There are reports that a 47 year-old woman has died after being struck by a pickup truck in Cayuga, Ontario on October 16, 2017. According to early reports, the OPP are investigating this fatal Cayuga pedestrian accident, which happened early Monday morning.
First and foremost, Iacobelli Law Firm offers sincere condolences to the family and friends of the woman who tragically died as a result of this accident.
Although the accident remains under investigation with the OPP, early reports indicate that the driver of the pickup truck lost control of the pickup truck. The truck was reportedly being driven by a 20 year old woman.
In Ontario civil claims, there is a presumption of fault against the driver of a vehicle that strikes a pedestrian or cyclist. This presumption may be overcome; however, the onus is on the driver of the vehicle to prove that they were not negligent. In light of the reverse-onus, auto insurers, which have exposure to the claim, will often vigorously investigate claims involving pedestrians and cyclists in an effort to build a defense. The insurers fir the at-fault driver will often attempt to defend the claim by asserting that the pedestrian is at fault and that there was nothing the driver could do to prevent the accident. In situations involving fatalities, the insurance company will attempt to exploit the fact that the victim is unable to provide any evidence. With careful investigation, insurance companies will attempt to create liability issues in an effort to defeat the prospective claims of the family members and estate.
In fatal pedestrian accidents, family members may be able to claim for their losses. These claims are usually paid by the at-fault driver's insurance. While it is difficult to consider a claim while grieving the loss of a loved one, it is important to become informed about your rights. Sadly, while the family is grieving the insurance company may be working to defeat any prospective claims. As such, it may be important to have a lawyer working for you and your family to secure the necessary evidence in the event that a claim is made later.
If you have lost a loved one due to the negligence of another driver or company, it is important to lean about your rights. For a Free, no obligation, consultation with a Ontario wrongful death lawyer call us at 1-866-234-6093 or complete our contact form here.
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Andrew Iacobelli is an Ontario lawyer that restricts his practice to representing personal injury victims and their families. Andrew is the founder of Iacobelli Law Firm.