Careless driving is one of the leading causes of auto accidents. When a driver fails to drive with due care, it can cause serious harm to others sharing the road.
If you are involved in a car accident caused by another driver’s carelessness, you need a reputable Windsor car accident lawyer on your side. Let our lawyers handle the legal hurdles of this unfortunate ordeal. Meet with us for a free no obligation review of your accident. We work on a contingency fee basis so you will not pay anything unless we win your case.
Careless Driving Definition
A driver who fails to use proper care, pay adequate attention to the road or drive in a safe manner is considered careless. Section 130 of Ontario's Highway Traffic Act defines careless driving as operating an automobile or street vehicle without providing due care, attention or reasonable consideration for others using the road or highway. Examples of careless driving include:
- Texting while driving
- Driving at an unsafe speed
- Failing to maintain a safe distance behind other automobiles
- Causing an accident involving another vehicle, pedestrian or cyclist
- Running a stop sign or red light
- Failing to check mirrors when changing lanes or driving in reverse
- The general failure to provide proper care
Careless Driving vs. Dangerous Driving
There is a meaningful difference between careless driving and dangerous driving.
The Criminal Code of Canada defines dangerous driving as an individual who operates a motor vehicle in a way that is dangerous to others. Alternatively, careless driving is included in the Highway Traffic Act as opposed to the Criminal Code of Canada.
Aside from jurisdictional differences, the two terms also differ in terms of penalties. The penalties for dangerous driving are harsher than those for careless driving. An individual found guilty of dangerous driving will have a criminal conviction.
Furthermore, careless driving charges are strictly applicable to those operating a motor vehicle on roads. They are not applicable to those operating a motor vehicle on a driveway, private road or parking lot.
Careless Driving Penalties
Penalties for careless driving range from a ticket to a fine, driver's license suspension or even jail time. The result of an individual's careless driving plays a role in determining the penalty.
A careless driving ticket with a fine carries six demerit points. Fines for careless driving range from $400 to $2,000. Fines are doubled for those found guilty of careless driving in community safe zones and construction zones. An individual who pays the fine admits guilt.
A ticket for careless driving without an initial fine occurs with more serious offences. The driver receives a summons for a court appearance in which he or she answers the charges of careless driving. In such an instance, the fine almost always proves to be quite considerable.
It is also possible for the individual's driver's license to be suspended for as few as 30 days or as long as two years. If the offence is particularly severe, the driver could face upwards of six months in jail.
A careless driving conviction stays on the driver's record for three years.
Legal Help After a Careless Driving Accident
In addition to the serious penalties that come with a charge of careless driving, the driver can also be held liable for the injuries and damages resulting from an accident he or she causes.
Because of this, it is vital that individuals who have been injured or lost a loved one in an accident with a careless driver contact a trusted car accident lawyer as soon as possible. Our lawyers can help you fight for the compensation you need to cover the injuries and other damages you have received.
We will navigate the legal maze so you can focus on recovering from your injuries and returning your life to normal. Contact us to schedule a no cost, no obligation consultation.