March, 2019 | Roozlaw

How the Distracted Driving Law Affects You

The best way to stay safe while behind the wheel is to give driving your full attention. When you drive, you must be able to keep your eyes on the road at all times while still managing to glance at your side- and rearview mirrors every now and again. Fast reflexes are also an advantage as, when there is an emergency, a driver must be able to react quickly and make critical decisions in a snap.

This said, it is no wonder that multitasking while operating a motor vehicle can pose hazards to yourself and others on the road. According to the Ontario provincial police, distracted drivers are behind more vehicular accidents than any other factors. To address this concern, the government of Ontario updates the province’s distracted driving law.

Acts Considered Distracted Driving

The distracted driving laws in Ontario apply to using handheld communication or entertainment devices while operating a motor vehicle. This means that while you are driving, the law requires that you refrain from:

Using your phone to dial a number or text (except when calling 911 in an emergency)
Using a portable gaming console or tablet
View display screens that distract or are unrelated to driving, such as watching videos

Unless calling the police, fire department, or emergency medical services, you are not allowed to use handheld devices even when stopped at a red light. If you must use these gadgets, pull off the roadway or properly park your vehicle. There are, however, certain instances when you can use your smartphone or other handheld devices even as a driver, such as:

A mobile phone with an earpiece, headset, or a Bluetooth device that uses voice-activated dialling can only be used to activate or deactivate the hands-free function. Texting, dialling, or scrolling through your contacts list is not permitted.

A portable media player plugged into your car’s sound system must be activated (choosing the playlist or audio) before you begin driving.

A GPS screen can only be used if the device is mounted on the dashboard or windshield. You must input the information needed before driving.

Display screens that are built into the vehicle and perform safety functions are allowed.

Updated Distracted Driving Law

As of January 2019, the acts considered prohibited under Ontario’s distracted driving law has been updated to include eating, drinking, holding a mobile phone, grooming, reading, changing the playlist, and typing destinations into a GPS device or looking at a map. There have also been cases where drivers looking at their smartwatch or wearing earphones were convicted for distracted driving.

If found guilty of breaking Ontario’s distracted driving law, the penalties you may face would depend on the kind of licence you have and how experienced you are as a driver. Individuals who hold A, B, C, D, E, F, G, or M licences face more severe penalties when convicted:

First conviction

- A fine of $615, if settled out of court
- A fine of up to $1000, if the ticket is contested in court (and you lose) or if a summons is received
- A 3-day suspension of your licence
- Three demerit points

Second conviction

- A $615 fine, if settled out of court
- A fine of up to $2000, if you contest the ticket in court (and lose) or if a summons is received
- A one-week suspension of your licence
- Six demerit points

Further convictions

- A fine of $615, if settled out of court
- A fine of up to $3000, if you contest the ticket (and lose) or if a summons is received
- A 30-day suspension of your licence
- Six demerit points

New drivers (G1, G2, M1, or M2 licence) who are caught breaking the distracted driving law will receive demerit points, but they will face longer suspensions:

A 30-day suspension of your driver’s licence for a first conviction
A 90-day suspension of driver’s licence for a second conviction
Cancellation of licence and removal from the Graduated Licensing System (GLS) for a third conviction.

When you’re caught breaking the law, the police will not seize your driver’s licence at the roadside. A judge’s approval must first be given before any driver’s licence can be suspended.

Careless Driving

In addition to sanctions for acts contravening the new distracted driving law, authorities may also charge you for careless driving. This happens when you endanger other people due to any distraction, including those caused by handheld and hands-free devices.

If convicted of careless driving, you may receive the following:

$2000 in fines
A jail term of six months
A two-year suspension of your driver’s licence
Six demerit points.

Depending on how hazardous the acts performed may have been, you may also be charged with dangerous driving. This is a criminal offence that carries stiffer penalties, including jail time of up to ten years (if you cause someone to sustain bodily harm) or up to 14 years (if the incident resulted in death).

Tips for Preventing Distracted Driving

Wake up early – One reason why some drivers multitask is that their schedules are jam-packed. They eat their breakfast or fix their appearance in the car to avoid becoming late to work or their appointments. Set your alarm a few minutes earlier than the usual time you wake up to give yourself ample time to grab some food or groom yourself before you leave the house.

Use your smartphone’s safety features – Some smartphones have features like Do Not Disturb While Driving so that the notifications you receive while in the car will be limited. Some phones will allow calls to come through if your phone is connected to your vehicle’s Bluetooth system or a hands-free accessory.

Know where you’re going before you start driving – Before you pull off from your parking lot, program your GPS device. Try to familiarize the route before you leave to decrease your dependence on the device and lessen the need to glance at the GPS’s screen.

