Hamilton Car Accident Lawyer: Rear-End Car Accidents

Hamilton Car Accident Lawyers – Serving Car Accident Victims throughout Ontario since 2003.

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One of the most common types of vehicle accidents is the rear-end accident. This is especially true in busy cities like Hamilton, Burlington, Oakville, Stoney Creek, Grimsby, St. Catharine’s, Ancaster, and surrounding areas where there is a lot of slow-moving, stop-and-go traffic.

Rear-end collisions normally happen when your motorcycle, car, or truck is at a stop, and the vehicle behind you hits your car, most of the time because drivers are not paying attention or distracted. Drivers unused to traveling in wet and snowy conditions also frequently rear-end vehicles after skidding or misjudging the necessary stopping distance.

Many, if not most, rear-end collisions do not result in much property damage or injuries more than mild whiplash. However, some rear-end collisions can be devastating, especially if the driver behind you was moving at very high speed, you were on a motorcycle, or the vehicle that hit you was oversized. In these cases, high-impact crashes can result in terrible injuries to the neck (such as compression fractures), shoulders, rotator cuff, hands, arms, and knees.

Rear-end car accidents can have a brutal effect on victims who suffer serious injuries. Often, they leave people permanently injured, financially devastated, and unable to work, take care of their homes, play with their kids, or enjoy their lives as they once did. To make things worse, you will no doubt face the stress of dealing with your insurance company and the insurance company of the driver that hit you. Adverse insurance companies will often wrongfully deny claims, deny liability, and delay payments.

Not only can the compassionate rear-end accident lawyers at Lalande Personal Injury Lawyers handle insurance claims on your behalf, but we can also hold negligent drivers accountable in court with no upfront cost to you. Connect with our dedicated Hamilton tailgating accident team 24/7 by calling (905) 333-8888 or reaching out online by submitting a confidential contact form through our website.

Rear-End Car Crashes in Ontario

If the car behind you violently hits your vehicle, is the accident automatically their fault?

The answer, more often than not, is yes. Normally the person that caused the rear-end crash will be charged with careless driving under the Ontario Highway Traffic Act. Police officers must investigate a crash and if they believe that an Ontario driver has broken a driving law and may charge the offending driver with contravening the act. Remember a Court does not need to prove intent, but rather that the offending driver committed the careless act.

Traffic Act violations commonly leading to Hamilton rear-end crashes include:

• Speeding
• Drunk driving
• Failing to keep a safe distance
• Travelling too fast for the conditions
• Driving unsafe/uninspected vehicles
• Texting while driving (distracted driving)
• Unsafe lane changes
• Failing to obey traffic control devices
• Driver fatigue (often associated with long-haul truck drivers)

The Ontario Fault Determination Rules also contain provisions for automobiles travelling in the same direction and lane. For example, the law states that you are not at fault if someone rear-ends you while you are stopped, in forward motion, or turning left or right to enter a side road, private road, or driveway. Rear drivers must anticipate these common driving behaviours, especially in bad weather or urban areas. They must also keep a safe distance between vehicles to compensate for natural distractions and sudden hazards, such as deer or elk.

Can you also cause your rear-end accident?

In certain situations, you may contribute to the accident. The negligent driver’s insurance company will certainly attempt to make this claim even when you’re not at fault. For example, you may be partially at fault for causing an accident if your brake lights or taillights are not working properly, especially if it is dark out. You can also be at fault if you failed to reasonably move your car off the road if it was in a state of disrepair.

You can also be partially at fault if you decide to stop for no reason in an active traffic lane or put your car in reverse in an active lane or stoplight. You can also partially be at fault if you have been drinking or if you were on a mobile device. However, the negligent rear driver must prove that your allegedly careless conduct contributed to the rear-end collision. For example, by showing that your texting caused you to swerve.

Simply showing your phone was active when the rear-end collision occurred isn’t enough. Liable insurance companies often trap unrepresented claimants into admitting to unrelated legal violations, such as driving without your glasses, before convincing claimants they shared substantial fault for the crash.

Our Hamilton car accident lawyers will handle every important aspect of your car accident case, and you will always know the status of your case, even if you are partially at fault. Partial fault does not prohibit your financial recovery in Hamilton. Ontario follows a contributory fault system, meaning that any attributed negligence only reduces your financial recovery.

Our goal is simple: to achieve the best possible results for each of our clients in every case we handle and leave nothing to chance. We are practical, reasonable, and respected Hamilton car accident lawyers.

The Impact of Rear-End Accident Fractures and Injuries

Difficulties With Activities of Daily Living

If you have been seriously injured in a rear-end collision, there is no doubt that your day-to-day life can suddenly become very catastrophically difficult. Your injuries may stop you from getting back to work, enjoying your life, sleeping through the night, spending quality time with your loved ones, staying fit, or participating in your regular social and recreational activities.

