Why You Need a Toronto Distracted Driving Accident Lawyer
Getting hit by someone who was texting or driving drunk? It can wreck your life in seconds. For victims and their families, the aftermath of an accident can feel overwhelming. Between doctor’s appointments, mounting bills, missed work, and the emotional toll of being hurt, it’s easy to lose sight of your legal rights. That’s where we come in.
An experienced distracted driving accident lawyer understands how to build a case around negligence. They know what it takes to go up against insurers who try to downplay your injuries or shift the blame. In Toronto and across Ontario, we’ve helped injured victims recover their footing and maximize their damages.
Definition of Distracted/Impaired Driving
Let’s be clear: not all distractions are illegal, but many are dangerous. Distracted driving is any activity that takes your focus off the road. This includes texting, eating, adjusting the radio, or even talking to other passengers.
Impaired driving, on the other hand, involves operating a motor vehicle while under the influence of alcohol, cannabis, or other substances. These cases often involve blood tests, breath samples, or refusal to provide them, all of which carry serious consequences.
It doesn’t really matter if the driver was buzzed or totally intoxicated; the law treats it the same way. If a motorist’s ability to operate a vehicle is even slightly affected, they can face criminal charges under the Criminal Code of Canada.
What to Do After a Car Accident Involving a Distracted or Impaired Driver
Your health comes first. Always.
That said, there are a few steps that can protect both your well-being and your legal options:
- Call 911. Law enforcement will document the scene, take witness statements, and possibly issue citations or pursue charges if warranted.
- Seek medical attention. Not all injuries are visible, and some, like concussions or internal bleeding, can surface days later.
- Document everything. Take photos, gather contact info, and note road conditions. Every detail matters.
- Do not admit fault. Even saying “sorry” can be twisted later.
- Speak with a lawyer. An impaired driving lawyer or distracted driving accident lawyer can help you understand the next steps.
If a distracted vehicle operator caused your accident, you’re going to want experienced advocates who know how to prove it.
Was a Distracted Driver at Fault? Here’s How to Prove It
Proving fault in a distracted driving accident can be tricky. The motorist isn’t going to raise their hand and say, “Yes, I was texting.”
But your legal team will dig deeper.
Using accident reconstruction experts, witness statements, dashcam footage, and cellphone records, your lawyer can show that the at-fault driver wasn’t paying attention.
Sometimes, a mobile activity trace is all it takes. Other times, it’s inconsistencies in a driver’s statement to the police officer. In rare situations, passengers come forward.
This is where hiring the right personal injury team, people who know what to look for, makes all the difference.
Understanding Driving Offences in Distracted and Impaired Driving Cases
In Ontario, both distracted driving and impaired driving are considered driving offences. That means they can lead to charges under the Highway Traffic Act or, in more serious claims, under the Criminal Code.
Common driving charges include:
- Careless driving
- Dangerous driving
- Refusal to undergo roadside testing
- Operating a vehicle while impaired
- Causing bodily harm or death due to negligence
These are not minor infractions. They can lead to license suspension, fines, or even jail time. And if formal charges are laid, the court may involve Crown Attorneys, which elevates the seriousness of the case.
Using a Cell Phone While Driving: A Growing Danger on Toronto Roads
Ask any police officer in Toronto, and you will see for yourself how smartphone use behind the wheel is rampant. And while it might seem harmless to glance at a text, a few seconds of distraction is all it takes to miss a red light, a cyclist, or a pedestrian crossing.
Despite public awareness campaigns, many drivers continue to risk it. The results? Crashes. Serious injuries. Deaths.
Using a phone while driving is more than just careless; it’s a choice that can ruin lives. When someone makes that choice and it hurts you, they should be held accountable.
Main Causes of Distracted Driving Accidents
Distracted driving accidents are rarely caused by just one thing. Often, it’s a combination: texting during traffic, glancing at GPS, and eating while steering. One minute you’re checking your GPS, the next you’ve rear-ended someone at a red light. It happens fast. Failing to focus behind the wheel isn’t just dangerous, it’s a criminal offence when it results in harm.
For many motorists, the line between convenience and negligence blurs. But when injuries occur, that line becomes a battleground. From proving cause to securing financial remedy, your lawyer must anticipate every angle. That’s why a strong defence isn’t only for the accused, it’s also what injured parties need to win.
DUI Charges and the Impact on Your Injury Claim
If the at-fault driver received DUI charges, it can strengthen your personal injury claim. Why? Because it’s compelling evidence of negligence.
A drinking and driving charge doesn’t automatically guarantee victory in civil court, but it certainly helps. It shows the person behind the wheel violated the law and put others, possibly you, at risk.
In many claims, the presence of impaired driving charges leads to faster settlements and sometimes even harsher penalties in civil court.
But that doesn’t mean your lawyer can just coast. You’ll still need legal arguments, documentation, and a clear case linking the driver’s impairment to your injuries.
