Careless Driving Causing Bodily Harm and Death
Careless driving causing bodily harm is an extremely serious offence in Ontario. Defined under the Highway Traffic Act, careless driving encompasses a wide range of behaviour, from a lack of attention to the outright disregard for the safety of others on the road. Incidents of careless driving that result in bodily harm are considered particularly serious, with consequences that can extend far beyond fines or demerit points.
When a driver is found to have operated a vehicle in a manner that is considered careless and someone is injured as a result, they face far more severe penalties, which also may include big fines, licence suspensions, and jail time.
Legal Definition and Overview
In Ontario, careless driving is defined under Section 130 of the Highway Traffic Act. The act specifies that a person is guilty of careless driving when they operate a vehicle on a highway without due care and attention or without reasonable consideration for other persons using the highway.
- Careless driving causing bodily harm or death is a more serious offence. It indicates that the driver’s actions led to another individual sustaining injuries or being killed.
Enforcement and penalties for careless driving are governed by the Highway Traffic Act (Section 130).
Important Considerations
- Careless driving in Ontario is a provincial offence with penalties that include fines, demerit points, and even license suspension.
- It is the onus of prosecutors to prove that the accused individual operated the vehicle in a manner that constitutes no due care and/or attention of a reasonable person in similar circumstances.
Courts assess various factors, including the nature of the driver’s conduct, road conditions, and the presence of pedestrians or other vehicles to determine whether an offence has occurred.
Penalties and Charges
Careless Driving Charge
A Careless Driving Charge under the Highway Traffic Act, is laid when police typically issue a ticket or summons, and the charge can result in fines, demerit points, and a possible suspension of the driver’s license.
- Consequences: Fine of $400 to $2,000, imprisonment for up to six months, or both.
- Driver’s license: Possible suspension for up to two years.
Factors Influencing Penalties
Severity of Bodily Harm
Judges assess the severity of bodily harm inflicted on victims as a primary factor in sentencing. Mitigating penalties often correlate with less severe injuries, while more serious injuries or deaths lead to harsher consequences. It’s important to note that If a person is injured, in either vehicle, charges can be laid.
Previous Driving Record
An offender’s previous driving record is scrutinized to gauge habitual behaviour and a continued risk to the general public. Individuals with clean records may be shown leniency.
Circumstances of the Offence
The specific circumstances of the offence also influence different penalty outcomes. Factors include whether the driver exhibited a reasonable consideration for other persons on the road and the prevailing traffic conditions.
- Accidental causes: potential for leniency in penalties
- Intentional recklessness or gross negligence: severe penalties
- Presence of aggravating factors (e.g., alcohol, drugs): heightened penalties
FAQs
What are the penalties for careless driving causing bodily harm under Ontario’s Highway Traffic Act?
Under Ontario’s Highway Traffic Act, the penalties for careless driving causing bodily harm can include fines ranging from $2,000 to $50,000, up to two years of jail time, or a combination of both. Additionally, the convicted individual may have their driver’s license suspended for up to five years.
What factors are considered in sentencing someone for causing death by careless driving?
Factors such as the driver’s past driving record, level of remorse shown, and the impact on the victims’ families are considered in sentencing. The court assesses whether the driving was a momentary lapse or part of a pattern of bad driving.
