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Wrongful death possible in cyclist fatality

A man is dead after a collision in Brampton, according to local news sources. Ontario police responded to the accident around 7 a.m. the morning of Dec. 12. While both drivers remained at the scene and cooperated with police, neither has been charged with a crime as of this report. Even if no charges are filed, the deceased man's family may still choose to file a wrongful death lawsuit in connection with this tragedy. 

The accident report delivered by Peel Police's media relations states that shortly before 7, a 52-year-old man was cycling north on Dixie Road. Initially he was struck by one vehicle, causing him to collapse onto the road. At this point he was struck by a second car. He was pronounced dead at the scene by medical authorities. 

An accident reconstruction took place. Police believe snowy winter weather may have played a role in the accident. A staff sergeant went on record reminding motorists and cyclists alike of the dangers of winter travel on Ontario roadways. 

Even if neither driver is charged with a crime at the end of the Ontario police investigation, the family of the deceased cyclist may still have legal recourse available to them. Provincial law allows them the opportunity to file a wrongful death lawsuit against one or both drivers, depending upon the level of material contribution to the accident can be proven for each. Such cases are handled in civil court and can make use of evidence gathered by police in the course of their investigation. 

Source: The Toronto Star, "Brampton cyclist dies after being hit by car", Andrej Ivanov, Dec. 15, 2016

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