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Ontario mother entitled to file wrongful death claim

A tragic accident claimed the life of a 15-year-old girl in Mississauga late last year. The girl was fatally struck by a vehicle, leaving her family in mourning. Thankfully, here in Ontario, the girl's mother may be entitled to file a wrongful death lawsuit against the driver involved in the accident, even if no official criminal charges are filed. 

The accident report says the girl was walking with her boyfriend around 8:30 p.m. near Glen Erin Drive when the accident occurred. Apparently the two were crossing the street at an intersection when the crash occurred, though witnesses have given conflicting accounts as to whether they were crossing on an amber or red light. A vehicle driven by an unknown person crashed into her, causing critical injuries. 

She was rushed to a local hospital where she later succumbed to her injuries and was pronounced dead. The condition of her boyfriend was not mentioned in the report. The driver remained at the scene of the accident and cooperated with police, who have not filed charges at this time. Police have also dismissed speed as a factor in the crash. 

While it is a responsibility of all Ontario citizens to maintain awareness either on foot or in a vehicle, it is ultimately the onus of the driver to be aware of his or her surroundings, especially in inclement weather. In this case, even if the driver is not charged criminally, the family of the deceased teenager may still entitled to file a wrongful death lawsuit against him in civil court. This claim could be bolstered by police evidence from the accident scene. 

Source: CTV Toronto, "Teen killed in crash was 'beautiful, inside and out,' mom says", Rachael D'Amore, Dec. 13, 2016

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