims Of Irresponsible Drivers

At Lalande & Company Lawyers, we are committed to helping victims of distracted driving accidents.  Matt Lalande has been representing accident victims in personal injury cases for over 15 years and has recovered millions of dollars in compensation for his clients.  Our consultations are free and without obligations and we never ask for upfront fees.  Please get in touch with us today by calling (905) 333-8888, or fill in our online form, so you can learn more about what you or your family is entitled to.  We understand this can be a very stressful and sad time for your family and we are here to help. If you are unable to travel to us while you recover from your accident injuries, we can come to you.