Choose the perfect playlist while parked – Some drivers like having background music while they drive to keep them focused or awake. Choose your playlist before you begin driving, as you will no longer be able to switch playlists once you start — although you may be able to change songs if your car has controls on the wheel. Newer models are more likely to have this feature.

If you must use your device, pull over safely – If you need to use your phone or other devices, pull over when you can do so safely. Be careful to do so only when it is appropriate (for example, swerving in the middle of a busy highway is a bad idea).

What To Do When Pulled Over By The Police

When you are pulled over by a law enforcer, try to stay calm. Cooperate with the officer and be careful not to do anything that they may perceive as threatening. When the police flag you, do the following:

Safely pull over as soon as the officer signals you
Show the police your driver’s licence, vehicle permit, and proof of car insurance
Cooperate with their instructions

Before the officer writes you a ticket, they will inform you of your violation. Signing the ticket is not an indication of guilt; it is the acknowledgment of your receipt of the ticket.

If you think that you have not committed any violation worthy of a traffic ticket or if you were charged with more serious offences, you may need legal help. Immediately call a lawyer for advice on what your next step should be.

If you have been involved in vehicular trouble, get in touch with Rooz Law Personal Injury Lawyers in North York. You can make an appointment by calling us at (416) 229-6000.

Defensive Driving: Stay Safe and Avoid Penalties

Driving is an essential skill that helps make life a little more convenient. Being able to drive means you wouldn’t have to depend on other people or on public transportation to go from Point A to Point B.

For many, driving is a rite of passage that signals maturity and entry into adulthood. Many parents worry about their teenagers getting behind the wheel. Learning and following the principles of defensive drivers will not only help ease the minds of anxious parents, but it will also keep you safe while on the road.

Defensive Driving

Defensive driving is using safe driving strategies that allow the motorist to identify and address possible dangers predictably, and creating a margin of error to allow for other drivers’ mistakes. Here are some fundamental principles and helpful hints for keeping safe and driving defensively:

Drive within the speed limit – You may be tempted to step on the gas, especially when the roads are empty. Even without other drivers sharing the space, driving above the speed limit is not only dangerous but can get you in trouble with the law. Always keep an eye on your speedometer and maintain a safe speed.

Avoid distractions – Distracted driving can account for many accidents that happen on the road. To address this issue, Ontario has updated distracted driving laws of the province, providing heftier sanctions and fines for drivers who fail to follow the new law. Avoid distractions while driving by keeping your smartphone on silent. If your car is of a newer model, take advantage of its Bluetooth feature so you can answer calls hands-free. However, only accept or make calls that are of utmost importance. It is still in the best interest of you, your passengers, and other people on the road that drivers give driving their full attention.

Leave some room between you and the car in front of you – Drivers are advised to keep a safe distance between them and the car in front of them. Many experts recommend the “three-second rule” to help estimate a safe distance: Find a stationary object on the side of the road. When the car in front of you passes it, start counting. At least three seconds should pass before you overtake the object.

Watch out for other drivers – When driving, it is safer to assume that everyone else is a potentially dangerous driver. This means that you must be prepared for sudden lane changes, stops, swerving, tailgating, unsignaled turns, and other undesirable driving behaviours. This is another reason why it is important to keep alert when driving and why having quick reflexes is an advantage.

Be extra alert in bad weather – When driving through fog, snow, a storm, heavy rains, or on icy roads, it pays to pay extra attention. If you’re driving through a weather condition that you’re not used to, delegate the task to a more experienced driver. Should weather conditions worsen, pull over as soon as it is safe (or don’t go out at all) and wait until the conditions improve.

Maintain your vehicle – Keeping your vehicle in optimum condition doesn’t only extend your car’s life; it is also a reasonable safety precaution. A qualified mechanic can tell you if your car has any safety issues that may need to be addressed and suggest ways on how to fix these. Some of the most common maintenance issues that lead to motor vehicle accidents include incorrect tire pressure and malfunctioning breaks.

Find a designated driver – Being under the influence of alcohol and drugs — even at low levels — can significantly reduce inhibitions, reaction time, reflexes, and ability to make critical decisions. When out drinking, agree with your buddies on who will be the designated driver. That person must stay completely sober and make sure everyone gets home safely at the end of the night.

Be aware of your medications – You can still be charged with DUI when on a prescription drug if it impairs your ability to operate your vehicle safely. Review all the possible side effects of new medications. If these include drowsiness, hallucinations, or other conditions that might compromise your ability to get behind the wheel, make alternate transportation arrangements until you know whether or not you suffer from those side effects.