How a DUI Lawyer Can Help After an Accident
Most people think of a DUI lawyer as someone who defends impaired drivers. But in the context of personal injury, working with a team that includes experienced DUI lawyers can be a major asset.
Why?
Because they understand the nuances of impaired driving law. They know what the prosecution must establish in court. They understand how charter rights, breath sample timelines, or police errors can impact the criminal side, and that can help you on the civil side, too.
This crossover expertise is one reason many people choose our team after a serious crash. We’re not just civil litigators. We understand the criminal system as well.
Common Injuries from Impaired Driving Accidents
Serious injuries require long-term care, rehabilitation, and in some cases, permanent adjustments to how you live and work. Let’s not sugarcoat it: these are often violent crashes. High speeds, poor reflexes, and delayed braking are a recipe for disaster.
Some common injuries include:
- Brain injuries and trauma
- Fractured ribs, hips, and pelvis
- Internal bleeding
- Broken limbs
- PTSD and emotional distress
- Permanent disability
If you’ve suffered a traumatic brain injury due to an accident, our brain injury lawyer in Toronto can help you navigate the legal process.
Consequences of Distracted Driving
The consequences of distracted driving go far beyond a ticket or fine. A driver who causes an accident due to distraction may face criminal charges, license suspension, financial ruin, ongoing lawsuits, and long-term mental health struggles that don’t fade with time. These legal and emotional consequences often extend to family members, employers, and even the community at large.
If the individual operating the vehicle is found guilty, they may face harsher penalties, particularly if this wasn’t their first offence. But even a first-time violation can lead to life-altering outcomes, especially when other vehicles, cyclists, or other passengers were involved and suffered harm. The aftermath doesn’t simply disappear; it lingers.
The Role of an Impaired Driving Accident Lawyer
An impaired driving accident lawyer is not just your legal representative. They’re your strategist, your investigator, and your advocate throughout the entire legal process.
We take charge of gathering evidence, whether it’s dashcam footage, medical reports, or police documentation. We communicate directly with insurance companies to shield you from their pressure and tactics. Negotiating settlements on your behalf, we aim to secure the compensation you need without unnecessary delays. We also collaborate with accident reconstruction experts when necessary to build the strongest possible claim. And if your claim goes to court, we’re fully prepared to present it with precision and professionalism.
You don’t need to go through this alone. We’ll help you focus on healing while we focus on fighting for you.
Can Driving Charges Lead to a Civil Claim for Compensation?
Absolutely. A criminal conviction isn’t necessary to pursue a settlement, but if there are driving charges, it helps.
In personal injury law, the burden of proof is lower than in criminal court. You don’t have to show guilt beyond a reasonable doubt. You only need to show it’s more likely than not that the driver’s negligence caused the accident.
Whether the criminal lawyers win or lose their case doesn’t determine your outcome. But it can shift momentum.
Determining Liability in Distracted Driving Accidents
Proving liability in a distracted driving accident involves more than just finger-pointing.
We dig into:
- Telephone records
- Surveillance footage
- 911 call logs
- Skid marks and vehicle damage
- Medical reports
If a distracted driver caused your injuries, we’ll build a compelling case with every piece of evidence we can find. And if that means hiring specialists or subpoenaing records, so be it.
Does a Criminal Record Affect Your Distracted Driving Claim?
It can. A criminal record might make a driver less credible, particularly if they’ve had previous driving offences.
However, it doesn’t guarantee you’ll win. Each case is unique. And just as a criminal charge can bolster your claim, a prior conviction can cast a longer shadow on their defence.
That said, don’t count on their past. Build your case on what happened now.
Compensation That Can Be Recovered in a Distracted Driving Accident
The types of compensation you may be eligible for include not just obvious costs like medical bills and lost income, but also long-term and less tangible losses. That means damages for pain and suffering, physical or occupational therapy, psychological counselling, home modifications like wheelchair ramps or accessible bathrooms, ongoing or future medical care, and even out-of-pocket expenses such as transportation or assistive devices.
In some cases, your family members may also be entitled to compensation for loss of care or companionship, especially if your injuries permanently change the dynamic at home.
Each claim is different. What’s key is proving the fault, documenting the damages, and showing how it’s changed your life, not just in the short term, but for years to come. That’s what a good legal team does. We push for every dollar you’re rightfully owed.
Contact Our Distracted Driving Accident Lawyer Toronto Today
We know how difficult this is. You may be in pain, confused, or angry. That’s okay. Let us take some of the weight off your shoulders.
Our team of experienced lawyers, including personal injury, DUI, and criminal lawyers, will review your case at no cost and guide you on what to do next.
If you’re in Toronto or anywhere in Ontario, and you’ve been injured in a distracted driving accident, don’t wait. Contact us today. Let’s get started.
Avanessy Giordano LLP has specialized in personal injury law for over two decades. We have handled all types of personal injury cases from motor vehicle claims to slip and fall accidents, medical negligence, disability denials, property liability and catastrophic injuries. You can count on our legal team to always offer personalized client support.
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