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Lambton County OPP and emergency crews were called to Bentinck Street at approximately 10:45 p.m. on December 31 after receiving reports of a single-vehicle car accident. When first responders arrived, they discovered a vehicle had crashed into a tree.
Sadly, the driver sustained fatal injuries in the collision and was pronounced deceased at the scene.
Following the crash, Bentinck Street was closed to traffic between Cameron Street and Moore Street for several hours to allow investigators to examine the scene. The road has since been reopened.
Lambton OPP, along with the the OPP West Region Traffic Incident Management Enforcement (TIME) Team are continuing their investigation to determine what happened.
Police ask that anyone with video footage, general information about the crash — or who saw it happen, to contact Lambton County OPP or Crime Stoppers.
Read the full details from the original news report here.
Is There a Claim When Only One Vehicle Was Involved?
Many people assume when one vehicle is involved in a collision, the driver must have been at fault and no legal claim is possible. Unfortunately, many families and injured parties may not look into possible legal options — when they may actually have grounds for a claim.
Driver error may often cause single-vehicle collisions, but sometimes these crashes can result from numerous factors that are beyond the driver’s control. A thorough investigation is necessary following a single-vehicle collision to determine what truly caused it and whether another party’s negligence may have played a role.
Some possible scenarios where third party negligence may have been a contributing factor include:
- Road conditions or poor road design.
- Inadequate signage – such as a poorly marked construction zone.
- Improperly maintained roadways.
- Vehicle defects that a manufacturer knew or should have known about.
- Weather conditions such as black ice, standing water, or reduced visibility.
- Another driver who contributed to the crash but had no contact with the vehicle.
When another party’s negligence contributes to a single-vehicle collision, the injured driver may have grounds to pursue a personal injury claim. If the collision results in a fatality, the victim’s family may have grounds to pursue a wrongful death claim.
Ontario law provides legal pathways for victims and their families to hold negligent parties accountable. For surviving victims, this means being able to pursue compensation for medical expenses, lost income, pain and suffering, and other damages. For families who have lost a loved one, wrongful death claims can provide financial security while holding those responsible accountable.
Who Can Pursue a Wrongful Death Claim in Ontario?
Under Ontario’s Family Law Act, certain family members may pursue compensation for their loss, including:
- 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 child’s guidance, care, and companionship.
- Siblings: In some circumstances, brothers and sisters may also have a claim for their loss.
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.
Frequently Asked Questions About Fatal Collision Claims
What compensation is available in a wrongful death claim?
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 pecuniary losses.
How long do families have to file a wrongful death claim?
Ontario imposes strict deadlines for wrongful death claims. Generally, claims must be filed within two years of the victim’s death. However, certain circumstances may affect this timeline, which is why it is crucial to consult with a lawyer promptly to protect your family’s legal rights.
What if the cause of the collision is still under investigation?
You do not need to wait for the investigation to conclude before consulting with a lawyer. In fact, it’s important to seek legal advice early so evidence can be preserved and your family’s interests are protected. An experienced wrongful death lawyer can conduct an independent investigation while police complete their own inquiry.
Can multiple family members make separate claims after a wrongful death?
Yes. Each eligible family member can pursue their own claim for their individual losses. While the claims may be advanced together for efficiency, each family member’s relationship with the deceased and their specific losses are considered independently.
What if we’re not sure anyone else was at fault for the single-vehicle collision?
Even in single-vehicle collisions, liability is not always straightforward. An experienced lawyer can investigate factors you may not have considered, such as road conditions, vehicle defects, or municipal liability. Many families are surprised to learn that negligence by a third party contributed to their loved one’s death. A thorough investigation is essential to understand all potential causes.
Contact Our Compassionate Wrongful Death Lawyers
Losing a loved one in a motor vehicle collision is an unimaginable tragedy. No amount of compensation can replace the person you’ve lost, but if you are eligible to pursue a wrongful death claim, it can help to provide for unexpected costs and additional financial security while also holding the at-fault party responsible.
At Greg Monforton & Partners, our experienced wrongful death lawyers in Windsor have seen firsthand the devastation and grief families suffer after losing a loved one. When we represent you, we manage your case with the compassion and respect your family deserves while aggressively pursuing justice on your behalf.
Call today to find out if you may have a case. There are no upfront fees or out-of-pocket costs – you only pay if we successfully recover compensation for you.
Call Greg Monforton & Partners today to request a FREE case review. (866) 320-4770
