Careless Driving Cause Bodily Harm

When a police officer investigates a traffic incident, such as an accident, or observes or receives a complaint about unsafe driving, they may issue a ticket for careless driving.

This is based on the officer’s belief or opinion that the driver was operating the vehicle “without due care and attention or consideration for other drivers on the road.”

The legal definition of careless driving, as outlined in Ontario’s Highway Traffic Act, is:

“Every person is guilty of driving carelessly who drives a vehicle on a highway without due care and attention, or without reasonable consideration for other persons using the highway.”

It’s important to note that under the Highway Traffic Act, the term “highway” refers to the roadway.

The officer does not need to prove that the driver intended to drive poorly or that their actions were deliberate—only that the driver failed to operate the vehicle with the necessary care and attention.

Careless driving & carless driving cause bodily harm are NOT criminal charges, you do not receive a criminal record.  These charges are traffic tickets under the Highway Traffic Act with serious penalties upon conviction.

The key difference between Careless Driving and Careless Driving Causing Bodily Harm is that someone was injured in the incident, which escalates the charge and consequences.

• Minor Accident vs. Serious Injury: In a minor accident, a police officer may issue a traffic ticket with a fine. However, in cases involving bodily harm, the officer requires the driver to appear in court, either by making an arrest or issuing a summons.

• Investigation Process: In minor accidents, the officer may quickly prepare an accident report or send drivers to a reporting center. Accidents involving injuries often involve a specialized team trained in accident investigation and reconstruction.

• Thorough Investigation: When bodily harm is involved, the police may conduct a detailed investigation, including gathering statements, taking photographs, and preparing an accident reconstruction. This information is then forwarded to the Prosecutor for review.

• Stronger Penalties: Upon conviction for Careless Driving Causing Bodily Harm, the prosecution will often seek more than just a fine. Typically the prosecution will be asking for an extended licence suspension, high fine and will have been considering whether or not jail is warranted.

In incidents where bodily injury has occurred, an experienced Prosecutor will be assigned to prosecute your case.  The prosecutor’s job is to take the information from the police and witnesses, and convict you of the offence. The prosecutor is not at court to help you, provide guidance, nor is there duty counsel or legal aid for traffic tickets.

Although you can always appear in court unrepresented, we strongly caution against doing so. We suggest that you give us a call and get some legal advice.

The penalties for Careless Driving Causing Bodily Harm can be more severe than those for standard careless driving due to the serious nature of the incident.

The penalties reflect the gravity of causing injury to another person. These strong penalties can dramatically affect your life including your finances, right to drive, and freedom:

• Fines: You could face a fine of no less than $2,000 and up to $50,000. This substantial range emphasizes the seriousness of the offence, particularly when it results in significant injury to others.

• Imprisonment: There is the possibility of imprisonment for up to 2 years. This is reserved for more serious cases where the injuries caused are particularly severe, and the courts see jail time as an appropriate consequence.

• Licence Suspension: Your driver’s licence may be suspended for up to 5 years. A lengthy suspension can significantly disrupt your daily life, impacting your ability to work, travel, and manage personal responsibilities.

• Insurance Consequences: A conviction for Careless Driving Causing Bodily Harm can cause a significant increase in your insurance premiums. Many insurance companies will view you as a high-risk driver, which can lead to much higher rates or even refusal to renew your policy.

• Demerit Points: A conviction will result in 6 demerit points being added to your driving record. Accumulating too many demerit points can lead to further licence suspensions.

Given the severity of these penalties, it is crucial to seek expert legal representation. OTT Legal can help challenge the evidence, negotiate lesser penalties, or potentially have the charges dropped, minimizing the impact on your life.

It was a horrible accident, a shock to all involved, my husband and I were at a loss where to go.  We spoke to a lawyer who wanted an incredible amount to help us, and then we found OTT.  When we spoke to them they were compassionate and understanding without being judgemental.  They knew what had to be done, and said would take care of everything.  There were many court dates but OTT took care of them all.  At the end I had to pay a small fine with two (2) demerit points.  Many thanks to OTT.  Mary Karrittas, Toronto.

When defending a Careless Driving Causing Bodily Harm charge, several key factors need to be considered while building a strong defence. Each of these areas plays a critical role in determining whether the charge holds up in court.