You also may feel significant psychological, emotional, physical, and financial burdens. In Ontario, you may recover damages for the frustration, inconvenience, and suffering associated with daily difficulties. Some courts refer to these as activities of daily living, which means the inability to perform at least without pain basic self-care functions.

Examples include:

• Preparing and eating meals and foods
• Sitting, standing, or lying down for prolonged periods
• Transferring between positions or getting out of bed
• Bathing, grooming, and putting on makeup
• Using the restroom
• Dressing and undressing
• Walking
• Cleaning
• Shopping
• Lifting and reaching

Injured claimants might recover non-pecuniary damages, compensating them for daily activities that take longer or cause pain to perform and those activities they can no longer perform due to their injuries. Victims of rear-end car crashes might also demand direct financial compensation for necessary household help, including payments for transportation, home cooks, and cleaning services. Your family members might even qualify for compensation if they otherwise perform these functions.

Our experienced car accident lawyers recommend keeping a daily log, either on paper or on your smartphone, of your struggles. Families and friends should also keep records of the time spent helping you with daily activities, especially if they need to miss work. Many claimants don’t understand their right to demand full compensation, even for the social struggles and daily frustrations stemming from the crash. At the very least, obtaining household help takes the pressure off family and friends and might improve your mental health and recovery timeframe.

Rear-end accident fractures and injuries

If you have been seriously injured in a rear-end collision, there is no doubt that your day-to-day life can suddenly become very catastrophically difficult.  Your injuries may stop you from getting back to work, enjoying your life, sleeping through the night, spending quality time with your loved ones, staying fit, or participating in your regular social and recreational activities. You also may be overwhelmed with psychological, emotional, physical and financial burdens.

The collision dynamics of rear-end crashes are complicated. Generally, the motor vehicle that was struck experiences a sudden increase in momentum while the striking motor vehicle experience a loss of momentum.  Speed is often a major issue in rear-end motor vehicles accidents and can contribute to the severity of injuries that victims suffer when involved hit from behind.

Basic physics dictates that the faster the rear vehicle is moving, the more force it sends through the front car. Most passenger vehicles are designed to absorb and distribute the crash force, but it still travels through passenger’s bodies. Substantial rear force propels passengers forward and then backward, causing sudden whiplash and potential spinal cord damage. It might also trigger airbags, which explode with life-saving but often injury-inducing force.

Sometimes, rear-end crashes do not trigger the front airbag mechanism, and vehicle occupants’ heads may impact the steering wheel or dashboard directly. This may cause severe facial fractures and traumatic brain injuries.

Vehicle weight and passenger exposure also contribute to an increased crash force and fatality rate. For example, if you are rear-ended while on a motorcycle, being “open” exposes you to a very high risk of injury or even death. This includes injuries resulting from the primary crash force, such as whiplash, and second-impact injuries from striking pavement or another moving vehicle. Likewise, even slow-moving trucks can weigh 40 times more than traditional vehicles. This sends an increased crash force through the smaller car.

People who are fortunate enough to survive a rear-end accident might sustain serious injuries and have a long road to recovery.

For example, if you are rear-ended while on a motorcycle, being “open” exposes you to a very high risk of injury or even death.   Riders lucky enough to survive after being thrown from their bikes may suffer extremely serious injuries such as:

Some injuries might include:

