There was a fatal accident in Markham, Ontario on Tuesday, October 12, 2022, at approximately 2 p.m..  This fatal accident in the area of Markham Road and Elson Street involved a dump truck with a trailer and an Acura with three occupants.
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The driver, a 21-year-old male, and rear passenger, a 23-year-old female, in the Acura were sadly pronounced deceased at the scene. A third front passenger, a 52-year-old female, was transported to hospital with life-threatening injuries, where she remains in critical condition.

First and foremost the wrongful death lawyers and team at Iacobelli Law Firm offer sincere condolences to the family and friends of these two young people that lost their lives in this tragic fatal crash.   We also wish the survivor a speedy and full recovery from her serious injuries. 

The 46-year-old male driver of the dump truck remained at the scene with no injuries. 

Although the police investigation remains ongoing with York Regional Police, in our view the dump truck driver and owner will have civil responsibility for the deaths and injuries arising out of this crash.  That means, if the family members of the deceased decide to pursue a lawsuit, the owners and operators of the dump truck may have to pay money for the losses in a wrongful death claim.  Additionally, the female survivor, who is critically injured, could also bring a civil lawsuit to recover money for her injuries and losses.   In a civil case, the injured parties and their loved ones only need to show that the dump truck driver was in some way negligent in the operation of the dump truck and bears responsibility for the losses.  These claims are almost always covered by insurance, and in this case, it would be the insurance policy on the dump truck that would likely have to pay the claims.  

We have learned that there was dash cam footage of this accident, which captured the dump truck entering the intersection against a solid red traffic light signal.   From the perspective of a civil wrongful death claim, it appears clear from the dash cam footage that the driver of the dump truck was completely at fault for running a red light resulting in the death of two young people and serious injuries to another.  

It is important to note that  a civil claim is different and separate from any charges that may emerge from the police investigation.   Whether or not the police charge the driver of the dump truck, this will have little impact on the rights of the victims to bring their own separate civil claims for money damages.   The victims do not need to wait for the police investigation, but can launch their own claims immediately with the help of a personal injury lawyer that has experience with wrongful death claims. 

Get The Answers To Your Questions From a Lawyer:

We recognize that you probably have a lot of questions about your rights following the wrongful death of a loved one. Our law firm offers all prospective clients a free case review.  We understand that you want answers as soon as possible, without the obligation of having to retain a lawyer and pay hourly fees.   If you have tragically lost a loved one as a result of the negligence of another person or company, contact a dedicated Ontario wrongful death and fatality claims lawyer to learn about your rights.  

For a confidential and complimentary consultation, contact Iacobelli Law Firm, or call 1-866-234-6093.  Our lawyers work tirelessly on behalf of victims to get you justice for your loss.  Consultations are always free and there is absolutely no obligations. 

Andrew Iacobelli is an experienced personal injury lawyer who established Iacobelli Law Firm with offices located in Ontario, Canada and Florida, U.S.A. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death in Canada and the United States.  Andrew is the author of "Are You a Canadian Injured in the United States? Claim the Damages and Insurance Coverage the Right Way". 

There are reports of a a fatal pedestrian collision in the City of Markham.  This pedestrian accident occurred on Tuesday, February 5, at approximately 9 a.m. at the intersection of Carlton Road and Central Park Drive. According to York Regional Police, a black Mitsubishi was travelling southbound on Central Park Drive, and made a left turn onto Carlton Road where it struck a pedestrian in the crosswalk.  Sadly, the pedestrian, a female resident of the City of Markham, succumbed to her injuries at the scene. 

First and foremost, Iacobelli Law Firm offers its sincere condolences and support to the family and friends of the pedestrian that was tragically killed in this Markham accident.  

Unfortunately, motor vehicle accidents involving pedestrians remain quite common in Ontario.  Pedestrian accidents occur on roadways, parking lots, and often when pedestrians are on the sidewalk and are hit by vehicles exiting driveways.  Of course it is a shock and devestating to the family and friends whenever a pedestrian is injured or killed.  This kind of tragedy is entirely unexpected.   Drivers need to be more attentive to pedestrians, particularly at intersections and near crosswalks.  

In Ontario, when a pedestrian is injured or killed because of motor vehicle, there are civil remedies available.  These are claims against the at-fault driver, which are typically covered by automobile insurance policies.  Ontario law creates a presumption of negligence whenever a pedestrian or cyclist is hit by a car.  That is, the driver of the vehicle is presumed to negligent, and has the burden of proving otherwise.  This is an exception to negligence and tort law.  Nonetheless, pedestrian claims are often vigorously defended by the insurance company.  When a pedestrian is killed, the family members can make claims for their losses, including loss of guidance, care and companionship of their loved one.  

If a loved one has been killed in a fatal pedestrian accident in Ontario, it is important to seek the advice of Ontario car accident lawyer.  A knowledgeable lawyer will be able to answer your questions and provide guidance about your options.   Although it is difficult to consider insurance claims at the time of tragedy, it is important to seek advice early as there are strict time limits for advancing claims.  Once the limitation period expires, the claims are forever barred.  

Iacobelli Law Firm is an Ontario personal injury and insurance law practice, with offices in Richmond Hill / Markham area and Toronto. We provide a free consultation to familes that have lost a loved one in fatal car accident or fatal pedestrian accident.  To request your free consultation with a personal injury lawyer, call us at 416-900-1070 or toll free at 1-866-234-6093 or complete our online contact form here. 

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