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A passenger has died several days after being seriously injured in an intersection collision near Thamesville.
The collision occurred late in the afternoon on December 29 at Selton Line and Orford Road. Police report that one vehicle entered the intersection without stopping at the stop sign and was struck by another vehicle that had the right-of-way.
A Passenger Succumbed to His Injuries on New Year’s Day
The 63-year-old male passenger was initially taken to a local hospital before being transferred to Windsor for further treatment. Sadly, he passed away from his injuries on New Year’s Day. The 81-year-old driver of his vehicle was also injured and received hospital treatment.
The driver of the other vehicle involved was not hurt in the collision.
Chatham-Kent Police Ask Witnesses to Come Forward
The Chatham-Kent Police Service Traffic Management Unit is now leading the investigation and asks anyone with information about the collision to come forward.
Contact Const. Joel Rehill directly via email at [email protected]. Alternatively, contact the Traffic Management Unit at 519-355-1092.
Read the full details from the original news report here. (Link to original article)
Liability When a Driver Fails to Obey a Stop Sign
Stop signs exist to prevent these types of devastating collisions. When drivers fail to obey traffic control devices like stop signs, they put everyone on the road at risk — including their own passengers.
Drivers Have a Legal Duty to Adhere to Traffic Signals
Under Ontario’s Highway Traffic Act, drivers must stop at a red light or stop sign. Drivers must also yield the right-of-way to traffic already in the intersection or approaching so closely that proceeding would create a crash risk. Failing to stop as required is more than a traffic violation — it is an act of negligence that can have fatal consequences.
Drivers Can Be Liable When Violating Traffic Laws Leads to a Crash
When a driver’s failure to stop causes a collision that injures or kills a passenger in their own vehicle, that passenger — or their family if the passenger suffers fatal harm — may have the right to take legal action against the driver.
The loss of a loved one is devastating enough without the added burden of medical bills, funeral expenses, and lost financial support. Ontario law recognises when negligence causes a death, and the responsible party should be held accountable. Even if the liable party was operating the vehicle the victim was riding in as a passenger.
Who May Be Liable After a Fatal Intersection Collision?
When a collision at an intersection results in serious injury or death, investigators must examine all contributing factors to determine which party — or parties — may be liable. In cases involving stop sign violations, several parties may share responsibility:
- The Driver Who Failed to Stop: A driver who fails to adhere to a stop sign can be held liable if their actions lead to a crash, causing others serious or fatal harm. This includes any harm their own passengers sustained.
- Vehicle Owner: If the negligent driver was operating someone else’s vehicle, the owner may be held vicariously liable under Ontario law. Vehicle owners have a legal duty to ensure their vehicles are only operated by competent, licensed drivers.
- Municipality or Road Authority: Though rare, inadequate signage, obstructed sight lines, overgrown vegetation, or poor intersection design may contribute to a collision. If the municipality failed to properly maintain the intersection or provide adequate warning, they may share liability.
- Other Motorists: If another driver’s actions contributed to the collision, they may also share responsibility. Some crashes can be avoided if the driver who has the right of way takes evasive action to avoid colliding with a driver who fails to stop.
Who Can Pursue a Wrongful Death Claim in Ontario?
When negligence causes a fatal collision, Ontario’s Family Law Act allows certain family members to pursue compensation for their loss:
- Spouse or Common-Law Partner: A surviving spouse or common-law partner can seek compensation for loss of guidance, care, and companionship, as well as financial support.
- Children: Both minor and adult children of the deceased can make a claim for the loss of parental guidance, care, and companionship.
- Parents: Parents can pursue compensation for the loss of their adult child’s guidance, care, and companionship.
Siblings: In some circumstances, brothers and sisters may also have a claim for their loss.
Claiming Losses the Deceased Would Have Been Eligible to Pursue
Additionally, the estate of the deceased may pursue a separate claim for losses the deceased would have been entitled to claim had they survived, including pain and suffering prior to death, loss of future income, and other damages.
When Pursuing Claims Against Friends or Family Members
Families sometimes hesitate to pursue claims when the negligent driver is a friend or family member. However, these claims are typically resolved through insurance policies rather than the individual’s personal assets. Holding negligent parties accountable through their insurance coverage provides families with the financial support they need whilst still maintaining personal relationships.
Frequently Asked Questions About Fatal Intersection Collision Claims
Can a passenger make a claim against the driver of the vehicle they were in?
Yes. Passengers have the right to pursue compensation when injured by the negligence of any driver, including the driver of the vehicle in which they were travelling. These claims are handled through the driver’s automobile insurance policy.
What if the negligent driver was a family member or friend?
Wrongful death claims in these situations are resolved through the driver’s insurance coverage, not their personal assets. Insurance exists precisely for these circumstances. Pursuing a claim provides your family with necessary financial support without personally bankrupting the driver.
How long do families have to file a wrongful death claim?
Ontario has strict filing deadlines for wrongful death claims. Generally, claims must be commenced within two years of the death. Missing this deadline can permanently bar your family from seeking compensation, so it is essential to consult with a lawyer promptly.
What compensation is available in wrongful death claims?
Family members may seek compensation for loss of guidance, care, and companionship; loss of financial support and future income; funeral and burial expenses; and grief and mental anguish. The estate may also claim for the deceased’s pain and suffering before death, loss of future income and benefits, and other losses.
What if the driver is charged criminally?
Criminal charges and civil wrongful death claims are separate proceedings. A conviction can strengthen your civil case, but you can pursue compensation regardless of whether criminal charges are laid or the outcome of those proceeding.
Contact Our Experienced Car Accident Lawyers Today
Losing a loved one in a preventable collision is a tragedy no family should have to face. When that loss results from someone else’s failure to follow basic traffic laws, the pain is compounded by the knowledge that this death could have been avoided.
At Greg Monforton & Partners, our compassionate car accident lawyers in Chatham Kent understand the complex emotions families face when considering legal action, particularly if the deceased was a friend or family member of the driver who caused the crash. We handle these sensitive situations with the care and respect your family deserves.
We offer free consultations, which means no upfront fees – we only get paid if you do.
Call Greg Monforton & Partners today to request a FREE case review. (866) 320-4770
