Even with ongoing public awareness campaigns and tougher laws cracking down on distracted driving, it’s common to see drivers with cellphone in hand, immersed in conversation and paying little attention to the road or other drivers around them—dramatically increasing the risk of a potentially catastrophic personal injury.

Cellphone use while behind the wheel remains one of the leading causes of auto accidents. According to Transport Canada approximately 22.5 per cent of fatal collisions and 25.5 per cent of serious injury collisions in 2021 were due to distracted driving. According to a recent poll by CAA, 47 per cent of Canadians say they’ve typed or voice-dictated a text message while driving.

Research shows that texting while driving takes a driver’s eyes of the road for approximately five seconds—or about the time it would take to drive the length of a football field at 90 km an hour. CAA data finds that Canadians now believe that texting while driving poses one of the greatest threats to their safety while driving, while people who talk on a phone while driving are as much as four times more likely to get into an accident.

Put simply, the temptation to glance at a text message or answer a call while driving can result in dangerous and sometimes tragic consequences. Once more, the risks are entirely avoidable with better driving habits and planning, a willingness to use safe hands-free tools or to pull over in a safe spot when you need to make a call, send a text or look at a mobile device.

Ontario’s distracted driving laws

In Ontario, the law is clear: using a handheld communication device while driving, such as a cellphone, is strictly prohibited. Ontario’s Highway Traffic Act defines distracted driving as any activity that takes your focus away from operating a vehicle, with cellphone use being one of the most common forms of distraction. Under Ontario law, a driver may not:

• Use a handheld device to text, dial, or talk while driving
• Use a cellphone to scroll through music, browse the internet or check emails
• Use any electronic device while stopped at a red light or in traffic

The law does allow you to use hands-free devices, such as Bluetooth, but even in these cases, drivers are encouraged to minimize distractions. GPS devices can be used so long as they are mounted and programmed before you start driving.

Fines and penalties for distracted driving in Ontario

The penalties for distracted driving in Ontario are significant, reflecting the seriousness of this issue. As of 2024, if you are caught using a handheld device while driving, you can face:

• A fine ranging from $615 to $3,000, depending on whether it’s your first, second, or third offence
• Three to six demerit points
• A possible suspension of your driver’s license for up to 30 days

The penalties are even stricter for novice drivers (G1, G2, M1, M2). Instead of demerit points, these drivers face an automatic license suspension for a distracted driving conviction.

Determining liability becomes critical to any personal injury or insurance claim when cellphone use leads to an accident. Ontario courts have made it clear that drivers who cause accidents while using their phones are generally found at fault, given that the use of a handheld device is a clear violation of the law.

Court Cases and Precedents

Over the years, several court cases in Ontario have set precedents for distracted driving, particularly involving cellphone use. In one notable 2013 case, R. v. Kazemi, the Ontario Court of Appeal confirmed that holding a cellphone in your hand—even without actively using the device—constitutes distracted driving and is enough to warrant a fine and other penalties. This case is just one example of how seriously the courts treat distracted driving offences.

Distracted drivers face not only immediate fines and penalties but also long-term legal consequences, especially in cases involving injury or fatality.

How police determine cellphone use while driving

In the aftermath of an accident, especially one that’s severe, police may investigate whether cellphone use was a factor. Police can use several methods to determine if a driver was on their phone at the time of an accident:

1. Eyewitness testimonies: Bystanders or other drivers might report seeing the driver using their phone before the crash
2. Phone records: In serious cases, police can obtain a warrant to check a driver’s phone records to confirm whether the device was in active use at the time of the accident
3. Dashcam or surveillance footage: Video evidence from dashcams or nearby surveillance cameras can also show whether a driver was using their phone before the accident occurred
4. Device seizure: In cases of fatal or major collisions, police have the authority to seize the driver’s phone to examine its usage at the time of the crash

If cellphone use is confirmed, this can be a major factor in determining fault and liability in court.

What to do if you’re involved in an auto accident and cellphone use could be a factor

If you’re involved in an accident, especially where you suspect the other driver was using their phone, the first step is always to call the police. This is particularly important if there are any injuries, significant damage or the other driver was distracted by their phone at the time of the incident. The police will document the scene, collect evidence and take statements from witnesses, which can be crucial for any future legal proceedings or insurance claims.

Be sure to exchange information with the other driver and note any signs that they were using their phone, such as a device on the seat or in their hand, immediately after the crash. If possible, take photos of the scene, any damage and the surrounding area to support your case.

Whether through fines, license suspensions, or court cases, Ontario is taking a firm stance on distracted driving to ensure the safety of everyone on the road. By staying informed, avoiding cellphone use while driving and knowing your rights and responsibilities in the event of an accident, you can protect yourself and others from the devastating consequences of distracted driving.

The Leone Murray LLP team

If you’ve been involved in an motor vehicle accident, read our recent blog on the immediate steps to take after an incident occurs. If you’ve sustained a significant personal injury due to another motorist’s distracted driving, such as cellphone use, know that the Leone Murray LLP is here to provide expert legal guidance and support. Our compassionate team is dedicated to helping you manage the legal process and obtain the compensation you deserve. Contact us today for a free case assessment.

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Why choose Leone Murray LLP

Expertise: Our law firm specializes in personal injury law, which means we know the ins and outs of insurance, what you’re entitled to, and the next steps if you or your loved one is involved in a motor vehicle accident in Ontario.

Compassionate Care: We take a client-first approach, ensuring you receive both the legal expertise and emotional support you need during this difficult time.

No Upfront Fees: Some insurance providers may require you to take on additional costs related to medical assessments or specialist treatments. We pay these upfront fees on your behalf while fighting for your rights, saving that added stress so you can focus on your complete recovery.