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Motor Vehicle Accident Causing Death of Motorcycle Driver

Motor Vehicle Accident Causing Death of Motorcycle Driver

The Accident

C.J. – a 24 year-old young man, was traveling eastbound when the defendant in the case, who was traveling westbound, made a left turn crashing into C.J. At the scene of the accident, and en route to the hospital paramedics performed CPR on C.J., however, he succumbed to his injuries and was pronounced dead at the hospital.

C.J. has sustained multiple traumatic injuries to his head and chest, a skull fracture and a torn aorta.

The Family

C.J. enjoyed a very positive and strong family life. He lived with his mother, a nurse, and two younger brothers. Although his parents were divorced, he maintained a very strong relationship with his father, a police officer.

The family was utterly devastated by the loss of their son and brother. C.J.’ s mother was completely overcome with grief and anxiety. She was diagnosed with depression as well as post-traumatic stress disorder and could not return to nursing full-time. She received disability benefits for the time she was unable to work.

C.J.’s two siblings, M. and S. had lost a brother and a mentor. M., who had been working fulltime, could not concentrate or focus on his job and was subsequently fired. He suffered grief and depression and was not able to work for nearly a year following the accident. He did, in time, find other employment.

S, also was devastated by the death of his brother. At the time of the accident, S. was successfully studying computer technology at Humber College, but like his brother M., could not focus or concentrate on his studies following the accident. S. was forced to stop school so he could have time to grieve and recover.

C.J.’s father, a police officer, suffered immensely the loss of his eldest child. C.J. so respected his father, he had studied police services at Seneca College in an effort to emulate him. C.J.’s father lost one of the most significant relationships he enjoyed in life – spending time with his son.

Bogoroch & Associates

The experienced team at Bogoroch & Associates understood that while C.J.’s family was in grief and suffering, the case needed to move forward.

Though a cash settlement, no matter what the amount, could never replace their son, or take away their grief, they were entitled to compensation for their suffering.

The Resolution

Bogoroch & Associates sought relief by filing a claim under The Family Law Act against the driver who caused C.J.’s death.

The driver had been charged following the accident under The Highway Traffic Act, with making an unsafe turn. The driver maintained that she had not made an unsafe turn but that C.J. had been speeding through the intersection.

Bogoroch & Associates vehemently challenged this defence, arguing that if C.J. had been speeding on a motorcycle, she would have heard him even if she had not seen him. Bogoroch & Associates hired a private investigator to ensure that all witnesses or potential witnesses to the accident were interviewed, and all aspects of the accident were completely explored and documented.

The Settlement

A fair and reasonable settlement was achieved, which appropriately reflected the value of the family’s damages. Richard Bogoroch was prepared to take the case to trial to argue for further compensation, however, the family determined that the settlement was adequate. Understandably, the family wanted to put an end to the legal proceedings without having to cope with further stress of a trial. The settlement provided closure to the family, and though no amount of compensation could replace the loss of family, they were able to move forward.

*Please note that the settlement amounts will vary from case to case and are not reflective of what your case may be worth.