The law in the province of Ontario is that drivers are not permitted to use a device while operating their cars unless it is a hands-free device; otherwise, motorists can be charged under the Highway Traffic Act. Using a cellphone while driving is a serious offense under both the Highway Traffic Act and, potentially, the criminal code. If you were injured in a Barrie texting while driving car accident, consider reaching out to a skilled lawyer from Rastin Law for assistance with obtaining compensation from liable parties.
Barrie drivers are permitted to utilize cellphones if the devices are completely hands-free, even when dialing and accepting messages. Drivers are prohibited from using their cellphones for social media purposes, though. Barrie society expects drivers to keep both hands on the wheel and pay attention to the road.
Even if a driver was using a cellphone legally at the time of an accident, it could be a contributory factor to the collision. If they were distracted, for instance, because they were engaged in their own conversation to the point that they were not paying attention to the road, it could be a factor of irrelative negligence that should be enforced between the parties for not paying proper attention.
Cellphone laws apply to everyone who operates a car, regardless of their experience as a driver. Novice drivers with a G-class license may not be allowed to operate their vehicles on major 400-series highways without sufficient experience or drive after midnight. There are restrictions on when and how novice drivers may operate their vehicle, but cellphone rules apply to all drivers.
Cellphone use by a plaintiff at the time of an accident can cause them to be distracted and arguably in violation of the Highway Traffic Act, which can lead to contributory negligence. The court will likely conduct a comparative negligence analysis for both parties if the injured party and the at-fault driver were both found to be using their cellphones at the time of the accident. Comparative negligence is typically applied to determine the degree to which each party was contributorily negligent for the accident.
Both parties being distracted because they were using their cellphones could result in a finding that both parties, to a greater or lesser extent, are responsible for the accident. If liability is split, it will reduce the award to the plaintiff at the end of the case.
Defendants can ask for cellphone records to see whether the plaintiff was on their mobile device at the time of the car accident. If they were, that information could be used against them in a lawsuit, depending on the circumstances of the case.
The area of law that addresses what police and insurance companies may see when attempting to seize the phone records of drivers involved in texting while driving car accidents is a developing one in Barrie and the rest of Canada. People who have been involved in an accident with criminal liability and believe that the police are seeking their phone records or are about to charge them should consult a lawyer before they comply with any requests for their records. Whether or not they need to produce those records will depend on the specific facts of their case.
If you were recently hurt in a Barrie texting while driving car accident, do not hesitate to retain legal representation as soon as possible to ensure that your rights are protected. There are a lot of legal stipulations which go into filing a civil claim for damages that can vary greatly depending on the facts and circumstances of your case. Call our team today to get in touch with an expert-ranked lawyer.