If you were seriously injured in a pedestrian accident in Hamilton or anywhere in Southern Ontario, Lalande Personal Injury Lawyers can help you get justice and compensation you legally deserve.
Serving Victims Hit by Cars in Ontario Since 2003 as a Hamilton Pedestrian Accident Lawyer
Free Consultations Provincewide. Call 905-333-8888 or Send us a Message Today.
Being hit by a vehicle as a pedestrian is different from most other accident claims. There is no seatbelt, airbag, or protective frame. Even low-speed accidents can leave someone with fractures, a brain injury, chronic pain, psychological trauma, or the inability to return to work.
If you or someone you love was struck by a vehicle in Hamilton or anywhere in Southern Ontario, Lalande Personal Injury Lawyers can help you understand your rights, deal directly with the insurance company, which often tries to minimize payouts or shift blame onto pedestrians, and pursue the compensation you may be entitled to receive.
Free consultations are available. You do not pay legal fees unless we win your personal injury claim.
Why Pedestrian Accident Claims Require Careful Legal Attention
Pedestrian accident claims often involve serious disputes over how the collision happened. Insurance companies may argue that the pedestrian crossed outside a crosswalk, entered the roadway unexpectedly, ignored a signal, or was partly responsible for the accident. These arguments can reduce or delay compensation if the evidence is not preserved early.
Our legal team investigates the details carefully. This may include reviewing police reports, witness statements, traffic signal timing, dashcam footage, surveillance video, vehicle damage, medical records, intersection layout, weather conditions, and whether the driver was speeding, distracted, impaired, or failed to yield.
The earlier this evidence is gathered, the stronger the claim can be. Video footage may be deleted, witnesses may become harder to locate, and accident scenes caused by careless drivers can change quickly.
Why Injured Pedestrians Choose Matt Lalande
Pedestrian accident victims often face a long recovery. Some clients are unable to work for months. Others require surgery, rehabilitation, mobility assistance, psychological treatment, or long-term care. We understand how difficult the situation can be, and we approach each case with personalized attention to ensure your claim reflects the full impact of the injury, not just the first few weeks after the accident.
Here are some of the reasons Hamilton residents trust our law firm:
- More than $45 million recovered for injured clients
- Decades of experience with serious injury and insurance claims
- No upfront legal fees
- No legal fees unless we win
- Experience with brain injury, spinal injury, fractures, chronic pain, catastrophic injury, and wrongful death claims
- Personalized legal guidance rather than a volume-based approach
- Representation for clients in Hamilton, Stoney Creek, Ancaster, Dundas, Burlington, Grimsby, Niagara, and Southern Ontario
Many pedestrian accident victims suffer catastrophic injuries, including traumatic brain injuries, spinal cord damage, and severe fractures that require years of treatment and care. Our experienced legal team understands the lifelong impact these injuries can have. It works diligently to secure compensation that reflects the full extent of our clients’ losses and future care needs.
Common Causes of Pedestrian Accidents in Hamilton, Ontario
Pedestrians are the most vulnerable users of Ontario’s roads. Whether walking, jogging, using a mobility device, or pushing a stroller, they lack the physical protection vehicles provide. When a pedestrian is struck, the outcome is often catastrophic.
According to Statistics Canada and Ontario collision data:
- 30% of pedestrian fatalities involve pedestrians who were intoxicated or impaired.
- 10% of pedestrian accidents involve drivers distracted by their cell phones.
- 30% of pedestrian deaths are linked to drivers failing to yield, speeding, losing control, disobeying signals, or making improper turns.
- Over half of all pedestrians killed were struck after dark, highlighting the danger of poor visibility.
While growing traffic volumes contribute to higher collision numbers, most pedestrian accidents are preventable. Common causes include:
- Distracted driving: Using phones, adjusting navigation, eating, or engaging with passengers diverts attention from the road, often at critical moments.
- Excessive speed: Higher speeds reduce reaction time and exponentially increase impact force, turning survivable incidents into fatal ones.
