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Family could choose to file wrongful death suit against impaired driver

A horrific accident has left a young mother tragically dead and her infant son clinging to life, according to local sources. Ontario police have confirmed that a woman was killed on Highway 7/8 near Trussler and that the man who struck her vehicle was very likely impaired behind the wheel. He is currently in custody and was slated to make his first court appearance in Kitchener on Nov. 27. He may also face a wrongful death suit, depending on the desires of the family.

The accident report states the woman was travelling with her husband, mother-in-law and infant child when they were rear-ended with tremendous force by a 26-year-old man travelling the same direction. The mother-in-law miraculously avoided injury and the father was taken to hospital with non-life-threatening injuries. However, the mother and child fared far worse.

The woman was rushed to a local hospital, where she later died of her injuries. The baby boy was airlifted to Sick Kids in Toronto and remains in critical condition. The man who hit them was unharmed and was immediately arrested by police on the scene. He stands charged with eight different charges, including impaired driving causing death, refusal to submit to a breath or drug test and several more. 

If the man is convicted of these charges, he will likely face serious jail time. However, Ontario law also allows the family to file a wrongful death suit on behalf of the deceased woman, as well as personal injury suits for the father and the child. These suits would make use of the same evidence used by police to reinforce their criminal charges. 

Source: New Hamburg Independent, "Woman dead and infant injured after fatal crash on Highway 7/8 near Trussler", Scott Miller Cressman, Nov. 28, 2016

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