Speeding Overtakes Impaired Driving as the Leading Cause of Accidents in Ontario

Posted by Injury Lawyers of Ontario on January 17, 2016

Speeding is a leading cause of car accidents in Ontario and negligent drivers are often found liable in personal injury claims. 

For at least a decade, Ontario roads have ranked first or second with respect to road safety within North America.  Despite this positive result, car accidents are the primary cause of accidental death in this province, and the fatality rate is particularly high for young drivers. Further, speeding has become the leading cause of car accidents in Ontario, surpassing distracted driving and impaired driving.  In 2014, for instance, over 555,300 speeding charges were laid in Ontario.

On Ontario’s 400 highways, particularly Highway 401, speeding is a not uncommon event. In May 2015, two transport trucks collided on Highway 401 in Mississauga.  A Good Samaritan and St. Johns Ambulance Volunteer, Michael Bonello, was driving by and stopped to help anyone who was potentially injured. Just as he finished treating one of the injured drivers, a speeding car crashed into the front of Mr. Bonello’s parked car, resulting in $10,000 in damages.  The driver of the speeding car was charged with careless driving, and police were surprised that no one was seriously injured in the crash.

According to a Transport Canada report on road safety, a one percent reduction in speed results in a five percent reduction in the likelihood of a fatal collision.  It’s no wonder then that speeding greatly increases the likelihood of crashing and incurring serious injury.

Ontario implemented legislation in 2007 that was specifically targeted at excessive speeding. Anyone caught driving more than 50 km/h over the limit may have their vehicle immediately impounded for up to seven days, automatic driver’s licence suspension and a hefty fine for as much as $10,000.   The Ontario Provincial Police (OPP) reported a significant reduction in speed-related deaths on highways after the 2007 legislation came into effect.  In 2009, Ontario also implemented legislation aimed at reducing speeding for heavy trucks. By law, all heavy trucks must have speed limiters activated to ensure that their maximum speed is 105 km/h.

Speeding can result in substantial fines and inconvenience for a driver, in terms of being unable to drive at least temporarily, but in addition, a guilty driver’s annual insurance rate may be subtantially increased by their insurer.  One small ticket may not result in a rate hike, but multiple tickets surely will.  If convicted of driving over 50 km/h results in a Criminal conviction for dangerous driving, a driver can expect their insurance rates to double or more.  Even worse for a driver, their insurance policy may be cancelled and they may find that no regular insurance companies are willing to insure them.  Yet, despite the costs and heightened risk of injury, some drivers choose to drive at excessive speeds every day in Ontario.

On February 6, 2005, Robert Mallory’s car was struck head-on on Bloomington Road in Aurora, north of Toronto, by an out-of-control motorcycle driven by Gabor Werkmann. Mallory was severely injured and both the motorcyclist and Mallory’s passenger were killed. The accident occurred when three riders were driving separate motorcycles reaching speeds in excess of 240 km/hr in an 80 km/hr zone.  Law enforcement officers were able to confirm the speeds because a camera was affixed to Mr. Werkmann’s motorcycle, capturing the speedometer and the traffic ahead (including the actions of the other two bikers).  

In the trial, Mallory v. Werkmann et al, 2014, Mr. Mallory sued the three motorcycle riders, Mr. Nemes, Mr. Mihali and the estate of Mr. Werkman claiming that they were all negligent in causing the collision.  He also made a claim against his insurer, Security National Insurance Company, in the event that any of the liable parties was underinsured or uninsured.  In May 2013, Mr. Mallory reached a settlement for $444,850 for damages.

A key issue at trial was whether or not the two motorcyclists, Mr. Mihali and Mr. Nemes were negligent in contributing to or causing the accident, and if they were, to what degree were they negligent. Mr. Werkmann was captured travelling at 195 km/hr on impact with Mr. Mallory’s car, and evidence of his dangerous driving was captured on video.  Witnesses also testified to the three friends driving together at high speeds. Further, the video captured Mr. Nemes and Mr. Mihali performing ‘wheelies’ and all three men made improper lane changes and were cutting in and out of traffic. Moreover, for most of the ride, Mr. Werkmann was behind the other two riders and trying to keep up with them. 

When the leading riders noticed that Mr. Werkmann had been left behind, they returned to the scene of the accident, but soon left when they saw that he had been killed.  The trial judge found their failure to remain at the scene disturbing, and postulated that they left because they were conscious of having been partially to blame.

Prior to the trial, Mr. Nemes was convicted of dangerous driving and Mr. Mihali of careless driving. The trial judge concluded that although they were not directly involved in the crash, they shared responsibility for it because they were participating in a shared venture with Mr. Werkmann.  The three riders were believed to have encouraged and incited each other to speed.  Accordingly, the judge found the two motorcyclists not directly involved in the collision each 25 percent at fault and jointly liable for Robert Mallory’s damages.  At the 2014 trial, the claim against Mr. Mallory’s insurer was dismissed because the defendants were insured at the time of the accident.

A controversial decision in the Mallory case, was the finding that speeding drivers involved in a ‘group’ speeding venture could also be found liable in the event of injury caused by one of the drivers.  A further issue that was to be resolved after the 2014 trial is that Mr. Mihali’s insurer, Royal and Sun Alliance Insurance Company, alleges that Mr. Mihali was engaged in a ‘race’ or ‘speed test’, a condition which breaches his insurance policy and reduces the limits of his coverage from $1 Million to $200,000.

Speeding, like any negligent driving action, often impacts not only the driver and passengers in the motor vehicle that is speeding, but other innocent victims if the speeding car loses control.  Accident victims who were injured by a negligent or careless driver have two options for receiving compensation.  They may sue the negligent driver for damages (financial compensation for losses such as loss of income and medical expenses, and for pain and suffering).  Injured persons may also make an accident benefits claim against their motor vehicle insurance policy.  If you would like to learn more about your rights in a collision or would like to initiate a claim for injury compensation, call an experienced car accident lawyer at Injury Lawyers of Ontario (ILO) for a consultation today.

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