A 33-year-old man died after a three-vehicle crash at St. Luke Road and Seminole Street in Windsor on Sunday. Ontario’s Special Investigations Unit is now investigating, since the crash occurred after a pickup truck failed to stop for police.
SIU Investigates After Pickup Truck Fails to Stop
According to a statement from the SIU and reported by CBC News, a Windsor police officer saw a pickup truck of interest travelling northbound on St. Luke Road at around 4 p.m. Sunday and attempted to conduct a traffic stop.
The pickup truck did not stop, but instead sped away, travelling northbound. The pickup was then involved in a collision with two other vehicles, including a Dodge Journey. The driver of that SUV died from their injuries.
The SIU is asking anyone with information, video, or photos to come forward.
What the SIU Does and Why It’s Investigating This Crash
Ontario’s Special Investigations Unit is a civilian oversight agency, independent of police, that automatically investigates any incident involving police that results in serious injury or death, regardless of how the incident unfolded or who was ultimately responsible. Its involvement here reflects that standard legal requirement, not any conclusion about how the crash happened.
Why an SIU Investigation Doesn’t Assume Fault by Anyone in Advance
The purpose of SIU involvement is to ensure there is an independent investigation to examine and determine the facts of what happened. It is not to point fingers or presume an outcome before that investigation is completed.
Based on what has been reported so far, the pickup truck failed to stop when police attempted a traffic stop, but sped away before the collision occurred. The SIU’s review will help clarify the full sequence of events, including what role, if any, each vehicle played in contributing to the crash.
Legal Options When a Driver Flees and Causes a Fatal Crash
A driver who fails to stop for police while speeding away poses a significant road hazard to other drivers and vulnerable road users. When a driver’s decision to act recklessly leads to a fatal crash, those actions become the central focus of any civil claim the victim’s family may pursue.
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.
Why a Multi-Vehicle Crash Can Involve More Than One Claim
When a crash involves three vehicles, each person affected, whether a driver, passenger, or family member of someone killed, may have a separate claim depending on their own losses and their relationship to what happened. A lawyer can help identify every avenue of compensation that may apply to a specific situation.
Frequently Asked Questions
Here are answers to some of the questions families often have after a fatal crash connected to a police incident.
Does an SIU investigation affect a family’s ability to pursue a civil claim?
No, a civil claim can proceed independently of an SIU investigation, since the two serve different purposes and operate under different processes. A lawyer can begin gathering and preserving evidence without waiting for the SIU’s findings.
Can a family pursue a claim against the driver who failed to stop, even before charges are laid?
Yes, a civil claim doesn’t depend on criminal charges being filed first. A lawyer can pursue compensation on a family’s behalf regardless of the outcome of any criminal proceedings.
What’s the difference between a family’s claim and a claim brought through the estate?
A family’s claim, under the Family Law Act, compensates surviving relatives for their own losses, such as funeral costs and the loss of companionship. A separate claim brought through the deceased’s estate can address losses the person themselves experienced, such as pain and suffering, before their death.
How long do we have to look into legal options after a fatal crash in Ontario?
In most cases, Ontario law allows two years from the date of death to file a claim. It’s best to speak with a lawyer as early as possible so evidence isn’t lost.
What if there were multiple vehicles and multiple people affected by the crash?
Each person affected by a multi-vehicle crash may have a distinct claim based on their own losses and circumstances. A lawyer can help sort out how different claims may apply to a case like this one.
When a Fatal Crash Raises More Than One Set of Questions
A crash like this leaves a family grieving and with a lot of answered questions about what happened and why.
At Greg Monforton & Partners, our Windsor-based car accident lawyers have built a reputation for helping victims and families harmed in serious crashes. We have spent decades advocating for victims in Windsor and throughout Essex County to get answers, justice, and fair compenstion.
If you or a loved one were injured in a crash caused by someone else’s negligence, we’d like to help. You can call our offices 24/7 and request a free case review with a qualified member of our legal team. We can answer your questions and help you understand what legal options you may be available. If you have a case, you are not obligated to hire our firm, but if we represent you, we will work tirelessly on your behalf to secure the compensation you need and deserve. There are no upfront costs or fees to pay when we represent you. We only get paid if you do.
Call Greg Monforton & Partners for a free consultation. (866) 320-4770 We would be honoured to help you.
