Jul 7 2024 | Zayouna Admin

Dangerous Driving: What You Need to Know

Staying safe on Toronto roads requires vigilance behind the wheel and an awareness of your responsibilities under Ontario law. When investigating accidents and laying charges against drivers, specific wording matters. In Ontario, dangerous driving has a specific definition relevant to establishing penalties and proving negligence.

Understanding these distinctions is crucial in car accident claims. Dangerous driving, careless driving, and criminal negligence all have legal nuances relevant to your case. We will delve into the specifics of dangerous driving in Ontario, and guide anyone who ends up in an accident with a dangerous driver. With the experience of Zayouna Law Firm’s car accident lawyers, you can approach your car accident claim with confidence. 

Dangerous Driving, Careless Driving, and Criminal Negligence

If the police place charges after an accident, it will likely be for either dangerous driving, careless driving, or criminal negligence. Each of these charges carries drastically different penalties and legal considerations.

What is Considered Dangerous Driving in Ontario?

Under section 320.13 of the Canadian Criminal Code, dangerous driving is defined as any behaviour while operating a vehicle that is dangerous to public health and safety. An act can be considered dangerous driving even if no one is present. Police will consider the circumstances of the action, such as the act itself, the conditions of the location of the offence, and the traffic in the area. 

Dangerous driving is considered a criminal offence, and so can carry severe consequences which will depend on whether the act caused bodily harm or death. The maximum penalties for dangerous driving are:

• A criminal record
• Possible imprisonment–maximum sentences are 10 years for just the dangerous operation, 14 years for an accident causing bodily harm, and a life sentence for an accident causing death.
• A fine of no less than $1,000
• Possible driver’s licence suspension

The circumstances of the offence will guide the sentencing determination. Factors like road condition, driver history, previous driving record, and driver age can all have an impact on the sentence.

Some examples of behaviours that can be considered dangerous driving include:

• Driving under the influence of drugs or alcohol
• Tailgating
• Swerving in and out of traffic
• Excessive speeding
• Racing or stunt driving
• Driving distracted

What is Considered Careless Driving in Ontario?

Careless driving differs from dangerous driving in Ontario. Careless driving is not a criminal offence and is outlined in Ontario’s Highway Traffic Act R.S.O. 1990, c. H.8. According to the act, careless driving is when a driver drives without reasonable care or attention to other road users. 

The penalties for careless driving can still be substantial but are not as severe as a dangerous driving charge. Careless driving charges will usually be filed as careless driving with an accident, without an accident, or careless driving causing bodily harm or death. The maximum penalties for careless driving are:

• A fine ranging from $250 to $2,000
• A jail sentence not exceeding six months
• Licence suspension of up to two years
• Up to six demerit points

You will not receive a criminal record for a careless driving charge. The charge only affects your driver’s licence and insurance. 

Many driving behaviours can be considered careless driving. The reporting officer will assess the scene and determine whether the driver failed to demonstrate reasonable care and consideration to other persons on the road. Some behaviours that could be considered careless driving include:

• Risky or unsafe passing
• Running a red light or stop sign
• Following too close 
• Excessive speeding
• Texting while driving
• Failing to follow traffic signs

What is Considered Criminal Negligence in Ontario?

Like dangerous driving, criminal negligence is an offence under section 219 (1) of the Criminal Code of Canada. A person is considered criminally negligent when, in doing anything or omitting to do anything, shows wanton or reckless disregard for the lives or safety of other persons.

If a driver is charged with criminal negligence causing bodily harm or death, they may face a maximum penalty of up to 10 years jail time when causing bodily injury, or up to a life sentence if causing death. They may also have their licence suspended for one year. This suspension can increase with each subsequent charge up to a lifetime ban. 

Convictions for criminal driving offences will also stay on your driving record for a minimum of 10 years following the incident. 

How to Be a Better Driver

Beyond understanding the legal repercussions of dangerous driving, proactively adopting safe driving practices is important for avoiding charges and for keeping our roads safe. Here are key strategies to elevate your driving skills:

• Avoid distractions, especially texting and talking on the phone.
• Never drive under the influence
• Follow all posted speed limits
• Maintain safe following distances
• Obey all traffic signs, signals, and rules
• Keep up with your vehicle’s regular maintenance
• Stay mindful of weather conditions and adapt your driving accordingly.
• Practice defensive driving techniques, Consider taking a defensive driving course if necessary.

By incorporating these habits into your driving routine, you not only reduce the likelihood of legal complications but also contribute to a safer and more harmonious driving environment for everyone on Toronto’s roads. Safe driving is a shared responsibility, and each driver plays a role in keeping our streets and highways safe.

What to do if Dangerous Driving Causes an Accident In Toronto?

If you witness or are involved in a car accident caused by dangerous driving in Toronto, the first step is to promptly contact the police, ensuring an official record is created for subsequent investigations. Immediately after the accident, document the scene thoroughly, taking photos, gathering insurance and contact information, and collecting witness statements. This information can prove invaluable during legal proceedings. 

After the accident, the top priority should be seeking medical assistance for any injuries you may have sustained, the next step is to file an accident claim with your insurer and contact a Toronto car accident lawyer.

Zayouna Law Firm is here to support you throughout the legal process after a car accident. If you’ve experienced an accident due to dangerous driving, contact us today to schedule a free initial consultation to explore your options for pursuing compensation for your losses.