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Pedestrian Killed by Drunk Driver

19/03/2003
Pedestrian Killed by Drunk Driver

The Accident: M.W. was crossing the road as a pedestrian, near an intersection, where he was struck by an oncoming car. M.W. died as a result of injuries sustained. The driver who hit M.W. was impaired at the time of the accident, and was charged with impaired driving causing death under the Criminal Code.

The Family: M.W. came from a large family; two brothers and a sister – and his siblings were very distraught over the death of their brother. They wanted to sue the driver, even though they were informed by Bogoroch & Associates that very little compensation is provided to family members, under the law, in this type of situation.

The Resolution: Bogoroch & Associates issued a statement of claim to start the lawsuit against the driver who had killed M.W. An investigation was carried out and police records were obtained outlining the facts surrounding the accident. Medical information about the injuries sustained was obtained from the hospital where M.W. was unsuccessfully treated following the accident.

The case did not go to trial, but was mediated, and a settlement agreed upon. The driver had in fact plead guilty to impaired driving in court, but the other criminal charges, including those pertaining to the death of M.W. – and who was ultimately responsible – were being contested.

M.W. had crossed the road near the intersection, but not at it, and had not used a crosswalk. Witnesses to the accident provided differing accounts of the accident. In the end, it was difficult for Bogoroch & Associates to prove that M.W. was in no way responsible, or at least partially so, for the accident.

Each of M.W.’s siblings received compensation under the mediated settlement. Though this in no way reflected the loss of a member of their family, the amount paid was fair and reflected what was achievable under the law. Bogoroch & Associates guided the family through the legal system to achieve all of the potential compensation due to them following this terrible accident.

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