Repeated use of cell phone while driving: gross and willful negligence

The employer is contesting the admissibility of a truck driver’s psychological work injury on the grounds that the accident results solely from his gross and willful negligence (27 AIAOD). The truck driver bent down to pick up his cell phone. The truck went off the road and hit a power pole. The worker alleges that he was obliged to use his phone as a GPS, without being able to set it because the truck was too old. In his view, the sunken roadway was also the cause of the accident. His injuries did not cause any permanent damage. The objection is accepted. Based on various accident reports, the Court found out that the worker had exchanged text messages with his employer while he was driving. He bent down three times, taking his eyes off the road, to pick up his phone. This is the only cause of the accident, and the repeated nature of the act makes it a gross and willful negligence rather than a simple imprudence. The worker violated the basic road safety rules. The claim is dismissed.

Sollio Groupe Coopératif (Couvoirs) et Jasmin
2025 QCTAT 2301(SST), a.j. Danick Potvin