Wrongful Death Possible In Data Accident In Toronto
One man is dead and another individual was badly hurt after an accident in Cabbagetown in Toronto on the afternoon of July 31, according to police. Toronto police responded to the fatal crash just after 7:00 a.m. and are still in the process of determining what caused the accident that involved two pedestrians. Under Ontario law, the driver may face criminal charges and/or wrongful death/personal injury suits in civil court, should the victims or their families choose to file them. The accident report says a southbound passenger vehicle was travelling at a high rate of speed when the vehicle left the road and climbed onto the sidewalk. The vehicle struck two male pedestrians on the sidewalk, killing one man immediately. The second man was treated by Toronto EMS but was rushed to a local hospital with injuries described as serious but not life-threatening. The driver involved in the accident remained at the scene and apparently cooperated with police, but this does not preclude the possibility that criminal charges may yet be filed. Further investigation on the part of Toronto police is required to determine whether the driver was responsible for the crash. Police kept the intersection where the accident took place closed for most of the morning in order to facilitate their investigation. If it can be proved that the driver contributed materially to the accident, there is a possibility that the individual will face criminal charges for recklessness, negligence or other violations. Considering the accident was fatal, the charges might be more serious. Even if no charges are filed, however, the family of the deceased man and the injured man are both entitled to file wrongful death and personal injury suits in an Ontario civil court. A criminal conviction is not necessary for these suits to be successful, but police evidence pointing to the driver’s culpability could certainly be a helpful addition to any civil suit.
Source: Globalnews.ca, “Pedestrian killed, another injured after crash in Cabbagetown“, David Shum, July 31, 2017
Originally posted on: August 8, 2017