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Wrongful death possible in death of child

Tragedy struck the Scarborough area on the afternoon of April 21 when a child was killed in a car accident. Ontario authorities are still investigating the fatal crash that claimed the life of a 6-year-old boy and may have also injured his mother. While police have not filed charges against the driver at this time, the family may still choose to pursue a wrongful death suit. 

According to the accident report, around 3:30 p.m. the boy and his mother were walking home from school when he was struck by an SUV. The details of how the collision happened were not included in this report, but it has been confirmed that the driver stayed at the scene of the accident while witnesses contacted paramedics. The boy was rushed to a local hospital where he later succumbed to his injuries. 

Police confirmed the mother accompanied the child to the hospital, but were unable to confirm whether she had also been struck. Police have noted the area where the accident took place is known for motorists traveling at unsafe speeds. Their investigation is ongoing at this time. 

In accidents of this nature, it is not uncommon for Ontario police to forgo charges against a driver if evidence of his or her material contribution to the accident cannot be confirmed. However, provincial law provides a grieving family a civil option. In this case, the mother may be be entitled to sue for wrongful death as well as personal injury if she was hurt in the process of the accident. 

Source: CTV Toronto, "Boy, 6, struck and killed by vehicle was on his way home from Scarborough school", Rachel D'Amore, April 21, 2017

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