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Windsor Police are searching for a suspect following a hit-and-run collision that injured a cyclist over the weekend and a subsequent vehicle fire investigators believe may be connected to the incident.
Officers responded to Wellington Avenue just after 3 p.m. on Saturday following reports of a collision involving a cyclist. According to police, the victim was travelling northbound when a vehicle struck him from behind.
The suspect vehicle then collided with a parked car in a nearby driveway, forcing that vehicle into a utility pole. Rather than stopping to render assistance or exchange information, the driver fled the scene.
The cyclist sustained non-life-threatening injuries in the collision.
Burned Vehicle Discovered Next Day
The following day, emergency services were called to Charl Avenue, where a badly burned grey 2017 Chevrolet Cruze was discovered. Fire crews found a jerry can near the vehicle, and the car had sustained significant fire damage.
Investigators now believe the burned vehicle may be the same one involved in the Saturday hit-and-run. Windsor Police are urging residents and business owners in both areas to review any surveillance camera footage that might assist the investigation.
Anyone with information is asked to contact the Windsor Police Service Traffic Enforcement Unit at 519-945-9645 ext. 7032.
Read the full details from the original news report here. (Link to original article)
The Serious Consequences of Leaving the Scene of an Accident
Failing to remain at the scene of a collision is a serious criminal offence under the Criminal Code of Canada. When a driver strikes another person or vehicle and flees without stopping, they face significant legal consequences including substantial fines, licence suspension, and potential imprisonment.
For victims of hit-and-run collisions, the driver’s decision to flee compounds an already traumatic situation. Cyclists are particularly vulnerable road users who face catastrophic injuries when struck by motor vehicles. Being hit from behind gives cyclists no opportunity to react or protect themselves, often resulting in serious head injuries, spinal trauma, broken bones, and road rash.
When the at-fault driver flees, victims are left without immediate assistance and may struggle to identify either the vehicle or motorist involved. This creates additional challenges when victims need to seek compensation for medical expenses, lost wages, and other damages.
Who May Be Held Liable After a Hit-and-Run Cyclist Collision?
Even when a driver flees the scene, several parties may potentially be held responsible:
- The Hit-and-Run Driver: If police successfully identify and locate the driver, victims can pursue a personal injury claim against the at-fault motorist for all damages resulting from the collision.
- Vehicle Owner: If the driver was operating someone else’s vehicle, the registered owner may be held liable under Ontario’s vicarious liability principles, particularly if they lent the vehicle to someone they knew to be uninsured or an unsafe driver.
How Can Victims Recover Compensation After a Hit-and-Run?
Ontario law provides several avenues for compensation when the at-fault driver cannot be immediately identified or is uninsured:
- The Victim’s No-Fault Auto Insurance Benefits: Regardless of fault, injured cyclists may be entitled to accident benefits through their own auto insurance policy (or a family member’s policy) for medical expenses, rehabilitation, and income replacement. These benefits are available immediately and don’t require identifying the at-fault driver.
- Motor Vehicle Accident Claims Fund: When the at-fault driver cannot be identified or located, victims can make a claim through the Motor Vehicle Accident Claims Fund for additional compensation beyond accident benefits, including pain and suffering and other damages.
- Uninsured/Underinsured Motorist Coverage: If the hit-and-run driver is eventually identified but lacks sufficient insurance to cover the victim’s damages, uninsured/underinsured motorist coverage through the victim’s own policy may provide additional compensation.
Frequently Asked Questions About Hit-and-Run Cyclist Accidents
What should I do immediately after being hit by a vehicle as a cyclist?
Call 911 immediately to report the collision and request medical assistance, even if injuries seem minor. Adrenaline can mask pain, and some injuries may not be apparent initially. Try to note any details about the vehicle, including colour, make, model, licence plate number, or distinctive features. Look for witnesses and ask for their contact information. If you’re physically able, photograph the scene, your bicycle, and any visible injuries.
Can I still pursue compensation for a hit-and-run if the driver is never found?
Yes. Ontario law provides protection for victims of unidentified motorists through the Motor Vehicle Accident Claims Fund. Whilst the process differs from a standard claim, you can still seek compensation for medical expenses, lost income, pain and suffering, and other damages. Working with an experienced Windsor personal injury lawyer ensures you navigate this process correctly.
What if police locate the driver of a hit-and-run but they have no insurance?
The Motor Vehicle Accident Claims Fund covers situations where the at-fault driver is uninsured. Your lawyer can help you file a claim with the fund to ensure you receive the compensation you deserve, regardless of the driver’s insurance status.
How does evidence like surveillance footage help my bicycle hit-and-run case?
Video evidence can be crucial in hit-and-run cases. Surveillance footage may capture the vehicle’s licence plate, make and model, distinctive features, or the driver’s identity. This evidence can help police locate the suspect and provides strong proof of fault in your personal injury claim. If you’re aware of cameras in the area, inform police immediately so footage can be preserved.
What compensation might be available for a cyclist hit-and-run victim in Windsor?
Victims may seek compensation for current and future medical expenses, rehabilitation costs, lost wages and diminished earning capacity, bicycle repair or replacement, pain and suffering, and any permanent impairment or disability. The specific compensation available depends on the severity of injuries and their impact on your life.
Contact Our Knowledgeable Bicycle Accident Lawyers
If you’ve been injured in a hit-and-run collision while cycling in Windsor or anywhere in Ontario, you need legal representation that understands both the vulnerability of cyclists on our roads and the complex insurance issues involved in hit-and-run claims.
At Greg Monforton & Partners, our dedicated bicycle accident lawyers have extensive experience helping cyclists recover compensation after serious collisions. We fully investigate hit-and-run cases, work with police to identify responsible parties, and navigate recovery through the Motor Vehicle Accident Claims Fund when necessary.
We manage all aspects of your claim so you can focus on healing and getting back to your life. Our team works with medical experts, accident reconstructionist specialists, and investigators to build the strongest possible case on your behalf.
We offer free consultations to help you understand your legal options. . When we manage your case, there are no upfront fees to pay. We only get paid if you do.
Call Greg Monforton & Partners today today to request a FREE case review. (866) 320-4770
