Getting hit by a distracted driver can turn your life upside down in seconds. One moment, you are driving home. The next is dealing with injuries, vehicle repairs, lost income, and insurance company calls. In Alberta, distracted driving is a breach of Alberta’s Traffic Safety Act. Even if the driver’s performance did not appear affected, distracted driving can result in a $287 fine and three demerit points. If another driver was texting, using a device, or not paying attention, you may be entitled to compensation.
What is Distracted Driving?
Distracted driving happens when a driver takes their eyes, hands, or mind off the road. In Alberta, distracted driving most often involves using a cellphone, reading or typing messages, adjusting navigation systems, or handling other electronic devices while behind the wheel. It can also include eating, grooming, or reaching for objects if those actions interfere with safe driving. For example, while you are not prohibited from eating a snack on the road, and could safely drive with a granola bar, it may be hard to justify your attention to the road if you are pulled over with a bowl of soup in your hands.
Under the Alberta distracted driving law, police do not need to prove that a crash occurred to issue a ticket. If an officer believes a driver was distracted, they can lay a charge even if no collision happened. When distracted driving does lead to an accident, the consequences can be severe. These crashes frequently cause serious injuries, lost wages, and long recovery periods for victims.
Distracted driving in Alberta remains a top road safety concern because of the risk it poses to everyone on the road and is outpacing impaired driving in Canada as a leading cause of injury and death. If you were hurt by a distracted driver, understanding what counts as distracted driving is an important first step in deciding whether to speak with a distracted driving accident lawyer about your options.
What Does the Alberta Distracted Driving Law Include?
Alberta has strict rules aimed at reducing distracted driving and protecting people on the road. The law focuses on preventing drivers from using handheld devices or engaging in activities that take attention away from driving.
Key parts of the Alberta distracted driving law include:
- Use of electronic devices: Drivers are prohibited from holding or using cellphones, texting, emailing, scrolling, or watching videos while driving. This includes devices resting in a driver’s hand or on the driver’s lap.
- Reading or writing material: The law also bans reading printed material such as books, newspapers, or notes while operating a vehicle.
- Personal grooming: Activities like applying makeup or shaving can fall under distracted driving if they interfere with safe driving.
- Other distractions: Any activity that takes a driver’s focus away from the road may qualify, even if it is not specifically listed.
Penalties for distracted driving in Alberta typically include:
- Fines that can increase when victim surcharges are added
- Demerit points on the driver’s licence
- Higher insurance premiums
- Possible licence suspensions for repeat offences
So, how does the Alberta distracted driving law impact you if you have been hit by a distracted driver? If the at-fault driver was distracted, the law may support your claim. A distracted driving charge can help establish fault, which is critical when dealing with insurance companies. You may be entitled to compensation for medical costs, lost income, and long-term care. Speaking with a distracted driving accident lawyer can help you understand your options and protect your rights as a not-at-fault party.
Filing a Personal Injury Claim After Being Hit By a Distracted Driver
If you were injured by a distracted driver, proving what happened is one of the most important parts of your case, but where do you start? A successful personal injury claim for distracted driving depends on showing that the other driver failed to pay proper attention and that this negligence caused your injuries.
Burden of Proof
If you are struck by a driver that you suspect was distracted, you may face a problem of being able to prove the distraction, since most distractions take place inside a driver’s car and therefore out of sight. If the driver is found to have violated Alberta’s Traffic Safety Act, that finding can strengthen your case. In some situations, the responsibility may shift to the at-fault driver to show that their conduct did not cause the crash. A distracted driving accident lawyer can help you identify what evidence is available and how to use it to establish liability.
If a driver is found to be in contravention of the Traffic Safety Act, they must prove that any damage was not caused by their conduct. But how can you prove it?
Discovery
The process of disclosing relevant material to other parties in litigation is complex and governed by Alberta’s Rules of Court. During the “discovery” process, parties are obligated to answer questions honestly and provide relevant documents under oath; if they do not, they may be compelled to do so by the court or face perjury charges or higher costs. So, if you are involved in litigation surrounding a distracted driver, that person is under a legal obligation to answer questions and provide documents that may be relevant to distraction through the discovery process.
In the unlikely event that your case goes to trial, your personal injury lawyer can “cross-examine” the other driver to expose any gaps in their testimony to convince the judge or jury that the other driver was distracted, or that there was no other reason justifying his or her conduct.
Phone Calls & Records
If you believe that the other driver was distracted by a phone call or text message, you may have relative ease in proving that the driver was distracted. These records include physical records and electronic data, and can be demanded of other parties to litigation as well as other persons through the discovery process. If a text message was sent or a call active in the moments leading up to the call, it is very strong evidence that the other driver was distracted at the time of the accident.
De La O v Chrostek, 2003 ABQB 373 (CanLII), an older case from 2003, shows the utility of phone bills to the defence to prove that a defendant was not speaking on the phone while driving at the time of the accident. The case also contains an anachronistic description by the judge of how some drivers can drive and talk on the phone without affecting their driving.
Other Distractions While Driving
Distraction is not limited to phone use. Courts may also look at surrounding circumstances that suggest a driver was not fully focused on the road.
Holizki Estate v Alberta (Public Trustee), 2008 ABQB 716 (CanLII) discusses distractions that weigh on drivers and how they can be inferred from the circumstances. It is a tragic case involving the deaths of several teenagers when an overcrowded car swerved into the path of a tow truck late at night. Ultimately, liability was shared between the two parties.
From the discussion of distraction, medical experts suggested that multiple passengers, and particularly an over-packed car, indicate that a driver is more likely to have been distracted, even without evidence of what was actually happening in the car. Fatigue, which affects drivers comparably to intoxication, also suggests liability, and evidence can be found in the defendant’s conduct leading up to the car accident.
Police reports can also support your claim. In Alberta, drivers involved in collisions must remain at the scene, and officers prepare notes that may later become evidence. Observations such as unsecured pets, loose objects, or overcrowding can help you establish that the driver was distracted.
Contact Braithwaite Boyle for a Distracted Driving Accident Lawyer in Alberta
If you believe you were injured by a distracted driver, you do not have to handle the legal process on your own. Alberta’s civil justice system allows injured people to pursue compensation when another driver’s negligence causes harm. A distracted driving accident lawyer can explain your rights, gather evidence, and deal with insurance companies on your behalf.
Braithwaite Boyle represents clients across the province, including Edmonton, Calgary, and Red Deer. If you are considering a personal injury claim for distracted driving, contact our firm to speak with a lawyer about your situation. Call 1-800-661-4902 to book a consultation and learn the next steps.