Higher speeds on Ontario highways may lead to more collisions

By Paul Russell, LegalMatters Staff • As speed limits rise on sections of 400 series highways across the province in July so may the risk of getting into a serious accident, says Ontario disability and personal injury lawyer Joshua Goldberg.

“Most of us love long drives in the summer, whether we are going to a friend’s cottage or some other special destination,” says Goldberg, principal of Joshua Goldberg Law. “But we always have to keep in mind the inherent risks associated with driving, especially at a high rate of speed.”

According to the Ministry of Transportation, 46,137 drivers in Ontario were involved in fatal and personal injury collisions in 2022, with close to 600 people losing their lives.

“Automobile accidents are a leading cause of injuries that require hospitalization,” Goldberg tells LegalMattersCanada.ca. “Once the speed limit is raised on certain sections of 400 series highways, we could see more collisions in those areas.”

According to a  provincial government announcement, on July 12 the speed limit will be permanently raised to 110 km/h on most of these provincial highway sections, with the remainder coming into force before the end of the year:

• 401, Tilbury, extending the existing 110 km/h zone further east by seven km
• 401 from Hwy 35/115 to Cobourg (approximately 35 km)
• 401 from Colborne to Belleville (approximately 44 km)
• 401 from Belleville to Kingston (approximately 66 km)
• 401 from Hwy 16 to Quebec boundary (approximately 107 km)
• 403 from Woodstock to Brantford (approximately 26 km)
• 403 from Brantford to Hamilton (approximately 14.5 km)
• 406 from Thorold to Welland (approximately 13 km)
• 416 from Hwy 401 to Ottawa (approximately 70 km)
• 69 from Sudbury to French River (approximately 60 km)

“These evidence-based increases are a common-sense change to make life more convenient for Ontario drivers while bringing our highway speed limits in line with other Canadian provinces,” states Prabmeet Sarkaria, Ontario’s Minister of Transportation.

B.C. highway speed limit is 120 km/h

The news release notes that Alberta, Manitoba, New Brunswick, Nova Scotia and Saskatchewan have a maximum speed limit of 110 km/h while in British Columbia, the maximum speed limit is 120 km/h.

Thirty-six per cent of Ontario’s highway network will be affected once the permanent increase in speed is made across the province, the news release adds.

“Higher speed limits are not new for Ontario,” Goldberg says. “People who were driving in 1975 may remember that the posted highway speed limit in Ontario was 70 miles per hour (113 km/h) in many areas before being reduced due to the energy crisis,” he says.

While the Ontario government claims that most of Ontario’s highways were designed to safely accommodate speed limits of 110 km/h., a B.C. study found a direct correlation between higher speeds and more accidents on the highways.

“Our evaluation found increases in fatalities, injury, and total crashes on the road segments where speed limits were increased,” states a news report, referencing a study led by an emergency room physician and co-authored by road safety engineers at the University of British Columbia.

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“There was a marked deterioration in road safety on the affected roads,” the story adds. “The number of fatal crashes more than doubled (a 118 per cent increase) on roads with higher speed limits.”

A report by the Ottawa-based Traffic Injury Research Foundation notes that speed is a contributing factor in one in four fatal accidents in Canada.

“Speed is a key factor in both crash occurrence and severity,” it states. “High speeds reduce the ability of drivers to stop in time, it reduces the maneuverability of the vehicle to avoid a crash, limits drivers’ ability to safely negotiate curves and corners, and causes them to misjudge gaps or distance between vehicles.

“So while it may not seem risky to drive only 10 km/h above the speed limit, in fact it more than doubles crash risk,” the report adds.

Goldberg says it will be interesting to see what happens across Ontario after July 12.

‘Increase may not make much of a difference’

“Most of us are already driving at 110 or 120 kilometres an hour when we can, so the increase may not make much of a difference,” he says. “However, if people feel they can then drive at 130 and 140 kilometres an hour, there will be more accidents, with more severe injuries.”

If anyone is involved in any accident, Goldberg advises them to promptly seek medical attention for injuries.

“Document those injuries and ask for medical records,” he says, explaining they will be relevant if you are going to seek compensation afterwards.

“If the combined damage to vehicles is $2,000 or more, the Ontario Highway Traffic Act requires you to report the accident to police,” Goldberg says.

He also advises people to speak to a personal injury lawyer as soon as they can.

“Ontario’s no-fault insurance system means that everyone is entitled to accident benefits, even if you caused the crash,” Goldberg says. “However, insurance companies may attempt to deny parts of your claim. A personal injury lawyer can help ensure you receive what you are entitled to.”