It is common knowledge that driving while distracted can be dangerous. However, according to a pronouncement made by P.E.I. Transportation Minister Paula Biggar a couple of weeks ago, distracted driving can be just as dangerous as driving drunk.
According to the Ministry of Transportation of Ontario, research shows that drivers who use cell phones are four times more likely to be in a collision than drivers who focus on the road. When drivers take their eyes off the road for more than two seconds, their crash risk doubles.
There are many ways in which a typical driver can be distracted while driving – doing make-up, taking a selfie, eating, drinking, tinkering with the GPS, talking to passengers, adjusting the radio, tending to a crying baby or children fighting in the back seat and, of course, playing around with cellphones and other hand-held devices.
Texting or using a cell phone, smartphone or tablet are activities that should be avoided when behind the wheel. In fact, it is illegal to text or use a phone while driving in Ontario. Looking at a GPS is permissible under the law; However, even a GPS can be a distraction.
Teenagers are frequently – but not always — the culprits in distracted driving incidents. It is said that distracted driving is the most frequent cause of vehicle crashes involving teenage drivers, particularly when other teens are on board. This may be attributable to less driving experience, distracting passengers, and pressure to remain connected via social media. According to a recent article in the PEI Guardian, in 60 percent of crashes across Canada, teen drivers were either chatting, talking or texting on a cellphone when the accident happened.
Needless to say, there are severe consequences for not directing your full attention to your driving. Prince Edward Island’s Highway Safety Act imposes penalties for driving while distracted. It has increased the fine for operating a vehicle while using a handheld communication device from $250-$500 to between $500 and $1200. The distracted driver would also receive five demerit points for a violation. Some say that this is not enough, however, and that jail time should be a punitive option, as it is in Ontario.
In Ontario, if you drive while distracted, you could receive a fine of $225, plus a victim surcharge and court fee, for a total of $280 if settled out of court. You may also have to pay a fine of up to $500 if you receive a summons or decide to fight a ticket.
Unlike P.E.I, the driver will not gain any demerit points. Police do not confiscate any hand-held devices you were using when caught breaking the law.
Also unlike P.E.I, you can be charged with careless driving if you endanger others because of any distraction, including both hand-held and hands-free devices. If convicted, you will automatically receive six demerit points, fines up to $2,000 and/or a jail term of six months and a license suspension of up to two years.
You can even be charged with dangerous driving (a criminal offence), with jail terms of up to five years.
We live in a world with gadgets that seem intent on distracting us. Regardless of the technological device of choice, drivers must see to it that they don’t allow anything to take their eyes off of the road. It only takes a brief second of inattentiveness to cause an accident.
If you have been injured by a distracted driver, a personal injury lawyer can help. We will review your file, discuss your options, represent you in court and, if necessary, obtain the phone records of the liable distracted driver by court order or by a subpoena. We are here to help you obtain the compensation you deserve.
