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Distracted driving puts everyone on the road at risk. People who cause a crash after texting, putting on make-up, eating and drinking, or even trying to tend to children in the back seat, can be held liable for the damages they cause.
At Greg Monforton & Partners, we advocate for injured car accident victims every day. Our knowledgeable Windsor car accident lawyers are deeply committed to helping them navigate the complex legal process and secure the compensation they need and deserve. ‘
Not sure if you have a case? We offer a free legal consultation to learn more about your situation, answer your questions, and explain your legal options.
Call our trusted Windsor personal injury law firm today for your free consultation: (866) 320-4770.
Who Pays for My Damages if I Get Hit by a Distracted Driver in Windsor?
Since Ontario follows a no-fault insurance system, you would initially go through your auto insurance company for any immediate medical costs, regardless of who caused the accident.
Your insurance will pay for your medical treatment, lost wages, rehabilitation costs, or other expenses that may be incurred as a result of your specific incident. However, if you meet the threshold for a serious injury, you may also be able to sue the distracted driver directly for additional compensation. They could be liable for pain and suffering, along with other costs your insurance may not fully cover.
If your case is taken to court, the distracted driver’s insurance company will ultimately be responsible for paying any settlement or court judgement. In some cases, the at-fault driver may not have insurance, and you may have to seek coverage from Ontario’s special fund.
Does Ontario’s No-Fault Insurance Affect My Right to Sue a Distracted Driver?
Ontario’s no-fault insurance does not eliminate your right to sue a distracted driver. It does, however, create important limitations through a “threshold” system.
If your injuries are serious and permanent, you can sue for the full range of damages, including pain and suffering. If your injuries do not meet a certain threshold, you face restrictions on the amount you can receive for pain and suffering compensation. You can still claim economic losses that exceed your insurance benefits.
The threshold requirements mean that the severity of your injuries becomes essential in determining exactly what you can claim against the distracted driver beyond what your no-fault insurance already covers.
What Counts As Distracted Driving in Windsor?
Distracted driving in Windsor covers any activity that takes your attention away from safely operating your vehicle under Ontario law.
Common forms of distracted driving are:
- Mobile Phone Use: Hand-held phone usage for calls, texting, or any other function whilst driving could be seen as a distraction.
- Other Activities: Eating, drinking, personal grooming, reading, reaching for objects, or watching videos whilst behind the wheel could lead to an accident.
You can use hands-free devices, but programming GPS or scrolling through apps on a mounted phone can still lead to distractions that could result in a collision.
How Do I Prove the Driver That Hit My Car in Windsor Was Distracted?
As the victim, you have the legal burden of proving a distracted driver caused the crash and resulting injuries and other damages. Evidence that may help to strengthen and support your claim includes:
- Police Reports: If officers attended the scene, they may have noted distracted driving behaviours or issued tickets for phone use or other distractions.
- Witness Statements: People who saw the other driver using their phone, eating, or doing other activities before the crash can provide valuable testimony.
- Phone Records: The driver’s mobile phone records could prove if they were calling, texting, or using apps when the accident happened, though these usually require legal action to obtain.
- Camera Footage: Traffic cameras, business security cameras, or dashcam recordings might capture the driver looking at their phone or engaging in distracting activities.
- Physical Evidence: Items like open phones, spilled food, or makeup on the driver’s lap can indicate what the driver was doing during the crash.
At Greg Monforton & Partners, we have the staff and resources needed to preserve and gather this evidence on your behalf. This includes preserving surveillance or traffic video footage, obtaining cellphone records, and even consulting with accident reconstruction specialists when needed.
Crash debris gets cleared away within hours of a crash, and other evidence, such as traffic camera footage, gets overwritten within 15 days or less. Witnesses, who have no vested interest in the outcome of your case, start to forget critical details very quickly after the accident, making it important to get a statement early on.
What Types of Distracted Driving Crashes Are Most Common in Windsor?
The most common types of distracted driving crashes in Windsor happen when drivers lose control of the car and do not have enough time to avoid hitting another car.
Rear-End Collisions
Rear-end car crashes are a very common type of distracted driving crashes, often occurring when drivers are texting or looking away from the road due to other distractions. They are especially common at traffic lights and in stop-and-go traffic.
Intersection Crashes
Distracted drivers often miss traffic signals, fail to yield right of way, or do not see other vehicles when turning. If a driver is texting in a school zone, they risk hitting another vehicle — or worse, a student — at an intersection.
Single-Vehicle Crashes
Single-vehicle collisions often involve drivers veering off the road, causing them to hit fixed objects, such as poles or barriers. This kind of crash happens when distracted drivers drift out of their lanes or lose control of their vehicles.
Lane-Change Collisions
Distracted drivers often fail to properly check their blind spots or misjudge gaps when changing lanes, leading to side-swipe crashes or forcing other drivers to take evasive action to prevent an accident.
Understanding Ontario’s Distracted Driving Penalties and How They Impact Your Injury Case
Ontario’s distracted driving penalties are important for you and your lawyer to know because they may significantly strengthen your injury case.
Ontario has some of the strictest distracted driving penalties in Canada. First-time offenders face fines ranging from $615 to $1,000, three demerit points, and a three-day licence suspension. Repeat offenders face escalating penalties, including longer suspensions, more demerit points, and higher fines.
When a driver receives a distracted driving ticket or conviction, it could suggest that the other driver was negligent and caused your accident. Although this could strengthen your case, it is not automatic proof of liability, and other evidence could be used to prove your case.
Why You Need Legal Help for Your Windsor Distracted Driving Car Accident
You need legal help after a Windsor distracted driving accident because these cases involve complex legal issues that can significantly impact your compensation. A lawyer ensures you access all available options for compensation and does not miss important deadlines or requirements.
Insurance companies often try to minimise payouts or deny claims, such as by pressuring crash victims when they are still recovering from their injuries and are vulnerable. Our highly qualified lawyers are very familiar with these and other insurance company tactics, and we are prepared to negotiate strategically to protect your best interests.
Most personal injury lawyers work on contingency fees, meaning you pay nothing unless they recover compensation for you. This eliminates financial barriers to getting professional legal help when you need it most.
Injured in a Distracted Driving Crash in Windsor? Call Greg Monforton & Partners Today
Since liability for a distracted driving case is rarely straightforward, you may greatly benefit from having one of our experienced car accident lawyers advocating on your behalf.
At Greg Monforton & Partners, we are prepared to get to work on your behalf from day one to secure the maximum possible compensation for your medical costs, property damage, and pain and suffering losses.
Worried about costs? We help make legal representation affordable by taking injury cases on contingency. This means when we represent you, we take the upfront risks and you pay nothing out-of-pocket. We only get paid if you do.
Call our Windsor law firm to get started: (866) 320-4770
