March 22, 2021 - 

John McMullin, Associate Lawyer, LETOURNEAU LLP

Distracted driving seems like one of those things that, as long as you don’t do it much, it doesn’t matter. You usually don’t check your texts while driving, but you and your best friend are talking about how their kid isn’t doing so great. Or your chequing account is diving towards zero and you see the bank’s number show up on the phone. Maybe you’re stuck in traffic and Candy Crush is the only thing keeping you sane, or you’re in a new city and Google Maps is the only thing keeping you from winding up circling the same Wendy’s for the next twenty minutes.

The reality of the situation is that distracted driving is extremely dangerous. According to the Traffic Injury Research Foundation, 1 in 4 fatal car accidents in Canada is caused by distracted driving. Drivers using an electronic device like a cellphone are up to 3.6 times more likely to get into an accident than those who don’t. If someone is using a phone on the road, it’s putting everyone else at risk.

What Counts as Distracted Driving Legally?

In Alberta, the Traffic Safety Act  sets out what counts as distracted driving; the Distracted Driving Regulation provides helpful definitions. You can’t operate a vehicle if a phone (or other screen) is on and you can see it. There are exceptions:

o  If you’re using your phone in hands-free mode, and

o  If you’re using something to track your vehicle location (such as Google Maps), driver status, or delivery of goods;

o  If you’re operating an emergency vehicle during your employment

So not all kinds of distracted driving in Alberta will get you in trouble at a traffic stop. Operating a vehicle while being distracted can attract fines and potential criminal charges. That’s good reason to avoid it.

Moreover, injuries from a car accident can change your life, or someone else’s life, forever. That’s an essential reason to avoid it. Drive safe, and drive focussed.

If you have been in a car accident, it's a great idea to speak to a personal injury lawyer about your rights and responsibilities.

Learn more about John McMullin, our Personal Injury Lawyer.

Learn more about Personal Injury Law from our website.

This article is for information purposes only and does not constitute legal advice.