Fatal Accidents

In accidents where there is death or serious injury the police are called to;

• preserve life
• to investigate the accident
• to determine why the accident happened, and
• to determine who maybe at fault and to lay any applicable charges

Where a serious traffic accident has occurred or where there is death or serious injuries most police departments will have a police officer who has specialized training in accident investigations, conduct a thorough investigation of the incident.

Most police forces have different levels of police officers with training in accident investigation.

• Level One Accident investigator – Introductory course on accident investigation
• Level Two Accident Investigator – Detailed course involving speed and skid mark analysis
• Level Three Accident Investigator – Detailed training – has years of experience
• Level Four Accident Investigator – Highest Qualification has extensive experience and training

Many police officers have no specific accident investigation training. OTT Legal has former Level 2 and Level 4 Accident Investigators on staff and retainer for your accident.

It was a horrible accident, a shock to all involved,  my husband and I were at a loss where to go.  We spoke to a lawyer who wanted thousands of dollars to help us, and then we found OTT.  When we spoke to them they were compassionate and understanding without being judgemental.  They knew what had to be done, and said would take care of everything.  There were many court dates but OTT took care of them all.  At the end I had to pay a small fine with two (2) demerit points.  Many thanks to OTT.  Mary Karrittas, Toronto.

When a death occurs, the incident is treated seriously and a thorough investigation is conducted. The police will close off the area and do a detailed analysis of what happened including:

• take statements from all witnesses
• take detailed measurements of the collision scene
• take photographs of the collision scene, and the vehicles involved
• have the vehicle examined by a licensed mechanic for mechanical issues
• attend at any autopsy
• review the case with a Prosecutor prior to laying any charges
• prepare a detailed report of the incident

Once the police have completed their investigation they review the incident to decide if charges against any of the drivers is warranted.

The police can either, issue a ticket right away or can wait up to six (6) months to lay a charge.

In most traffic accidents involving a death, criminal charges are not laid unless there is evidence of dangerous driving.

For a criminal charge to be laid, the prosecution has to show that the driver intended to commit the act.  Meaning that the driver intended to do something that was planned that caused the death.

In traffic accidents, usually the driver did something, neglected to do something or made a mistake in driving, but the act was not planned.  In Canadian law this is called intent.

Normally where there is no intent to commit a driving act, there will be no criminal charges.

Criminal charges would only be laid where the police or prosecution can prove that the driver did something so obviously wrong that they should have known that their actions could have caused the serious incident to occur.  e.g. how did it happen and what occurred prior to the accident.

For a criminal charge to be laid by the police, there must be a “marked departure from the standard of care expected from an ordinary driver”.

Where a serious accident has occurred, OTT Legal can explain and answer any questions you may have.

We have experience in serious accident matters and can meet with you and provide qualified help at affordable fees.

Once the police have completed their investigation they will provide a complete report to the defence.  Upon receiving the report we will go over this document, explain and discuss it with you and advise you of our defence strategy.

We will handle all dealings with the police, prosecutors and attend court appearances on your behalf.