Benefits of Defensive Driving

Drivers who drive defensively improve their driving skills and reduce risks by being able to anticipate situations and make well-informed decisions based on road conditions and environmental factors. Other reasons to learn defensive driving strategies include:

It is safer

Safety is one of the most compelling reasons why people choose to be defensive drivers. While you can’t be completely safe on the road, defensive driving tactics make it easier for you to avoid situations that may lead to injuries, loss of life, or property or vehicle damage.

Fewer tickets and citations

As a defensive driver, you are less likely to be penalized for traffic violations, as driving defensively includes being conscious of traffic laws and being careful not to break any of them.

Helps you qualify for car insurance

Having car insurance is mandatory for driving in Ontario. Safe drivers generally have little or no record that will cause them to be dropped by their auto insurance companies. A clean driving abstract may also prevent your insurance premiums from skyrocketing. As Ontario has some of the most expensive auto insurance rates in the country, reduced monthly premiums are unquestionably a welcome relief.

Keeps your car in good shape

Defensive driving is not only a safety measure; it is also good for the maintenance of your vehicle. Defensive drivers don’t find themselves needing to slam on their breaks and wearing their brake pads and tires quickly. If you are an aggressive driver, switch to this driving style and notice that your car will experience fewer issues.

Driving Safety for Older People

Some of the minor irritants that we accumulate as we age can become impairments to safe driving. Being aware of ways that aging can affect the ability to drive safely will allow us to look out for these situations and pre-plan coping strategies for dealing with them when they arise.

Ways that Aging Affects Driving

Slower reflexes and reaction time
Reduced vision
Difficulties with hearing
Limited movement and range of motion
Problems focusing or processing what we see and hear

As a senior, several precautions can be taken to ensure you are healthy enough to drive. Report any vision changes, dizziness, fainting spells, or new pain to your doctor. Have your vision and hearing checked regularly. Avoid driving if you are experiencing any pain, as this can restrict movement and focus. Take a defensive driving course to refresh your skills and knowledge on safe driving practices, and to keep updated on new traffic laws.

Unfortunately, no matter how safe a driver you are, your driving record will not be immaculate your whole life. At some point, you might meet an accident or violate a traffic rule. Should this happen, it is best that you are well-oriented on what steps you must take. Having a competent lawyer by your side would also be an advantage, especially if you plan to contest tickets issued to you.

If you need the assistance of an accident lawyer in North York, Rooz Law Personal Injury Lawyers is at your service. Call to book an appointment to consult with our team at (416) 229-6000.

FAQs: What to Know About Ontario’s Product Liability Laws

In 2016, the tech world was in a frenzy when a popular smartphone brand was under siege for selling defective phones. Units all around the world exploded or caught fire, causing injuries or property damage. Some airlines banned passengers from bringing the phone model onboard.

Canada has laws in place to protect you from these kinds of situations. Product liability laws see to it that products available on the market meet safety standards and the expectations of the consumers. To protect yourself from the dangers of product defects, it pays to be familiar with the basics of product liability laws. Here are some of the frequently asked questions in the field:

Q: What is product liability?

Product liability refers to when manufacturers, sellers, distributors, or another company is held responsible for a consumer’s defective purchase. Generally, Canadian law requires products to meet the ordinary expectations of the buyer. A product is considered defective when there are flaws in the design or manufacturing, or when the customer is given insufficient warning regarding potential dangers involved in the expected use of the product.

Q: How is “product defect” defined?

Tort liability arises from defects in any type of tangible personal properties. Product liability laws do not cover products that are non-tangible.

In the common law provinces of Canada (like Ontario), the complainant must prove that the product is defective. This is commonly defined as “a defective condition unreasonably dangerous to the user or consumer or to his property.” This means the product itself falls short of reasonable standards.

Generally, the product will be judged by the standard in place at the time the product entered the marketplace, not when the injury occurred.

Q: Who can be held responsible for product defects?

All parties involved in the distribution of the product are potentially liable for product liability claims if a plaintiff successfully proves negligence, including:

Manufacturers
Inspectors and certifiers
Importers, wholesalers, distributors, and retailers
Repairers and installers
Product owners

Q: Who qualifies for product liability claims?

The following conditions must be met to qualify for compensation for injuries acquired due to defects in products:

The cause of the injury must be a product as defined by the law
The injured party must show that the product was defective
The injured party must show that the defect was present at the time the product left the possession of the manufacturer, supplier, or retailer
The injured party must show that it was the defect in the product that caused the injury

Q: What kind of defects can make someone liable

There are three primary types of defects that may cause manufacturer or supplier liability:

Defects in Manufacturing
This happens during the manufacturing process of the product and includes any mistake on the part of the manufacturer, ranging from faulty materials to food contamination.
Defects in Design
This occurs when the product flaw originates before manufacturing. These flaws happen during the planning process, such as a flawed design or faulty structure.
Defects in Marketing
These are defects that arise from the marketing of the products. This includes mislabelling, failure to warn consumers of all foreseeable injuries that the product may cause, and the lack of instructions on the proper handling of the product.

