Site of the collision that killed Adam Chmielarz, 31, on Dec. 17
A 23-year old man has been charged with careless driving causing death in connection with a traffic collision on Clonmore Drive that killed 31-year old construction supervisor Adam Chmielarz.
Toronto Police Detective-Constable Sam Patil confirmed the charge via email and added that an investigation by the Traffic Services division does not indicate that speeding or distracted driving were factors in the collision.
Adam Chmielarz
If convicted, the unidentified driver faces a possible fine between $2,000 and $50,000, a jail term of up to two years, and driver’s license suspension of up to five years.
Chmielarz’s mother, Angie Vivian, said the driver’s actions have tragically altered the lives of two young men as well as their families and friends.
“The charges don’t bring closure to me as I wake up every morning and have to start my day again realizing I will never see or hear him again,” Vivian said. “A large piece of me died when he did.”
The offence of careless driving causing bodily harm or death is a non-criminal offence under the Highway Traffic Act.
It was created by the Ontario government in 2018 to ensure that careless drivers who kill people face meaningful consequences.
It has recently been criticized by road safety experts who say a majority of those charged are still avoiding serious repercussions.
There is a section of the act, however, that directs the courts to consider aggravating factors during sentencing for cases involving vulnerable victims such as pedestrians, cyclists and roadside workers like Chmielarz.
Chmielarz was killed in the late afternoon on Dec. 17 while directing traffic at the townhouse construction site on Clonmore Drive just west of Queensbury Avenue.
Police on the scene said they assumed the driver didn’t see Chmielarz holding his stop sign on the road because witnesses said he was hit “full on” and died shortly afterwards at St. Michael’s Hospital.
There is a parallel investigation underway by the Ontario Ministry of Labour.
A spokesman said that Ministry inspectors attended the scene and “requirements” were issued to the constructor, Highstar Building Management, and the employer, Turkey Site Solutions. Details of the requirements are not being made public at this time.
This was an unfortunate accident. I have lived in the area my entire life and when driving west depending on the time of day, you can get a sudden poke of direct sun in your eye blinding you for a second or two when the sun is setting in the west. I expect it because I live in the area, but someone else may not. Such a terrible tragedy. My condolences to the young mans family.