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Ontario accident could lead to wrongful death suit

A man is dead and another badly hurt following a car accident in Middlesex. Local Ontario police responded to the crash that claimed the life of a 66-year-old man on the evening of Oct. 2. For the moment, police are still investigating the cause of the crash. Even if no criminal charges are filed, personal injury and/or wrongful death suits might still be appropriate under provincial law. 

The report of the accident is inconclusive at this time. It has been confirmed that the 66-year-old man was driving his pickup truck when there was a collision involving a van in an intersection. The driver of the pickup truck was pronounced dead at the scene of the accident when medical authorities arrived. 

The driver of the van, a 46-year-old London resident, was rushed by ambulance to a local hospital with injuries described as non-life threatening. His current condition is unknown. Police have not filed charges against this driver. Given the other driver was killed in the crash, no criminal charges would be filed posthumously in any event. 

However, Ontario police will continue to investigate to determine which driver was materially responsible for the crash. Should the pickup truck driver be deemed to have instigated the accident, the injured man is entitled to file a personal injury suit against that driver's estate and anyone else with ownership interest in the involved vehicle. Contrarily, if the injured driver is found to have been at fault, the family of the deceased man could file for wrongful death. In both cases, criminal charges are not required to file in civil court. 

Source: Global News, "Victim identified in fatal Middlesex Centre, Ont. crash", Oct. 3, 2016

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