- Impaired or fatigued driving: Alcohol, drugs, or exhaustion significantly slow reaction times and impair judgment.
- Failure to yield and traffic violations: Ignoring crosswalks, running red lights, and making careless left-hand turns frequently result in pedestrian harm.
- Poor roadway design and maintenance: Hidden or unmarked crosswalks, inadequate sidewalks, malfunctioning lights, missing signage, and insufficient street lighting all heighten risk.
- Environmental and behavioural factors: Poor weather, construction detours, and distracted walking contribute to reduced visibility and slower response times.
- Silent hybrid and electric vehicles: The near absence of engine noise removes an important auditory warning for pedestrians, particularly those with visual or hearing impairments.
- Higher local speed limits: Recent increases in some communities have worsened injury severity and fatality rates.
In Hamilton and across Ontario, pedestrian accidents are rarely caused by a single factor. Our pedestrian accident lawyers investigate every contributing cause, from driver conduct to infrastructure failures, to ensure accountability. By exposing negligence and identifying systemic issues, we help injured pedestrians and their families obtain the compensation and justice they deserve.
Injuries We Commonly See After Pedestrian Collisions
Pedestrian accidents frequently cause injuries that are more serious than they first appear. Even at lower speeds, the sheer force of impact between a vehicle and an unprotected human body can cause fractures, head trauma, spinal injuries, and long-term pain. As vehicle speed increases, the risk of catastrophic or fatal injury rises significantly.
These may include:
- traumatic brain injuries and concussions
- skull, facial, wrist, arm, hip, leg, and ankle fractures
- spinal cord injuries
- herniated discs and nerve damage
- chronic pain
- internal injuries
- psychological trauma, anxiety, and PTSD
- scarring and disfigurement
- mobility restrictions
- fatal injuries
One of the biggest mistakes after a pedestrian accident is assuming that early symptoms tell the whole story. Pain, cognitive issues, dizziness, sleep problems, emotional changes, and mobility limitations can become more serious over time.
That is why medical documentation and evidence of long-term prognosis are so important. Our pedestrian accident lawyers work closely with medical professionals, rehabilitation specialists, occupational therapists, and other experts to fully understand the extent of your injuries and help you recover the fair compensation you deserve.
What Compensation May Be Available After a Pedestrian Accident?
Depending on the facts of the case, you may be eligible for the following types of financial losses and expenses:
- Pain and suffering: compensation for the physical pain, discomfort, and suffering the victim endures due to their injuries
- Past and future income loss: compensation for all wages, salary, bonuses, commissions, and employment benefits lost because of the accident.
- Loss of earning capacity: compensation for the loss of the ability to earn income in the future due to permanent injuries or disability.
- Medical and rehabilitation expenses: compensation for treatments, therapy, medications, assistive devices, and rehabilitation not covered by insurance.
- Attendant care: compensation for professional care or assistance required with personal daily activities
- Housekeeping and home maintenance losses: compensation for the victim’s lost ability to perform household tasks, including cooking, cleaning, laundry, grocery shopping, yard work, snow removal, home repairs, vehicle maintenance, and all domestic services they previously provided.
- Out-of-pocket expenses: compensation for expenses such as transportation, parking, medical supplies, mobility aids, and other accident-related costs
- Future care costs: compensation for anticipated long-term medical treatment, rehabilitation, support services, accommodations, and ongoing care needs.
Pedestrian accident claims may also involve Ontario accident benefits, even before a lawsuit is resolved. These benefits can help pay for treatment, rehabilitation, attendant care, income replacement, and other supports, depending on the severity of the injuries and available coverage.
When a loved one dies due to another person’s negligence in Ontario, surviving family members can pursue compensation for:
- Funeral and burial expenses, including all reasonable costs for memorial services, burial or cremation, caskets, burial plots, and headstones.
- The loss of pension income and employment benefits, such as medical, dental, and drug coverage, that they would have received through the deceased’s employment
- The loss of inheritance, including the wealth that would have accumulated in the deceased’s estate had they lived their natural lifespan.
