In August 2016, two U.S. State Assemblymen in New Jersey caused a stir by reintroducing a 3-year-old bill that would impose fines of up to $800 for drivers caught engaging in distracted behavior behind the wheel. There was a swift reaction to the news, with some media publications declaring that police would soon be arresting residents for simply drinking coffee. One of the Assemblymen, John Wisniewski, spoke out and clarified the bill, making it clear that it would not ban drinking coffee, eating or any specific activity. A significant statement within the bill is that it requires police officers to issue a summons to drivers doing anything “unrelated to the operation of the vehicle, in a manner that interferes with the safe operation of the vehicle”.

The reality is that distracted driving is an increasingly serious concern and a major contributing factor to accidents, not only in New Jersey but in Ontario and around the world.  According to the Ontario Ministry of Transportation, a 2013 study on collisions determined that one person is injured in a distracted driving collision every half hour. Further, a driver using their phone is four times more likely to crash than a driver focusing on the road. More recently, 2015 statistics provided by the Ontario Provincial Police (OPP), showed that for the third year in a row, distracted driving was the main cause of fatal crashes in the province. Distracted driving accounted for 69 fatalities, with speeding a close second, at 61 fatalities.

Distracted driving means exactly as the name suggests: engaging in any other type of activity, while driving, that distracts from the focus of driving. While there are many actions and distractions which may contribute to the problem of distracted driving, the most common is typically texting and/or talking on the phone while driving.

The proliferation of smartphones has played a significant role in the increase of distracted driving and resulting collisions and sometimes, fatalities. It is increasingly difficult for many of us to detach ourselves from easy and continuous access to our phones, both for personal and business uses. What adds to this problem is a common and general expectation that we will respond immediately to messaging and cell phone calls.

This constant focus on and use of smartphones can sometimes lead to fatal consequences. One such incident involved Katrina Lyman, an 18-year old woman who was tragically killed in May, 2010 when her car collided with a pickup truck in Ottawa. The ensuing police investigation into the crash revealed that Katrina had posted a message to her Facebook page just moments before the crash took place, indicating that she was likely using her phone at the time of the incident.

In August 2016, the Government of Ontario released a new educational video, titled  “Save a Life Hack” aimed at reducing the use of phones while driving. This video is part of the government’s “Put Down the Phone” campaign, which states that “phones + cars = dangerous”. As the Ontario government and police continue to attempt to reduce the incidence of distracted driving, new distractions and issues arise making it more difficult to do so. For example, the current mobile craze, Pokémon Go game encourages players to use their mobile device’s GPS systems to locate, capture and train virtual creatures, called Pokémon. This app has already resulted in many distracted driving incidents in North America and elsewhere. Australia has responded to this problem by erecting signs flashing the following warning to drivers, “Don’t drive and Pokémon”.

Many Ontario municipalities periodically carry out blitzes to catch drivers who are engaged in distracted driving actions. In July 2016, CTV News reported that Waterloo Region police laid 77 charges for distracted driving, as well as 8 criminal charges.  A similar blitz was conducted in Ottawa in March 2016 resulting in 79 drivers being ticketed for talking or texting on their cellphones.

While the use of cell phones ranks as the most common contributor to distracted driving, there are other common behaviours which can cause a driver to be distracted from the road, including conversations with passengers, adjusting vehicular controls, eating and/or drinking, putting on makeup, and listening to music too loudly.

Ontario has enacted penalties for distracted driving but critics wonder whether we are doing enough, considering the rising number of injuries and fatalities caused by this problem. Ontario law largely addresses the use of  handheld devices, which are completely prohibited while driving. The fine for being convicted of distracted driving if you are an A to G license owner can range from $490 to $1,000. Follow this link for more information on distracted driving in Ontario, including tips to avoid it. Some of the most important tips include:

• Turn off your phone or switch to silent mode before getting into the car
• Record an outgoing message before leaving the house that tells callers you are going to be driving and therefore unavailable
• Silence notifications on your phone
• Ask a passenger to take a call or respond to a text for you
• Pre-set any vehicle controls you need to be adjusted before you begin driving

No call, text or game is worth injuring yourself or worse, losing your life over. Nor is it responsible or fair to potentially endanger other road users or our passengers. At Burn Tucker Lachaîne, we have seen the terrible effects distracted driving can have on the life of accident victims as well as on their loved ones. If you or someone you love was hurt as a result of a negligent driver action, please do not hesitate to call to find out how we can help obtain compensation for your losses.

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