Holding Negligent Drivers Accountable
Distracted driving is one of the leading causes of motor vehicle accidents in Ontario. When drivers are not fully focused on the road, the consequences can be devastating, often resulting in severe injuries or fatalities. At Odette Rwigamba Lawyers, we help victims of distracted driving accidents seek justice and recover the compensation they deserve. Our experienced personal injury lawyers are committed to holding negligent drivers accountable and guiding you through the legal process.
What Is Distracted Driving?
Distracted driving occurs when a driver’s attention is diverted away from the road. This includes any activity that takes a driver’s eyes off the road, hands off the wheel, or mind off driving. Common forms of distracted driving include:
- Texting or talking on a phone (even hands-free)
- Using GPS devices or adjusting car controls
- Eating, drinking, or grooming while driving
- Talking to passengers or managing children in the vehicle
- Reaching for objects inside the car
In Ontario, distracted driving is illegal, and penalties include hefty fines, license suspensions, and demerit points. However, when distracted driving results in an accident, the consequences extend far beyond fines—it can leave victims with life-changing injuries.
The Impact of Distracted Driving Accidents
Accidents caused by distracted driving can result in a range of serious injuries, including:
- Whiplash and soft tissue injuries
- Broken bones and fractures
- Traumatic brain injuries (TBI)
- Spinal cord injuries leading to paralysis
- Psychological trauma, such as post-traumatic stress disorder (PTSD)
- Fatalities, leaving families devastated
Victims of these accidents often face long-term medical treatment, loss of income, and emotional distress. Our personal injury lawyers work to secure full compensation for your losses and hold the negligent driver accountable.
Your Legal Rights After a Distracted Driving Accident
If you were injured in an accident caused by a distracted driver, you are entitled to Statutory Accident Benefits (SABS) from your own insurance, regardless of fault. In addition to these no-fault benefits, you may also be eligible to file a tort claim against the at-fault driver for damages not covered by insurance.
Statutory Accident Benefits (SABS)
These benefits provide essential compensation, including:
- Medical and rehabilitation expenses
- Income replacement benefits of up to 70% of your income, capped at $400 per week
- Attendant care benefits for personal assistance with daily activities
- Non-earner benefits for those unable to return to normal activities
Our legal team ensures that your accident benefit claims are filed correctly and that you receive the maximum amount of compensation available under Ontario law.
Filing a Tort Claim for Additional Compensation
If your injuries meet the legal threshold for serious and permanent impairment, you may be eligible to file a tort claim against the distracted driver. A tort claim allows you to recover additional compensation, including:
- Pain and suffering for physical and emotional distress
- Loss of income beyond the accident benefits cap
- Medical expenses not covered by insurance
- Housekeeping and home maintenance costs
- Loss of future earning capacity if you cannot return to work
We will assess your case to determine whether you meet the threshold and help you pursue the full compensation you deserve.
How to Prove Distracted Driving in an Accident
Proving that a driver was distracted at the time of the accident can be challenging. Our legal team gathers all available evidence to build a strong case, including:
- Witness statements from those who saw the driver’s behavior
- Police reports detailing the cause of the accident
- Phone records showing calls or texts at the time of the crash
- Video footage from traffic cameras or dashcams
- Accident reconstruction reports to establish fault
We work diligently to collect and present compelling evidence, ensuring that the responsible party is held accountable for their actions.
What to Do If You Were Injured by a Distracted Driver
If you’ve been involved in a car accident caused by a distracted driver, follow these steps to protect your rights and strengthen your claim:
- Seek medical attention immediately, even if your injuries seem minor.
- Report the accident to the police and request a copy of the report.
- Document the scene by taking photos of the vehicles, injuries, and road conditions.
- Exchange information with the other driver and any witnesses.
- Report the accident to your insurance company within 7 days.
- Consult with a personal injury lawyer to explore your legal options.
Our lawyers will guide you through the process and handle all aspects of your claim, allowing you to focus on your recovery.
How Long Do You Have to File a Claim?
In Ontario, you must apply for accident benefits within 30 days of the accident. If you are pursuing a tort claim against the at-fault driver, you generally have two years from the date of the accident to file a lawsuit. Missing these deadlines can jeopardize your right to compensation. Our legal team ensures that all claims are filed on time and correctly.
Dealing With Insurance Companies
Insurance companies may try to minimize your claim or deny benefits altogether. Our experienced lawyers know how to deal with insurance adjusters and will fight to ensure you receive fair compensation. We handle all communication with insurance companies, including:
- Filing accident benefit claims
- Negotiating settlements for tort claims
- Challenging denied claims through mediation or litigation
We are committed to securing the compensation you deserve and protecting your rights throughout the process.
Why Choose Us for Distracted Driving Accident Claims?
At Odette Rwigamba Lawyers, we are dedicated to helping accident victims recover the compensation they need to rebuild their lives. When you work with us, you benefit from:
- Experienced representation in personal injury claims
- Comprehensive support, from filing claims to negotiating settlements
- Contingency fee arrangements, meaning you pay no legal fees unless we win your case
- Compassionate advocacy focused on your recovery and well-being
We understand the challenges you face and are committed to achieving the best possible outcome for your case.