• Spinal Cord Injuries – Injuries to the delicate nerves protected by your vertebrae often occur after high-speed rear-end crashes. These essential nerve fibres connect the brain to the body; accordingly, spinal cord damage may result in the loss of all voluntary bodily functions, temperature control, and feeling. Spine damage may be either complete or incomplete. Incomplete spinal cord injuries allow some brain signals, but they frequently paralyze one side of the body, cause difficulties walking, or result in chronic nerve pain. Complete spinal cord injuries permanently sever the connection, resulting in either paraplegia (paralysis that affects all or some of the trunk, legs, and pelvic organs) or tetraplegia (paralysis of all four extremities, trunk, and neck).
• Brain Injury – Traumatic brain injuries (TBI) often result in violent rear-end collisions involving motorcycles, bicycles, pedestrians, and cars. The sudden crash force frequently damages brain stem fibres, resulting in potentially fatal Diffuse Axonal Injuries. Likewise, passengers may strike their heads on steering wheels and dashboards, resulting in skull fractures, brain contusions, concussions, and fatal brain swelling. Head injuries contribute to a considerable number of car accident deaths and permanent disability in Ontario. A TBI can affect a victim’s memory and cause profound confusion, personality issues, slurred speech, cognitive thinking issues, and motor skill deficiency. Many brain injury victims cannot get back to work and/or require attendant care and frequent medical attention or rehabilitation.
• Fractured Bones – Violent and crushing rear-end accidents involving a commercial truck, a large semi, or an 18-wheeler can cause some of the most severe and catastrophic injuries seen on the roads today. The amount of power displaced when an 18-wheeler comes into contact with a motorcycle or smaller vehicle is enough to bring devastation to a rider or all of a car’s occupants. When this happens, victims often suffer serious orthopedic fractures that require open reduction internal fixation with plates and screws, often requiring months or years of physical therapy. Many victims go on to develop serious arthritis issues if the fracture is near a joint. Many claimants do not consider these future complications before settling their rear-end accident claims. Likewise, passengers suffering from facial fractures should consider the need for uncovered medical bills associated with cosmetic procedures.
• Full-Thickness Burns – High-velocity, truck, or slightly angled rear-end crashes may damage the front vehicle’s gas tank or rear vehicle’s engine. Serious vehicle damage can result in sudden, devastating vehicle fires with passengers trapped in their cars. This often occurs when vehicle occupants are dazed from resulting concussions or trapped due to damaged doors. Widespread third-degree burns are among the most painful car accident injuries. They frequently require multiple skin graft surgeries, months of hospitalization, and continuous infection control and follow-up. Some victims even need life-saving amputations.
• Whiplash and Herniated Discs – These are the most common injuries reported following rear-end car collisions. The crash force frequently throws the delicate spinal discs out of place, resulting in nerve pain, difficulty walking, and extreme pain/discomfort. Likewise, most victims report suffering from painful whiplash (neck strains), preventing them from using the computer, driving, and performing daily activities. These injuries may not threaten your life, but back and neck pain are the most common disabling conditions in the world.
• Death – Serious car accident injuries, including severe traumatic brain injuries, burns, and spinal cord damage, often result in fatalities. Families should speak with dedicated car accident lawyers to discuss their rights in such cases. Immediate family members might file wrongful death litigation, whether the death happened instantly or by the eventual complications from serious accident injuries. Families generally have two years from the date of death to bring this litigation, even if the claimant died from injuries sustained in an accident nine years prior.

Whether you suffered from a devastating traumatic brain injury or severe whiplash that’s impacting your earning capacity, speak with our dedicated Hamilton injury lawyers today about recovering financial compensation.

Lalande Personal Injury Lawyers represent victims who have suffered life-changing injuries in rear-end accidents. We have access to the best experts and rehabilitation therapists that you need to help you recover from your physical, psychological, and emotional losses following a rear-end crash.

Contact a rear-end accident lawyer in Hamilton

Lalande Personal Injury Lawyers represents victims who have suffered life-changing injuries in rear-end accidents.  We have access to the best experts and rehabilitation therapists that you need to help you recover from your physical, psychological and emotional losses following a rear-end crash.

You only have one chance to seek appropriate compensation for your car accident injuries. Liable insurers know this and often trap unrepresented claimants into accepting lowball settlements that subsequently waive their litigation rights.

Do not speak with the other driver’s insurance adjuster, even when they claim they’re trying to help, without a dedicated lawyer on your side. They’re protecting their bottom line, not you. You have the right to give statements only with a lawyer on the line and force insurers to direct all communication to counsel. This is essential for preserving your claims and avoiding substantial allegations of contributory negligence.

Under the Ontario Limitations Act, you generally have two years from the accident date to file personal injury litigation. Certain exceptions exist for children and victims with severe brain trauma. However, many accident injuries result in years of lost wages, pain, medical expenses, and emotional suffering. In such cases, experienced injury lawyers may file the litigation and ask the court to pause (stay) the litigation until you receive an accurate medical prognosis. Our dedicated medical, occupational, and economic experts can then use this prognosis to calculate future anticipated damages.

Your financial recovery might include compensation for:

• Necessary but uncovered medical and dental expenses
• Household and daily living help
• Lost income, including wages, commissions, and business profits
• Lost workplace benefits, including retirement contributions and paid vacations
• Lost earning capacity and career advancement opportunities
• Physical pain and discomfort
• Frustration and inconvenience
• Emotional anguish
• Lost enjoyment of life and previous hobbies/activities

Because you only get one lawsuit related to the crash, it’s important to calculate and demand compensation for both future losses and past damage. Do not settle claims with liable insurers, even after seemingly reasonable offers, before you understand the full scope of damages.

As Hamilton rear-end car accident lawyers, we recognize the challenges that our clients face and are here to not only provide support and guidance but assertive legal representation.

We will never ask you for money upfront.

If you have been seriously hurt in a rear-end car accident that is caused by someone else, you are probably suffering financial losses because of your injuries. The last thing you need is to pay for legal advice. We appreciate that seeking legal help can be overwhelming, particularly when it comes to how much it will cost. This is often the top concern reported by prospective clients calling a lawyer to discuss a case and being hit with hundreds of dollars in unexpected consultation fees. Even if you want to pursue legal action against the person who caused your injuries, you may fear hiring a Hamilton car accident lawyer will cost too much. Legal fees do not work this way in viable car accident cases.

