${site.data.firmName}${SEMFirmNameAlt}
call Us TodayFree Consultation
800-511-9181

Car accidents: Ontario woman loses appeal

A woman who was found guilty of dangerous driving causing death and bodily harm has lost her conviction appeal, according to sources in London. The Ontario woman was found guilty in 2015 after the accident that killed two children and injured their mother and sister. The woman since appealed the decision, but her appeal has been overturned by the court. Such appeals are not unheard of when car accidents result in criminal convictions, nor is it uncommon for family members to pursue additional legal recourse, even in the case of a guilty verdict. 

According to the initial court records, the woman reportedly lost control of her vehicle while backing out of a parking space, causing her car to accelerate into a store front. The resulting collision killed a 6-year-old girl and her infant sister. The children's mother and their other sister were both badly hurt. The woman was charged with two counts of dangerous driving causing death, and two counts of dangerous driving causing bodily harm. She was found guilty and sentenced to community service, a driving ban and probation. 

The woman appealed the court's decision, arguing that her foot became stuck under a pedal. However, the appeal court determined that, in the five seconds it took for the impact to take place, the woman could have taken other steps to avoid the crash. Her appeal was overturned and her convictions stand. 

In fatal car accidents, Ontario law allows the family of the deceased victims to file civil lawsuits against the driver or drivers who materially contributed to the crash. In this case, the family could also sue for personal injury for the damages suffered by the mother and surviving child. While a criminal conviction is not a requirement for the success of a civil suit, a guilty verdict may be taken into consideration by the civil court.

Source: Global News, "London woman loses appeal of guilty conviction in fatal Costco crash", Jacquelyn Lebel, Feb. 8, 2017

No Comments

Leave a comment
Comment Information

Our Office Locations

Richmond Hill Office
9050 Yonge Street, Suite 102
Richmond Hill, ON L4C 9S6

Toll Free: 800-511-9181
Fax: 905-889-5325
Richmond Hill Law Office Map

Brampton Office
15 Gateway Blvd., Suite 201
Brampton, Ontario L6T 0H4

Toll Free: 800-511-9181
Fax: 905-889-5325
Brampton Law Office Map

Hamilton Office
302 Cumberland Avenue
Hamilton, Ontario L8M 2A1

Phone: 905-522-4878
Fax: 905-889-5325
Hamilton Law Office Map

Visit our blog

Blog

The was an error in retrieving the feed http://rp2361878.firmsitepreview.com/blog/atom.xml.