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Wrongful death possible in case of fatal motorcycle crash

A decorated firefighter tragically lost his life in a car accident in North York, according to local sources. Ontario police responded to the scene of an accident involving the 30-year-old motorcyclist and another vehicle. So far, they have not filed charges against the surviving driver, but this does not preclude the family's ability to file a wrongful death suit against that individual in regard to this case. 

The accident report says the 30-year-old, who had recently appeared on the cover of a charity calendar, was headed northbound on his motorcycle on Leslie Street around 7:00 p.m. the evening of April 24 when the accident occurred. At the same time, a 46-year-old man was backing his SUV out of a private driveway. The SUV collided with the motorcycle, causing serious injury to its rider. The firefighter was rushed to a local hospital, where he later succumbed to his injuries and was pronounced dead. 

The driver of the SUV did not suffer any injuries in the crash. It does not appear that he left the scene of the accident, and it is assumed he cooperated with police and emergency services arriving on the scene. Police are continuing their investigation and have asked for the support of any witnesses in the community who might be able to help determine further details about the crash. 

Even if Ontario police do not choose to file charges against the SUV driver, it may still be possible for the firefighter's family to seek damages in the form of a wrongful death suit filed in civil court. Such suits are not contingent upon a criminal conviction or even criminal charges to be filed. However, evidence of material contribution to the accident on the part of the SUV driver would be required in this case if damages were to be awarded to the family. 

Source: CTV Toronto, "Motorcyclist killed in North York crash was off-duty firefighter", Courtney Greenberg, April 27, 2017

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