One man has succumbed to his injuries following a two-vehicle crash in south Windsor Monday afternoon. Windsor Police’s Collision Reconstruction Unit is now investigating.
Collision Reconstruction Unit Responds to Crash Scene
Windsor Police responded to the crash at Cabana Road West and Rankin Avenue at around 1:30 p.m. Monday, according to reports in both the Windsorite and CTV News Windsor.
Arriving at the scene, officers found a sedan with significant front-end damage and a second vehicle that had overturned onto its side. The sedan’s driver was taken to hospital in critical condition and later died. The occupants of the other vehicle sustained minor injuries.
Police closed Cabana Road West to traffic between Rankin Avenue and Charlevoix Avenue to allow Members of the Windsor Collision Reconstruction Unit to investigate the scene. The area has since been reopened to traffic.
The investigation remains ongoing. Police are asking anyone who witnessed the crash, or who may have vital information , including dashcam or other video footage, to contact the Windsor Police Traffic Enforcement Unit or Crime Stoppers.
What a Collision Reconstruction Investigation Establishes
A Collision Reconstruction Unit gets called in specifically for crashes involving death or serious injury, and its work goes well beyond a standard patrol report. Reconstructionists apply physics, engineering, and forensic analysis to determine exactly how a crash unfolded.
The Physical Evidence Reconstructionists Rely On
An accident reconstruction specialist typically draws on several categories of evidence gathered directly from the scene and the vehicles involved. Specific evidence that may be useful in determining what caused the crash may include::
- Impact angles and vehicle damage: The location and severity of damage on each vehicle can show which vehicle struck the other first, and from what direction.
- Rollover mechanics: When a vehicle ends up on its side, investigators examine speed, steering input, and road surface to determine what caused it to tip.
- Roadway evidence: Skid marks, gouge marks, and debris fields all help establish speed and the sequence of events leading up to the impact.
- Vehicle event data: Many modern vehicles have event data recorders (EDRs) that record speed and braking data in the seconds before a crash, which can be extracted and analyzed.
Why This Level of Detail Matters for a Family
A reconstruction report can identify exactly how a crash happened in a way that’s difficult to dispute later, which matters both for any potential charges and for a family’s own legal options. That level of detail often becomes central evidence in a wrongful death claim.
When a Fatal Crash Leads to a Wrongful Death Claim
When a crash caused by another party’s negligence results in a death, Ontario law gives certain family members the ability to pursue compensation separate from the police investigation itself.
Family Law Act Claims
Under Section 61 of Ontario’s Family Law Act, a spouse, child, parent, grandparent, or sibling of someone killed due to another’s negligence can bring a claim for their own losses. This can include funeral and burial expenses, loss of financial support, and compensation for the loss of guidance, care, and companionship.
Survival Claims Through the Estate
Separately, the deceased’s estate may be able to bring a survival claim under Ontario’s Trustee Act. This claim covers losses the person themselves would have been entitled to, such as pain and suffering, for any period between the crash and their death.
Frequently Asked Questions
Here are answers to some of the questions people often have about hiring a lawyer after a fatal crash.
Why hire a lawyer instead of just dealing with the insurance company directly?
An insurance company’s goal is to limit what it pays out, not to advocate for your family. Our personal injury lawyers in Windsor know what tactics insurance companies may use to minimize your claim. We know exactly how to dispute those tactics and negotiate on your behalf to make sure your claim reflects the full extent of your losses.
What can a lawyer actually do that we can’t do ourselves?
A lawyer protects your family’s rights and best interests while you focus on healing, handling the legal process so you don’t have to. This includes preserving evidence before it’s lost, avoiding mistakes that could hurt your claim, and consulting with experts like accident reconstructionists when needed to build the strongest possible case.
How does a lawyer help while the police investigation is still ongoing?
A lawyer can begin gathering and preserving evidence independently, without waiting for the police to finish their work. This helps protect a family’s claim from evidence that might otherwise get lost, overwritten, or overlooked.
Does hiring a lawyer cost anything upfront?
No, our firm takes cases on contingency, so we do not ask you for any payment upfront. We only get paid if we recover compensation for you. This approach levels the legal playing field, making it possible for a family to get experienced help without an additional financial pressure during an already difficult time.
How soon after a fatal crash should we talk to a lawyer?
Speaking with a lawyer early helps preserve evidence and protects important legal deadlines before they pass. Waiting too long can make it harder to gather the information a strong claim depends on.
Injured in a Car Crash? Call Our Windsor Car Law Firm Today
At Greg Monforton & Partners, we have been helping victims injured by the negligence of others for over 45 years. Our Windsor car accident lawyers have extensive knowledge of even the most complicated types of collisions. We can investigate what happened, take immediate steps to preserve critical evidence, and work tirelessly to secure the compensation you need and deserve.
If you or a member of your family were harmed by another driver’s negligence, contact our law offices for a free case review today. We would be honoured to help you. When we represent you, there are no upfront costs or fees to worry about. We only get paid if you do.
Call Greg Monforton & Partners today. (866) 320-4770
Let our family help yours.
