Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Serving all of Canada. Book a consultation with us.

Preszler Injury Lawyers

Kitchener Distracted Driving Lawyer

Find out if you have a case today.

Contact our Kitchener car accident lawyers for a free consultation if you have legal questions regarding your car accident claim.

Table of Contents

Nobody expects to be involved in an accident when they get behind the wheel of their car. Unfortunately, even the safest, most responsible motorist is susceptible to collisions caused by distracted drivers.

If another driver’s recklessness caused you to sustain injuries in an automobile collision, a Kitchener car accident lawyer may be able to help you seek accountability and restitution.

Common Injuries From Distracted Driving Accidents

Although operating a motor vehicle requires a driver’s full attention, many motorists are susceptible to various distractions while driving. In Ontario, the use of electronic devices like smartphones while driving is illegal. However, across the province, motorists continue to exhibit illegal behaviours, like texting while driving, which can increase the risk of collisions resulting in serious injuries.

Accidents caused by distracted driving can have fatal consequences. They can also cause severe, life-changing injuries. Each year, more than 150,000 Canadians are involved in a motor vehicle traffic collision, resulting in injuries. Some common injuries resulting from car accidents include:

  • Spinal cord injuries
  • Degenerative and herniated discs
  • Whiplash
  • Organ damage
  • Cognitive and mobility impairments
  • Broken bones
  • Lacerations
  • Traumatic brain injury

Some injuries may require long periods of hospitalization, which may cause car accident victims to endure long absences from the workplace and incur substantial medical debt.

Although Ontario drivers are obligated to carry auto insurance, policies may not cover all of the losses resulting from severe injuries caused by a distracted driver. Accident victims who sustain catastrophic injuries, like paralysis, may no longer be able to live or work independently as a result of the collision. These serious injuries can lead to a diminished quality of life and significant financial loss.

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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their car accident claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.

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Common Causes Of Distracted Driving

Regardless of whether their vehicle is in motion, idling in traffic, or stopped at a red light, in the province of Ontario, it is against the law for a driver to use a hand-held electronic device while a driver is operating behind the wheel. Per the Canadian Centre for Occupational Health and Safety (CCOHS), the use of cell phones while driving is one of the most common distractions that can lead to serious collisions on the road. Any driver who takes their eyes off the road, even for a brief moment, can cause an accident. Accidents can happen in the blink of an eye, meaning that split seconds could mean the difference between avoiding a crash and causing a dangerous collision.

Distracted driving can also occur when drivers become more focused on other tasks, such as talking with passengers or changing the radio station.

Establishing Fault After A Distracted Driving Car Accident

Following a car accident, law enforcement officers dispatched to the scene may interview witnesses and other drivers involved in the collision in order to ascertain whether the responsible driver violated any traffic laws. Witnesses may be able to provide important details about the accident, including whether the at-fault driver was using their phone when the collision occurred. If so, responding officers might issue a citation to the driver responsible for causing the accident.

When a distracted driver causes an accident because they neglect to focus on the road, the victim’s insurance company may find them responsible for the accident. Using Ontario’s R.R.O. 1990, Reg. 668: Fault Determination Rules, insurance companies will determine each involved driver’s degree of responsibility for the accident. If a victim is found even partially responsible for the collision, the amount of accident benefits available to them may be reduced.

Even if the responsible driver has received a citation for distracted driving leading to this collision, insurance companies may not consider that factor relevant when reviewing an accident claim. If you disagree with your insurance company’s fault determination, a Kitchener car accident lawyer may be able to help you file an appeal and negotiate with the insurance company on your behalf.

Recovering Damages For Injuries

The amount of accident benefits allocated to car accident victims depends on a number of factors, including the severity of the injuries they sustained. If you believe your insurance company has improperly assessed the severity of your injuries resulting from a car accident, a Kitchener distracted driving lawyer may be able to help you submit medical documentation and other evidence to support your claim.

Injuries sustained in car accidents have the potential to be severe and to significantly impact a victim’s life and livelihood. Severe injuries may limit a victim’s ability to engage in the same activities they enjoyed before their accident, like working independently or living an active lifestyle.

If you’ve suffered permanent, debilitating injuries as a result of a collision caused by a distracted driver, you may be eligible to recover damages for:

  • Lost wages
  • Future loss of earnings
  • Unreimbursed medical expenses
  • Pain and suffering

In order to help eligible victims recover these damages, a Kitchener car accident lawyer may be able to collect and analyze the following evidence:

  • Medical bills
  • Vehicle repair and replacement assessments
  • Medical records
  • Police reports
  • Correspondence with insurance companies

A distracted driving accident lawyer serving the Kitchener area may also be able to help meet time-sensitive filing deadlines, so accident victims can prioritize their recovery.

