A pedestrian has died in hospital after being struck by a vehicle in a hit-and-run accident in Ajax, Ontario. Police are investigating the collision as a fail-to-remain crash. The report’s headline confirms that the pedestrian died after being taken to hospital.
The death raises serious concerns about pedestrian safety and the consequences of drivers leaving an accident scene.
It also raises an important question for families: Can you receive compensation after a fatal hit-and-run accident if the driver is never found?
In Ontario, the answer may be yes.
Why Fatal Hit-and-Run Accidents Are Especially Difficult for Families
Losing someone in a road accident is devastating. When the driver leaves the scene, families may face even more uncertainty. They may not know who struck their loved one, why the collision happened or whether the driver will be identified. A police investigation can help answer some of these questions. However, it may take time to gather evidence and locate the vehicle involved.
For families, the legal process can also be confusing. Who pays funeral expenses? Is insurance available? Can a family file a wrongful death claim without knowing the driver’s name?
These questions matter because leaving the scene does not necessarily remove a victim’s or family’s right to pursue compensation.
What Does Fail to Remain Mean in Ontario?
A fail-to-remain collision occurs when a driver leaves an accident scene without meeting the legal duties that apply.
Ontario drivers involved in collisions have obligations to stop, provide information and offer assistance in circumstances required by law.
Failing to meet these duties can lead to serious legal consequences.
Depending on the facts, a driver may face charges under Ontario’s Highway Traffic Act or the Criminal Code of Canada.
However, a hit-and-run allegation does not automatically establish that the driver caused the collision through negligence. Police must still investigate what happened. For families considering a fatal pedestrian accident claim, establishing liability is an important part of the legal process.
Can You File a Wrongful Death Claim After an Ajax Hit-and-Run?
When a pedestrian dies because of another person’s negligence, certain family members may be able to file a wrongful death claim in Ontario.
Under Ontario’s Family Law Act, eligible relatives may seek compensation for specific losses caused by the death.
These may include:
- Funeral and burial expenses
- Loss of financial support
- Loss of household services
- Loss of care, guidance and companionship
- Other eligible financial losses
A wrongful death claim is separate from any criminal investigation.
Families do not necessarily need to wait for criminal charges before seeking legal advice.
An experienced Ajax wrongful death lawyer can review the available evidence and determine whether a claim may be possible.
What Happens if the Hit-and-Run Driver Is Never Found?
This is one of the most important questions after a fatal pedestrian collision.
Many people believe they cannot pursue compensation unless police identify the driver.
That is not always true.
Ontario automobile insurance may provide coverage for certain accidents involving unidentified drivers.
Depending on the circumstances, a claim may be possible through uninsured automobile coverage under an applicable insurance policy.
Special policy conditions and evidence requirements can apply.
If no other automobile insurance is available, Ontario’s Motor Vehicle Accident Claims Fund may provide limited compensation in qualifying cases. The fund is generally a last resort.
A Durham Region hit-and-run accident lawyer can help determine which insurance coverage may apply and whether a claim against an unidentified driver is possible.
Are Accident Benefits Available After a Fatal Pedestrian Accident?
Ontario’s Statutory Accident Benefits system may provide certain benefits following a fatal pedestrian accident involving a motor vehicle.
These benefits are separate from a lawsuit against a negligent driver.
Depending on the applicable insurance policy and eligibility rules, surviving family members may qualify for death and funeral benefits.
A pedestrian does not necessarily need to own a vehicle to have access to Accident Benefits.
Ontario has rules that determine which insurer is responsible for a claim.
When the driver is unidentified, finding the correct insurer can be more complicated.
An Ontario pedestrian accident lawyer can help families review the available policies, understand their rights and meet important claim deadlines.
Why Is Evidence So Important in a Fatal Hit-and-Run Investigation?
When a driver leaves the scene, identifying the vehicle can become a major part of the investigation.
Police may review nearby security cameras, traffic footage, dashcam recordings and witness statements.
Vehicle debris, paint fragments and damage patterns may also provide clues.
Even a small detail can help investigators understand what happened.
For example, a witness may remember the colour of a vehicle or the direction it travelled after the collision.
Video footage is especially important because many recordings are automatically deleted or overwritten.
Anyone with information about the fatal Ajax hit-and-run should contact Durham Regional Police.
Families considering legal action should also understand that evidence collected for a police investigation may be relevant to an insurance or wrongful death claim.
How Much Compensation Can a Family Receive After a Fatal Pedestrian Accident?
There is no fixed settlement amount for a fatal pedestrian accident in Ontario.
The value of a claim depends on several factors.
These may include the relationship between the deceased person and the family members making the claim, financial support that has been lost, the care the person provided and the available insurance coverage.
Liability and the evidence also matter.
Claims involving unidentified drivers can be subject to insurance limits and special requirements.
An experienced Ajax personal injury lawyer can review the circumstances and explain what compensation may be available.
Families should be cautious about accepting a final insurance settlement before understanding their legal options.
What Families Should Know Before Dealing With Insurance Companies
After a fatal collision, an insurance company may request documents, statements or information about the deceased person.
Families may also receive forms relating to death benefits or other insurance claims.
Before signing a final release or accepting a settlement, it is important to understand what rights may be affected.
A settlement could resolve claims that cannot later be reopened.
An experienced Ontario wrongful death lawyer can review the available coverage, explain the claims process and help protect the family’s interests.
Contact Bergel Magence After a Fatal Ajax Hit-and-Run Accident
When a pedestrian is killed in a hit-and-run, families are left with grief, unanswered questions and concerns about the future.
Finding the driver is important, but families should also understand their legal rights and the insurance options that may be available.
For more than 50 years, Bergel Magence Personal Injury Lawyers has represented injured people and families throughout Ontario.
Our experienced legal team handles Ajax hit-and-run accidents, fatal pedestrian collisions, wrongful death claims, uninsured driver accidents, car accidents, motorcycle accidents, traumatic brain injuries and catastrophic injury cases.
We represent clients throughout Ajax, Pickering, Whitby, Oshawa, Durham Region and the Greater Toronto Area.
If your family has lost a loved one in an Ajax hit-and-run accident or another fatal pedestrian collision in Ontario, contact Bergel Magence Personal Injury Lawyers today for a free, no-obligation consultation. Our experienced Ontario personal injury lawyers can investigate the accident, help preserve evidence, review available Accident Benefits and uninsured motorist coverage, deal with insurance companies and pursue the compensation your family may be entitled to receive.