- Ongoing psychological counseling, therapy, or other rehabilitation services to cope with their grief and future care costs.
What to Do After a Pedestrian Accident in Hamilton
- Get medical attention immediately, even if you believe your injuries are minor. Medical records are important for both your recovery and your legal claim.
- Report the accident by calling 911 at the scene, and ensure the collision is properly documented. If police attend the scene, request a copy of the police report.
- Preserve evidence. If possible, keep photos of the scene, the vehicle, your injuries, footwear, clothing, traffic signals, weather conditions, and the surrounding area.
- Write down what happened while your memory is fresh. Include the direction you were walking, where the vehicle came from, whether you were in a crosswalk, and whether there were witnesses. Get names and contact details for any witnesses.
- Avoid giving detailed statements to an insurance representative until you’ve received legal advice. What you say early in the process may later be used to weaken your case.
- Speak with an experienced Hamilton pedestrian accident lawyer before accepting any settlement offer. Early involvement helps preserve evidence, secure benefits, coordinate with social workers, and ensure your family has financial and practical support while your loved one receives critical care.
How Is Fault Determined in Pedestrian Accident Claims?
Figuring out fault usually comes down to one question: who failed to act with reasonable care? Was the driver speeding, distracted, impaired, turning without checking properly, or failing to yield?
Evidence may include police reports, witness statements, traffic camera footage, dashcam video, photos, vehicle damage, road conditions, and accident reconstruction evidence.
Insurance companies may try to blame the pedestrian to reduce compensation. At Lalande Personal Injury Lawyers, we investigate what really happened, review the evidence, and build the claim around the facts, not assumptions.
How Long Do I Have to File a Pedestrian Accident Claim?
In Hamilton, Ontario, you generally have two years from the date of your pedestrian accident to file a personal injury lawsuit. This limitation period is established under Ontario’s Limitations Act and applies to most pedestrian accident claims involving negligent drivers.
However, there are important exceptions and nuances to this rule that can significantly affect your case. If your pedestrian accident involved a municipal vehicle or occurred due to poor road maintenance, dangerous sidewalk conditions, or inadequate traffic signaling maintained by the City of Hamilton, you may face much shorter notice requirements.
Claims against municipalities require you to provide written notice within 10 days of the accident, making immediate action absolutely critical.
We strongly advise against waiting anywhere close to the two-year deadline to contact a Hamilton personal injury lawyer. Evidence disappears, witnesses’ memories fade, and surveillance footage gets deleted. Insurance companies also view early legal representation as a sign you’re serious about your claim, which often leads to better settlement negotiations.
What If I Were Hit by a Vehicle That Fled the Scene?
Hit-and-run pedestrian accidents may still be eligible for compensation through available insurance coverage or other legal avenues. Even if the driver is not identified, our experienced personal injury lawyer can help investigate the incident and determine what compensation options may be available.
Here’s what to do after a hit-and-run accident:
- Call 911 and report the accident to the police.
- Seek medical attention as soon as possible.
- Collect photos, witness information, and any available evidence.
- Contact an experienced personal injury lawyer promptly.
A hit-and-run motor vehicle accident can complicate the claims process, but it does not necessarily preclude recovery. Early legal guidance can help protect your rights and ensure important evidence and insurance coverage opportunities are not overlooked.
Contact Our Pedestrian Accident Law Firm for a Free Consultation
If you were injured due to another driver’s negligence by car, truck, bus, or motorcycle while you were crossing any road, you may be entitled to compensation. At Lalande Personal Injury Lawyers, our compassionate lawyers help pedestrians who motorists have seriously injured.
Our experienced personal injury law firm will review the details of the accident and discuss your legal options during a free consultation. We have specialized in complex personal injury cases since 2003.
Our consultations are always 100% free. Our Hamilton pedestrian accident lawyers can come to you, and we will never ask you for money up front. Call us today nationwide at 1-844-LALANDE or locally in the Hamilton / Southern Ontario Region at 905-333-8888, or fill in a contract form today to learn the compensation that you are entitled to.
