Last month, Ontario Liberal MPP for Etobicoke Centre Yvan Baker introduced a private member’s bill, the “Phones Down, Heads Up Act,” that he hopes will curb distracted walking and improve road safety in the province. While Ontario personal injury lawyers agree that there are far too many pedestrian fatalities in Toronto and elsewhere, many have questioned the wisdom of the proposed bill.
“The purpose of this bill, first of all really, is to just raise awareness,” Baker said. “Experts tell us that if you are distracted while you’re crossing the street, looking down at your phone, then you’re at risk of hurting yourself and maybe hurting somebody else, as well.”
Baker’s bill has its supporters. Last year, after Toronto endured its most pedestrian deaths in well over a decade, city council asked the province to make crossing streets while using your phone illegal under the Highway Act. The province declined, but encouraged the city to pass its own bylaws.
Toronto police Sgt. Jeff Zammit also told the CBC that the law, which would impose a maximum $50 fine for first offences, could lead to safer streets.
“This is a great way of just saying, ‘hey, wake up because you’re going to get a ticket if you don’t, or you’re going to get injured and end up in hospital.”
However, the “Phones Down, Heads Up Act” has also prompted significant backlash, including from Ontario personal injury lawyers.
A Toronto Sun editorial complained about the law’s “nanny state” qualities, while quite reasonably pointing out that “since the potential penalty is serious injury or death, and people do it anyways, they’re not going to be deterred by a $50 fine.”
The Globe and Mail’s Andrew Clark suggested the law puts an unreasonable burden of responsibility on pedestrians.
“If we follow Heads Up, Phones Down logic, shouldn’t we be fining people who get shot for distracted walking?” he melodramatically wondered. “Surely they should have their heads on a swivel looking for stray bullets.”
The vast majority of pedestrian deaths in Ontario are caused by motorists. Rather than punish pedestrians for the foolish but relatively harmless act of reading a text while crossing, shouldn’t all levels of government be pushing for improved pedestrian and cycling infrastructure; reduced speed limits; and harsher penalties for impaired, distracted, and dangerous driving?
If you or someone you know has been injured in a car accident, contact the Ontario personal injury lawyers at Neinstein Personal Injury Lawyers today. Our team has the experience and expertise to secure fair compensation for your injuries.