Defining Careless Driving
The Highway Traffic Act of Ontario defines careless driving as driving “a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”
There is a great deal of interpretation on the part of the officer giving the violation. That officer must determine that the driver was not exercising the level of care and awareness of his or her surroundings that is required for safe driving. This can apply in many situations, whether or not an accident occurs. Careless driving charges are common in the case of accidents where one driver caused the crash due to careless actions. Police can also hand out a careless driving violation when they witness a driver performing an action on the road that shows carelessness and could potentially cause an accident, even if it did not.
Because careless driving has so much room for interpretation in the definition and relies on the officer’s judgment, it is a charge that many people consider fighting in court.