The Risks of Distracted Driving

Distracted driving carries both legal risks and heightened risk of  a collision resulting in serious injury

Many parents are concerned that the preoccupation with texting and talking on cell phones, common among young adults today (and increasingly, among older adults as well), may result in a car accident for the young drivers in their family.  In May 2010, 18-year old Katrina Lyman was killed when her car collided with a pickup truck in Ottawa.  Investigators later discovered that she had posted a message on her Facebook account just moments before the crash, making it very likely that she was on her phone and distracted at the time of the accident. In an Ottawa CTV interview, Katrina’s mother asked that this tragic event should serve as a warning to other families who don’t believe they could lose a loved one to distracted driving or that it could happen to them.

In December 2015, the Ontario Transportation Safety Board released its findings of the investigation into a two-year old bus crash in Ottawa that left the driver and five passengers dead. It was determined that one of the main causes of the accident was the driver being distracted by, among other things, the video monitor and the many conversations taking place around him inside the bus.

Distracted driving is and continues to be a very serious problem in all of Canada. It remains one of the leading causes of car accidents, the effects of which can sometimes be catastrophic and devastating for victims, as well as family and loved ones of the victims. A Canadian Automobile Association (CAA) report on distracted driving concluded that driver distraction accounts for about four million crashes a year in North America. In 2015, Ontario Provincial Police (OPP) reported that June was one of the deadliest months on Ontario roads, and concluded that many of these accidents could have been avoided if  drivers kept their focus on the road and avoided distractions while driving.  

What Is Distracted Driving?

So what exactly is distracted driving? Basically, any activity and/or action that distracts the driver and causes them to lose focus from the road, qualifies as distracted driving. This can include everything from texting, talking on the phone, smoking and interacting with passengers to eating and drinking. The Centers for Disease Control and Prevention (CDC) in the U.S. identified three main categories or types of distraction – visual, manual and cognitive.

Visual distractions include taking one’s eye off the road while driving, manual distractions involve taking one’s hands off the wheel of the car and finally, cognitive distractions include having your thoughts wander and taking your mind off the task of driving.

It only takes a few seconds of distraction to result in a car accident, which often occurs when a driver fails to react to changes in traffic.  However, distracted driving impacts more than our reaction time; it also affects lane changing, following other cars at a safe distance and the maintaining of an appropriate speed while driving.   Mistakes in any of these areas can easily result in a collision.

Common Causes of Distracted Driving

As previously noted, some of the most common activities that qualify as distracted driving include:

Use of Cellphone/Smartphone – The use of cellular devices while operating a vehicle is probably the most common type of distraction and cause of accidents associated with distracted driving. This includes anything from texting to answering or making a call. Any time spent using a phone while driving, is time spent not focused on the road and the proper operation of the vehicle.  

Use of any Hand-Held Device – Other hand-held devices, such as iPads and even GPS devices sometimes contribute to the issue of distracted driving.

Talking to Passengers – Most of us converse with our passengers while driving. The fact is we all do it at some point. However, it is important to not become too engaged in a conversation, look at our passengers while speaking, and ensure the discussion does not become overly heated or engrossing to the extent that we lose focus on the road.  This particular risk of distraction is heightened for the parents of young children, who should not turn around to deal with children’s arguments, crying or other issues, without first pulling over and out of traffic.

Eating/Drinking – Eating is another common cause of distracted driving. Many of us are guilty of trying to eat on the go, which often means eating while trying to control and maneuver a steering wheel. Eating while driving contains an element of risk as it frequently involves taking our hands off the steering wheel and/or looking away from the road for a time.  Even liquids, such as coffee and pop can be distracting, particularly when shifting from the cup holder to your hand as we concentrate on not spilling.

Applying Makeup – Applying makeup is another not uncommon activity that some drivers engage in and is sometimes the cause of car accidents. When someone is looking into a mirror while attempting to apply makeup and therefore not watching the road, the loss of focus can lead to dangerous situations.

Listening to Music/Audio – Many of us listen to music, as well as other audio products, such as audio books, while driving. Listening to music is not inherently dangerous and certainly not illegal. However, under some circumstances, such as when  music is being played too loud to the point that we can’t hear the horn of another car or an emergency vehicle’s siren, music can also be distracting and risky.

While these are the most common and broad causes of distracted driving, CAA further breaks it down into distractions inside the vehicle and distractions outside the vehicle.

Canadian Reports on Distracted Driving Incidents

The statistics on distracted driving are very disconcerting. According to a 2011 report by Alberta Transportation, an international research study shows that 20 to 30 percent of all collisions involved the driver being distracted. The report concludes that distracted drivers are three times more likely to be involved in a crash. The U.S. National Highway Traffic Safety Administration describes distracted driving as a “dangerous epidemic” on America’s roads, citing that 80 percent of road collisions and 65 percent of near crashes, were in part caused by some type of driver distraction.

In 2013, the OPP reported that 45 out of 168 vehicle-related deaths directly resulted from distracted driving, but law enforcement and legislators believe the incidence of distracted driving is on the rise. As previously noted, many of the Ontario road fatalities reported in 2015 were associated with distracted driving. The issue of distracted driving has become of such a concern that, in 2015, new Ontario legislation was put in place to impart harsher penalties for individuals convicted of distracted driving.

As of September 1, 2015, Ontarians found guilty of distracted driving face a fine of $400 to $1,000, as well as three demerit points on their driver’s licence. New drivers convicted of distracted driving will receive a 30-day license suspension for a first offense, a 90-day license suspension for a second offense and license cancellation for a third offense.  The Ontario Ministry of Transportation site outlines the new distracted driving laws and the devices and actions that can lead to distracted driving infractions.

Distracted Driving in Personal Injury Claims

Common to personal injury claims, in a distracted driving related suit, the claimant must prove that their injuries resulted because the ‘at fault’ driver was distracted, and correspondingly guilty of negligence. Canada’s Criminal Code defines negligence as a reckless disregard for the safety of other individuals or a failure to act within the law.

In most cases, it is not difficult for drivers to minimize distractions, as most distractions involve a choice and willingness to engage in them or not. The use of any type of cellular device or smartphone serves as a good example of this. As drivers, we can choose to make a habit of turning off our phone while driving or setting the device on silent and placing it further away to avoid the temptation to use the phone.

Negligence by an individual or parties entails demonstrating a disregard for the safety of others and distracted driving epitomizes this. All of the common causes of distracted driving are activities that can be done prior to getting into the car, by pulling over at the side of the road, or when the driver has arrived at their destination. It is irresponsible (as well as unlawful in Ontario) to risk the lives of others for a call that can be answered later or a text that can be easily be deferred.

If you or someone you love has been the victim of a car accident caused by another individual’s distracted driving, contact a personal injury lawyer as soon as possible, as you may have legal grounds for a successful personal injury claim.  With many years successfully representing victims of car accidents, the lawyers at Injury Lawyers of Ontario (ILO) are more than qualified to help you in this endeavor.  You can contact an ILO law office in your community or visit us online.