Call Preszler Injury Lawyers For Help

If you’ve been injured in a car accident caused by a distracted driver, you may be eligible to pursue compensation. A Kitchener car accident lawyer may be able to offer useful assistance and advice. Call Preszler Injury Lawyers today for a free, initial consultation about the circumstances of your accident.

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Award Winning Personal Injury Law Firm

We are proud to be one of Canada’s oldest and long-standing personal injury law firms. Since 1959, we have been providing exceptional legal services and have established ourselves as leading personal injury lawyers in the Canadian legal community. It’s not just the awards that recognize our achievements, but also the wins we’ve achieved for thousands of Canadians with their car accident claims.

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Case Results

car accident Settlements

Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some car accident related wins we’ve had for our clients.

Settlement

Car Accident

$8.05M

We successfully obtained this settlement for a very deserving client involved in a car accident.

Settlement

Car Accident

$3.1M

In this case a family lost their father in a car accident. The settlement amount was made to the surviving spouse and children of the deceased.

Settlement

Car Accident

$2.57M

Client Injuries: Traumatic brain injury with soft tissue injuries.

Settlement

Car Accident

$2.2M

A pregnant woman was driving a car and was subsequently hit by another car. She eventually gave birth to a child with cerebral palsy as a result of this accident.

Settlement

Car Accident

$2.20M

Vehicle hit by transport truck which was changing lanes. Client Injuries: Psychiatric impairments.

Settlement

Car Accident

$2.05M

Client Injuries: Mild traumatic brain injury with ongoing cognitive impairments

Settlement

Car Accident

$1.65M

Client Injuries: Mild traumatic brain injury with ongoing cognitive impairments

Settlement

Car Accident

$1.625M

Vehicle struck by another vehicle making a U-turn. Client Injuries: Headaches, vision issues, chronic pain and psychological issues

View More Results

Download Our "Car Accident Lawsuits in Ontario" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how car accident claims work.

Car Accident Lawsuits in Ontario

This guide to car accident lawsuits in Ontario will help you:

  • Understand your rights after a car accident in Ontario
  • Learn how and when to file a lawsuit against an at-fault driver
  • Explore the types of damages you can pursue, including pain and suffering, loss of income, medical expenses, and more
  • Identify the key steps in a car accident claim
  • Know what kind of evidence to collect to strengthen your claim
  • Understand how limitation periods and other legal deadlines will affect your claim
  • Discover how a personal injury lawyer can help you on your legal journey to compensation
  • And more
Download Our E-Book

Download Our "Statutory Accident Benefits Schedule" E-Book

Here’s an e-book you might find useful if you’re interested in learning more about how accident benefit claims work.

Statutory Accident Benefits Schedule

In this ebook, you’ll learn about:

  • How to apply for Accident Benefits
  • Eligibility requirements for Accident Benefits
  • Benefits and compensation available to workers and non-earners
  • Benefits and compensation for caregivers of injured individuals
  • Benefits available for medical and rehabilitation expenses
  • Benefits available for death and funeral expenses
  • The difference between minor injuries and catastrophic impairment injuries
  • How a motor vehicle accident lawyer can help you ensure you receive all of the compensation you’re entitled to through SABS
  • And more
Download Our E-Book

car accident FAQs

Here are some commonly asked questions for car accident claims

Loss of income benefits are typically paid to injured victims of motor vehicle accidents once their claim has been approved by their auto insurance provider. To receive these benefits, you may be required to provide your insurer with documentation from your employer, physicians, and other medical experts stating that your injuries prevent you from working. You will not be granted loss of income benefits for any wages lost during the first 7 days after the injury-causing collision, however you may be eligible to claim lost income for missed working days after that time limitation has elapsed.

If your injuries meet the threshold of catastrophic impairment, you may be entitled to additional benefits such as increased medical and rehabilitation benefits, attendant care benefits, and housekeeping and home maintenance benefits.

Close family members of a person who has been injured or killed in a motor vehicle accident may be able to sue the at-fault driver for their own losses such as loss of care, guidance, and companionship.

The amount of income replacement benefits you can receive will depend on your pre-accident income, but typically these benefits can cover up to 70% of your gross income before the accident, up to a maximum of $400 per week. If you pursue a civil claim against the at-fault driver whose negligence caused your collision, you may be able to recover 100% of your gross income loss and earning capacity after the trial.

Read More FAQs

Got more questions?

If you have more questions or need legal help regarding car accident claims, contact our legal team for help.

We’re happy to help.

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