The Ontario Provincial Police are investigating the death of a 49-year-old male cyclist from Hamilton following an accident believed to have occurred on Governor’s Road near the community of St. George at about 7:30 p.m. on June 5. Officers do not believe that alcohol was a factor at this time; the auto-pedestrian accident took place in daylight, and road conditions were reportedly dry.
OPP personnel closed down Governor’s Road between Park and St. George Road for several hours while the Technical Traffic Collision Unit tended to the scene. The cyclist was travelling eastbound when he was struck by a vehicle driving in the same direction. Although police do not yet understand how the crash transpired, photos taken at the scene show front windshield damage to the car.
After the crash, the car’s driver and several others who were in the area are believed to have stopped. While the driver involved in the accident has thus far been cooperative, officers are requesting that some of those other witnesses come forward and provide their own testimony. It is yet undetermined whether any charges will be filed.
If a pedestrian or cyclist is killed in a fatal accident, his or her surviving family members might have the option of pursuing a wrongful death claim on his or her behalf. Doing so successfully will require some determination of liability on the part of the other driver involved. In an incident like this one in which both parties involved were travelling the same direction, driver distraction may play a role. If authorities’ completed investigation confirms that the driver in such an incident was somehow negligent, this could form the basis for a wrongful death claim filed by the victim’s surviving family members.
Source: thespec.com, “UPDATE: Hamilton cyclist killed in St. George crash“, Nicole O’Reilly, June 06, 2014