Q: On what legal basis can product liability claims be made?

The defendant of a product liability claim may answer to the other party on the basis of either contract law or tort law. If there is a contractual relationship between the manufacturer and the customer, liability is typically founded on the principles of contract law, but in some cases, liability in tort law may also exist.

Seeking compensation for damages or injuries due to defective or dangerous products under tort law requires a claim of negligence. The complainant must establish the following to prove negligence:

The defendant owed a duty of care to the plaintiff with respect to the product
The product was defective or unreasonably dangerous
The defect caused or contributed to the plaintiff’s damages
The plaintiff’s damages were reasonably foreseeable

Q: On whom does the burden of proof lie?

In tort law, the burden of proof lies on the claimant. It is up to them to establish that the product was indeed defective and that the defect caused or contributed to their injuries or loss. Causation is generally tested by showing that the loss or injury would not have occurred if the defendant exercised reasonable care.

The courts will not automatically relieve defendants from liability in case other factors played a role in causing the complainant’s injuries. If there are numerous potential causes of the loss or injury, causation will be established by the complainant’s ability to prove that the negligence of the defendant played a material role in causing or contributing to it. In “failure to warn” cases, the burden of the complainant is to prove that, had there been sufficient warning, the product would have been handled as prescribed.

Q: What evidence can be presented to support claims in product liability cases?

Typically, the courts will decide liability on evidence alone. In instances where direct evidence of negligence is not available, however, the court may take circumstantial evidence into consideration to establish a prima facie case of negligence.

Q: Can the parties rely on expert witnesses to support their claims?

The court typically accepts expert evidence in the form of written reports and testimonies during a trial during product liability cases. This makes the instruction and selection of experts, and their reports, critical elements during product liability litigation.

According to the Supreme Court, expert evidence must meet the following to be admitted:

Relevant
Necessary to assist the trier of fact
Not barred by an exclusionary rule
Given by a duly qualified expert

In situations where the scientific method involved in the expert’s opinion is unorthodox, the party advancing such has to prove that the science is reliable.

Q: Can a defendant be held criminally liable for defective products?

While there are no provisions in the Canadian Criminal Code specifically related to supplying defective products, there are extraordinary circumstances that hold a supplier criminally liable for fraud or criminal negligence. Other offences found in the Criminal Code that can apply in product liability cases include the Hazardous Products Act, Food and Drugs Act, and the Consumer Packaging and Labelling Act.

If one believes that the manufacturers and distributors must be held criminally liable, there must be a separate and independent criminal prosecution. If the defendants were found liable in the context of civil law, it does not mean that they are also criminally liable.

Q: Is there a need for court approval for settlement of product liability cases?

Except in cases where the plaintiff is under a legal disability (such as being a minor), court approval is not needed to settle private legal actions.

Settling class action suits, on the other hand, requires court approval. A notice of a settlement agreement and a date of the hearing for the motion of court approval must be posted. Class members who want to object to the terms of the settlement agreement may attend the hearing and object to its approval.

Q: Can liability be mitigated or excluded?

In some cases, manufacturers and suppliers can contractually limit or exclude liability for defective products. This is commonly done through sales contracts that explicitly stipulate and set the extent of the seller’s obligations.

Q: Do Canadian courts have jurisdiction over non-Canadian companies?

Canadian courts may assume jurisdiction over the manufacturer and other parties involved in the distribution chain even if the defending party is not incorporated (or does not conduct their business) in Canada. Generally, the courts agree that when manufacturers release their products to the public, the court of all territories where the supplier or manufacturer should have reasonably foreseen that their product will be used, purchased, or consumed may assume jurisdiction over a claim.

Q: How long does a claimant have to file a complaint?

The statute of limitations of claiming product liability is within two years from the date on which the claim is discovered. This is usually defined as the date on which the product causes the injury. This period may be extended in certain circumstances such as when the claimant is not aware of, and could not have reasonably discovered, the damages suffered.

To make filing claims for injuries caused by product defects and dangers, ease the process with the assistance of an experienced product liability lawyer. They are well-equipped with the necessary skills needed to prepare the required evidence and paperwork to make your case.

If you need a tort and injury lawyer in North York and Toronto, Rooz Law Personal Injury Lawyers is at your service. Call us at (416) 229-6000 to make an appointment.

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Month: March 2019