CALL 24/7A collision on Highway 77 late Wednesday afternoon near Mersea Road 5 left two people injured and a 24-year-old Leamington man facing serious charges.
More About the Crash on Highway 77 Near Mersea Road 5
The crash happened around 5:45 p.m. Wednesday on a stretch of Highway 77 that sees regular traffic through Essex County’s farming communities.
Two vehicles collided, injuring two individuals. The driver and a passenger from one vehicle were taken to hospital. OPP described their injuries as non-life-threatening. Police closed that section of highway near Mersea Road 5 to allow them to investigate the scene. It has since been reopened.
Why the Driver Was Charged and What Happens Next
Following their investigation of the Highway 77 crash, OPP charged the 24-year-old Leamington driver with four offences:
- Two counts of careless driving causing bodily harm
- Driving without a valid licence
- Failing to carry proof of insurance
The two counts of careless driving causing bodily harm reflect the two people who sustained injuries in the incident — the driver and passenger in the other vehicle.
The driver facing charges is scheduled to appear in court in late August.
What Exactly Is Careless Driving in Ontario?
Careless driving in Ontario falls under Section 130 of the Highway Traffic Act. It applies when a driver operates a vehicle without due care and attention or reasonable consideration for others sharing the road.
When that careless driving results in bodily harm to another person, Section 130(3) applies. That’s a more serious charge than a standard careless driving ticket, and it carries heavier consequences. The driver could have their licence suspended and face significant fines. This charge requires a mandatory court appearance.
It’s worth noting that careless driving is not a criminal charge. It sits below dangerous operation of a motor vehicle, however, which is a Criminal Code offence. But make no mistake — careless driving causing bodily harm is still a serious charge. And for anyone injured in a crash caused by careless driving, it matters significantly.
Do I Still Have a Claim if the At-Fault Driver Has No Insurance?
Yes — here’s why this matters in this type of crash.
In this situation, the charged driver was not carrying proof of insurance. Whether he was uninsured or simply couldn’t produce documentation is not yet clear. Either way, if the at-fault driver turns out to be uninsured, Ontario’s Motor Vehicle Accident Claims Fund (MVACF) exists precisely for this purpose.
The MVACF compensates people injured by uninsured drivers when no other insurance coverage applies. Claims through the fund follow a different process than standard insurance claims. Limits apply, however, which is why having a lawyer managing your claim early makes a real difference.
Your own accident benefits coverage may also be available regardless of the other driver’s insurance status.
How Do Charges Laid Against the Other Driver Affect My Claim?
Charges laid by police are not a guarantee of civil liability — but they still matter.
When a driver faces charges like careless driving causing bodily harm, it signals their actions were negligent. It is evidence that police investigators determined the driver was operating their vehicle without reasonable consideration for other people sharing the road. That conclusion can support your civil claim by helping to establish fault.
If the driver is ultimately convicted for that charge, it provides additional weight in a civil proceeding. Your lawyer will monitor how the charges progress through the courts and factor the outcome into your case.
Frequently Asked Questions About Careless Driving Claims in Ontario
What is careless driving causing bodily harm?
Careless driving causing bodily harm is charged under Section 130(3) of Ontario’s Highway Traffic Act. It applies when a driver operates a vehicle without due care and attention—or without reasonable consideration for others—and that driving causes injury to another person. It carries heavier penalties than a standard careless driving charge, including potential licence suspension and mandatory court appearance.
Is careless driving a criminal offence in Ontario?
No. Careless driving is a provincial offence under the Highway Traffic Act—not a criminal offence under the Criminal Code. That distinction matters for how charges are prosecuted, but it doesn’t prevent you from pursuing a civil claim for compensation if you were injured.
Does a careless driving charge help a personal injury claim in Ontario?
It can. Charges laid by police indicate investigators identified a problem with how the driver operated their vehicle. A conviction carries even more weight in civil proceedings. Your lawyer will track the charges and use the outcome strategically in building your case.f
Are careless drivers who get ticketed automatically at fault for a crash?
No — not automatically. A charge or ticket is evidence of fault—not a legal determination of it. Civil liability is determined separately through investigation, evidence, and legal argument. That said, charges like careless driving causing bodily harm are meaningful and can significantly support your claim.
Is careless driving the same as reckless driving in Ontario?
No. “Reckless driving” isn’t actually a charge in Ontario. The closest equivalent under the Criminal Code is dangerous operation of a motor vehicle, which requires evidence of a marked departure from the standard of care a reasonable driver would show. Careless driving under the Highway Traffic Act is a lower threshold—it requires only a lack of due care and attention—but it’s still a serious offence when bodily harm results.
How long do I have to file a car accident claim after being hit by a careless driver?
Ontario law generally allows two years from the date of the collision to file a civil claim. Missing that deadline can permanently end your right to seek compensation. Given the insurance complications in this case, speaking with a lawyer early protects your rights and gives your case the strongest possible foundation.
What compensation can I seek in Ontario after being injured by a careless driver?
You may pursue compensation for medical and rehabilitation expenses, lost income, future earning capacity, pain and suffering, and other damages resulting from your injuries. Ontario’s accident benefits system also provides coverage regardless of fault—including income replacement, treatment costs, and other support while your claim progresses.
Injured by a Careless Driver in Windsor-Essex? Call Greg Monforton & Partners Today
After being hurt by a driver who faces charges, and who also had no licence or insurance, you likely have questions about your legal rights and whether it impacts your ability to file an injury claim.
At Greg Monforton & Partners, we can help. We are fierce advocates for the injured in Leamington and throughout Windsor Essex and have been representing injured individuals in our community for over 45 years. Our experienced Leamington car accident lawyers know exactly what it takes to build a strong claim — even when the circumstances are complicated.
Not sure if you have a case? We can help you understand your legal options at no charge to you. Your initial consultation is free.
Not sure if you can afford legal help? Our firm takes injury cases on contingency. This means no upfront attorney fees or out-of-pocket costs. We only get paid if you do.
>Don’t wait to seek legal help. We can start building your case today.
Call (866) 320-4770 today
