CALL 24/7A single-vehicle crash on Communication Road near Blenheim left a 16-year-old passenger with life-threatening injuries. Both the driver and a second passenger sustained only minor injuries.
Vehicle Leaves Roadway Between Drury Line and Burk Line
Chatham-Kent Police say a 33-year-old Chatham man lost control of his vehicle just after 8 p.m. on Thursday, August 13, sending it off Communication Road, according to a Chatham-Kent Police Service media release.
Two passengers were in the vehicle at the time: a 25-year-old man from Blenheim and a 16-year-old girl from Chatham. Both passengers were taken to Chatham-Kent Health Alliance, but doctors later transferred the teen to Victoria Hospital in London due to the severity of her injuries.
Police clossed Communication Road to traffic; reopening it several hours later. Given the severity of the crash, the Traffic Management Unit took over the case, and officers are appealing to the public for anyone who may have photos, video or other relevant information about the crash to reach out to Constable Shelton Richardson at 519-355-1092 or Crime Stoppers.
A Passenger’s Legal Options Differ From a Driver’s
When a single vehicle leaves the road, the driver isn’t automatically the only person with legal options. A passenger injured in the same crash occupies a different legal position entirely, and that distinction matters for how a claim moves forward.
Why a Passenger’s Claim Doesn’t Depend on Fault the Same Way
A passenger has no control over how a vehicle is driven, so a passenger’s claim isn’t affected by any dispute over who caused the crash in the way a driver’s own claim might be. If the driver is found responsible for losing control of the vehicle, a passenger can generally pursue a claim against that driver directly, regardless of whether the driver was also injured.
What a Passenger’s Claim Can Include
A passenger injured in a single-vehicle crash may be entitled to compensation for medical treatment, rehabilitation, lost income, and pain and suffering, much like any other personal injury claim. Ontario’s no-fault accident benefits also apply to passengers, providing certain coverage through the vehicle’s insurance policy regardless of how the crash happened.
When the Injured Passenger Is a Minor
A minor injured in a crash faces some additional legal considerations that don’t apply to an adult passenger, both in how a claim is managed and how long there is to pursue one.
Why a Parent or Guardian’s Role Matters
A minor cannot bring a legal claim on their own behalf, so a parent or guardian, known as a litigation guardian, typically manages the claim until the minor turns eighteen. This role involves making decisions about the claim’s direction while it remains subject to court oversight to ensure any settlement is fair.
How Ontario’s Limitation Period Works for Minors
Ontario’s standard two-year deadline for filing a claim doesn’t run while someone is a minor, meaning a young person generally has until two years after turning eighteen to bring their own claim if one hasn’t already been started on their behalf. Starting the process earlier, while evidence is still fresh, is still worth doing regardless of that extended timeline.
Frequently Asked Questions
Here are answers to some of the questions families often have after a single-vehicle crash involving passengers.
Can a passenger sue the driver of the vehicle they were riding in?
Yes, a passenger can generally bring a claim against the driver if the driver’s actions contributed to the crash. This applies even if the driver was also injured in the same collision.
Does it matter that the driver only suffered minor injuries?
No, the severity of the driver’s own injuries doesn’t affect a passenger’s right to pursue a claim against them. What matters is whether the driver’s conduct contributed to the crash.
Who manages a claim on behalf of an injured minor?
A parent or guardian, acting as a litigation guardian, typically manages the claim until the minor turns eighteen. Any settlement reached on the minor’s behalf generally requires court approval to ensure it’s fair.
Does a minor have longer to bring a claim than an adult?
Yes, Ontario’s two-year limitation period doesn’t begin running until the minor turns eighteen. Even so, starting the process sooner helps preserve evidence while it’s still available.
Can a passenger receive accident benefits even if they weren’t at fault?
Yes, Ontario’s no-fault accident benefits system generally provides coverage to passengers regardless of who caused the crash. These benefits apply through the vehicle’s own insurance policy.
How long do we have to look into a claim for an injured passenger?
For an adult passenger, Ontario law generally allows two years from the date of the crash. For an injured minor, that period doesn’t start until they turn eighteen, though early legal advice is still valuable.
When a Passenger Is Left With the Most Serious Injuries
A single-vehicle crash can leave a passenger facing a far more serious recovery than anyone else involved, and navigating a claim on their behalf isn’t always straightforward.
At Greg Monforton & Partners, we have been helping victims injured by the negligence of others for decades. Our Chatham Kent car accident lawyers know exactly how what evidence is needed to support your claim, and we are prepared to fight for the full and fair compensation you need.
Not sure if you have a case? Don’t hesitate to call our Essex County law firm to get answers to your legal questions and a free case review. There are no upfront fees to pay when we represent you.
Call our Windsor injury law firm (866) 320-4770 to speak with a member of our legal team.