At Lalande Personal Injury Lawyers, car accident and related injury consultations are free. You do not pay us to talk to us about your case. We might even answer some essential legal questions free of charge. If we agree to take on your car accident case, we will never ask you for money upfront often called a retainer agreement. These upfront fees typically only apply when lawyers charge by the hour.

Our rear-end accident lawyers work on a contingency fee basis. This means we won’t receive payment unless we recover financial compensation on your behalf. Even then, we only take a portion of your overall recovery as our legal fee. We might even front all initial investigative and expert witness expenses. There are no upfront legal fees for you to pay to get your case started, and you might recover needed compensation without any out-of-pocket fees or legal costs. You only pay legal fees upon the successful conclusion of your case.

Estimating the Value of Ontario Rear-End Car Accident Cases

Every rear-end crash differs; as such, only an experienced personal injury lawyer can estimate how much your case is worth. However, certain factors can realistically help claimants determine their case value.

The following factors may result in increased settlements and/or jury verdicts:

• The seriousness of the injuries
• Loss of an important hobby, like the inability of experienced pianists to play
• Lack of contributory fault
• Extreme reckless or criminal conduct of the rear driver, such as drunk driving
• Direct impact on daily life
• Salary, which is the actual amount of lost wages and employment benefits
• High-value commercial liability policies
• Youth (resulting in higher lost wage and lifetime injury impact calculations)
• Representation by experienced counsel

Alternatively, the following factors may decrease available insurance compensation and financial entitlements:

• No lost wages or benefits
• Soft-tissue-only injuries, including whiplash and bruising
• Contributory fault
• Number of injured passengers, which splits available insurance payouts
• Uninsured or underinsured defendants
• Hit and runs
• Lack of evidence
• Proceeding pro se, which means without a lawyer

Most rear-end accident cases in Hamilton realistically settle within auto insurance policy limits, generally set at $200,000 in Ontario for passenger vehicles and $5,000,000 for commercial trucks. While seriously injured claimants might demand additional damages from liable defendants personally, this often results in bankruptcy and a lack of available funds.

Options for Recovering Quick Financial Compensation After Ontario Motor Vehicle Crashes

The fastest way of recovering compensation typically requires working with dedicated counsel to settle your claims outside of court. Most experienced car accident lawyers prepare detailed insurance settlement demand letters, including police reports, medical records, witness statements, and expert opinions estimating your future damages. They then make reasonable settlement demands under Ontario fault laws.

Insurance adjusters may return with counteroffers, and the parties should negotiate fair settlements from there. Claimants must approve the financial settlement, and reputable lawyers will honestly guide clients when making this decision. Settlement timeframes depend on the severity of your injuries and accident liability. However, many claims are settled within eight to 12 months.

If the insurance company refuses to make a fair settlement offer, lawyers may recommend filing personal injury litigation. Sometimes, simply drafting and filing a legal complaint is enough to force adjusters to raise their settlement offers. Other cases require court orders establishing liability, and some may even proceed to trial.

It may take time to recover compensation through the litigation process, but our goal is simple: to attain the greatest results possible for each of our clients in every case we handle. Our lawyers understand you’re struggling and help clients choose the best option in their particular case.

Connect With a Car Accident Lawyer in Hamilton

Our Hamilton car accident lawyers have wide-ranging experience in representing seriously injured victims who have suffered serious and catastrophic injuries. If you or someone you love has been seriously injured in a rear-end car accident, please do not hesitate to contact us.

We are happy to go over the details of your accident with you and help you determine your best options, assist in hiring your occupational therapists, help with your hospital discharge and ensure your insurance company is paying your medical bills and attendant care benefits on time.
We are here to protect you and your family every step of the way. Fill out a contact form or call us today. We are easy to talk to and understand the worries and concerns you may have. Please fill out our contact form or call us 24/7 at (905) 333-8888.

At Lalande Personal Injury Lawyers, we take pride in being trusted Hamilton personal injury lawyers since 2003. Over the years, we’ve helped our clients recover more than $45 Million in settlements and verdicts in personal injury, disability, and employment law cases. Whether you’re dealing with a life-changing injury, a denied disability claim, wrongful death, a hurt child or employment termination, we are here to provide compassionate and experienced legal representation. If you believe you have a case, call us today—we’re ready to help you secure the compensation you deserve.

Call Lalande Personal Injury Lawyers today, no matter where you are in Ontario at 905-333-8888 for your free consultation. Alternatively, you can contact us online, confidentially, by filling out a contact form.