• Does the Situation Fit the Charge?: The prosecution must prove that the driver’s actions meet the legal definition of Careless Driving, which involves driving without due care and attention and causing injury. Your defence will assess if the circumstances truly align with this charge.

• How was the Injury Caused: Was the injury a direct result your actions, or did the other drivers actions result in the injury. E.g. after impact, instead of braking forthwith, did the other driver continue resulting in an injury that might not have happened, if they came to an immediate stop?

• Does the Evidence Support the Charge?: The evidence, including witness statements, police reports, and accident reconstructions, must clearly support the charge. Your lawyer will challenge inconsistencies or weaknesses in the evidence to undermine the prosecution’s case.

• Are There Any Technical Issues?: The prosecution must also address technical details, such as whether the incident took place on a roadway, the proper vehicle was involved, who was driving, and if your rights were upheld throughout the investigation.

• Trial Preparation and Winning at Trial: Preparing for trial means carefully gathering all relevant evidence, reviewing applicable case law, and developing a robust defence strategy. Effective cross-examination of witnesses and presenting a compelling defence are crucial to ensuring you receive the best legal representation and maximizing your chances of success in court..

By focusing on these and other critical areas, OTT Legal provides the best in traffic ticket defence.

For over 20 years, OTT Legal has been helping individuals charged with traffic offences by providing expert legal representation.

Founded by former police officers with extensive backgrounds in traffic and accident investigations, we bring unparalleled expertise to your case. Today, OTT Legal and its representatives are highly regarded by the courts and prosecutors as some of the best litigators in the field.

Many provincial prosecutors and even Justices of the Peace have started their careers with OTT, a testament to the high quality of our personnel and training.

Here’s what we will do for your case:

• Listen to You: We believe that understanding your perspective of what happened is crucial. We’ll take the time to listen to your account of what happened. We want to understand what happened from your point of view, and any contributing factors that may have led to the incident. This helps us build a defence tailored to your situation.

• Court Appearances: As your traffic court advocates, we will represent you in court for all preliminary proceedings, including set dates, remands, and adjournments. By law, we are authorized attend court on your behalf. You won’t need to be present unless the case goes to a contested trial, where we may request your attendance.

• Disclosure & Evidence: Once we receive the police disclosure and evidence, we’ll provide you with a copy to review. We’ll then set up a meeting with you to discuss what the police are saying and the evidence that will go before the court. We want your input, where you see discrepancies, and to let you know the details of what is being alleged. This allows us to prepare a thorough defence.

• Pre-trial Hearings and Prosecutor Review: We will arrange and attend pre-trial hearings with the prosecution to review your case. Our goal is to explore all options, including seeking a withdrawal of the charges, reduced charges and/or penalties, or preparing the case for trial if necessary.

• Trial Preparation: If the case cannot be resolved through pre-trial negotiations, we will fully prepare your case for trial. We will review the details with you, explain the legal arguments, and outline how witnesses will be cross-examined. Throughout this process, we will ensure you are informed and involved every step of the way.

• Trials: Should your case proceed to trial, you will have an experienced trial advocate fighting the charges on your behalf. We leave no stone unturned in your defence, and our strong track record of success at trial speaks to the dedication and expertise of our team.

• Client Communication: We make sure to keep you informed at every step, providing regular updates and open communication. At OTT Legal, we manage all aspects of your defence while guiding you through the process. Your role is to work with us as we build the best strategy, ensuring a smooth and effective approach to achieving the best outcome for your case. We make sure to keep you informed at every step, providing regular updates and open communication.

Shelby Brezden
Licensed Paralegal

If you’re facing a Careless Driving Causing Bodily Harm charge, the consequences can be life-changing. Don’t navigate this challenging process alone.

At OTT Legal, we are here to listen, provide expert legal representation, and fight on your behalf. With decades of experience and a proven track record, we handle every aspect of your case, from court appearances to trial preparation, ensuring you receive the best possible defence.

Contact us today and lets discuss what happened. We can answer any questions, explain your options, and give you an opinion of possible outcomes based upon our many years appearing in traffic court for accidents and motor vehicle allegations.

Together we can protect your future. Call now or fill out our contact form to get started — There is no obligation  —  calling our offices to discuss your case is free.