Driver Dash Cameras expose Reckless Ontario Drivers

Driver Dash Cameras Expose Reckless Ontario Drivers

Negligent and reckless driving has existed since automobiles were invented. Unfortunately, there are always drivers who, whether by severe negligence or a temporary lapse in judgement, fail in their duty to take care. Reckless drivers are often found liable for the damages and bodily injuries that result due to their negligent actions. Fortunately, the increasing use of dash cams is making it easier for offenders to be tracked down and caught, particularly those who flee the scene of an accident.

Dash cams help to eliminate the uncertainty as to the facts of an event. Without the footage caught on a dash cam, it is sometimes one driver’s word against another’s. Police investigations are made easier when there is clear dash cam footage to refer to. Dash cams are relatively easy to obtain and have many added benefits.  One of these is the use of dash cam footage in a personal injury lawsuit against a driver deemed responsible for causing an accident and resulting injuries.

In Mallory v. Werkmann et al, 2014, a dash camera affixed to a motorcycle served as key evidence in a personal injury trial to determine negligence in a multiple vehicle accident that led to two fatalities and serious injuries for one man. The camera recorded the excessive speeds and reckless driving actions, such as unsafe lane changes and wheelies, for three Toronto motorcyclists and resulted in a finding of negligence in causing serious injuries and death to a car driver and his passenger, respectively.

Negligence & Reckless Driving

Careless and reckless driving occurs all too often on Ontario roads and can lead to very serious injuries, in addition to fines and penalties for the negligent driver. Careless driving is a serious charge under the Highway Traffic Act of Ontario. The Act defines careless driving as the operation of “a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.” In order to issue charges of careless driving, an officer must find that they did not exercise a necessary and reasonable degree of caution and negated his or her duty to care, which led to the accident.  Excessive speeding, dangerous and erratic lane changes, running red lights and reckless passing are some examples of careless driving actions that often result in accidents and injury in Ontario.

Careless drivers may be held liable for damages and bodily injuries resulting from careless driving. If the offense of careless driving is committed, then the driver can face any of the following consequences:

• Fines totaling $400 up to $2,000
• Up to 6 months of jail time
• License suspension
• Six demerit points

Police officers may decide to charge a reckless driver with dangerous driving, which is a criminal offence with even greater consequences than careless driving. If a driver is convicted of this charge, they will have a criminal record, which will follow them when they apply for jobs and travel to other countries.  A dangerous driving conviction also results in a one year licence suspension for the first offence.

Just a few seconds of careless driving can be costly for an offender, but the potential consequences to an innocent accident victim may be far more devastating if they sustain severe, catastrophic or fatal injuries as a result of an accident. 

Increasing Dash Cam Usage

The prevalence of reckless and negligent driving has increased the value of dashboard cameras. There are many benefits to dash cams, so much so that it is difficult to point out any disadvantages. Footage from dash cams help to identify and track down drivers who may have fled the scene of an accident. Dash cam footage can play an integral part in police investigations. Even non-traffic offenses can be caught on dash cams.

A dash cam is typically located on the windshield of a vehicle and can be positioned so that it records footage of the inside of a vehicle or the outside. The popularity of dash cams has grown in the Ontario in the past few years. Although they can be used recreationally to record friends and family participating in activities such as skiing, biking and hang-gliding, these devices clearly have many practical uses as well.

An example of this was reported by CTV News on May 13, 2015 in which a high-speed crash was caught on the dash cam of a vehicle. The driver of the vehicle that caught the crash footage on the dash cam was Michael Bonello. He was pulled over on Highway 401 in Mississauga. Bonello was en route to his place of work when he witnessed two transport trucks colliding on the highway during a busy hour.

Fuel and debris went flying as a result of the crash and covered the express lanes. Bonello, a St. John Ambulance volunteer, pulled over to assist the drivers of the wrecked vehicles until  paramedics reached the scene. While Bonello’s vehicle was still parked, another vehicle travelling at high-speed struck his vehicle. Bonello‘s video, which he provided to CTV, shows footage of the car crashing into his vehicle. The impact was a shocking sight as debris went flying. The driver of the other vehicle was a 22 year old. He was charged with careless driving.

This is one of many examples that demonstrate the usefulness of dash cams in exposing reckless actions that often result in accidents. Appropriate caution and attention should always be given when driving, along with observance of all traffics laws and signals, in order to reduce the number of resulting injuries and fatalities. A more prevalent use of dash cams may provide more incentive for potential offenders in the future, to correct their careless driving habits due to the likelihood that their actions will be caught on dash cam and used as evidence against them.

If you or a loved one were seriously injured in an accident caused by a careless driver, you may be eligible for compensation for loss of income, rehabilitation expenses and pain and suffering associated with your injuries. If you would like to seek advice from legal counsel, call an experienced car accident lawyer at Injury Lawyers of Ontario (ILO) office today to receive your free consultation.