Hamilton Wrongful Death Lawyer: Stunt Driving Fatalities

Hamilton Wrongful Death Lawyers – Fighting for Families Who’ve Lost Loved Ones Since 2003. No Fees Unless We Win.

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You are most likely reading this because you or your family have suffered the sudden and unexpected death of a loved one due to the reckless and irresponsible behaviour of another driver. Our Hamilton speed & stunt racing fatalities lawyers have been representing families of loved ones killed in accidents since 2003. We understand that the unexpected loss of someone significant, close and central to your life, such as a life partner, child, father, brother, mother, daughter or sister, is a terribly traumatic and devastating event which can affect people in many different ways for a very long time.

Speed, stunt racing and dangerous driving are terribly dangerous. If a reckless driver has caused the loss of your loved one – we’re in your corner.

There is no doubt that when a loved one dies, family members often find themselves entangled in a complex web of emotions and reactions – and have many unanswered questions. What if your loved one was a breadwinner, had a support obligation or contributed to shared family income? You may have questions about how you will pay the mortgage, car insurance, tuition, groceries, and other family-related costs. Survivors who suffer such unexpected unexpected loss, particularly of a parent or child, can also bring out anger and helpless fury. Many want to seek justice but are unaware of how or where to turn.

Our Hamilton Wrongful Death lawyers have been serving families of those who lost loved ones in speed and stunt racing accidents all over Ontario since 2003. If you have lost a loved one because of someone else’s thoughtless and negligent behaviour – call us today to obtain the justice that you and your family deserve. Consultations are free, and we never ask for money upfront. Call us today at 905-333-8888 or fill in a contact form, and someone will get right back to you.

What is Stunt Driving in Ontario?

In Ontario, “stunt driving” refers to a wide range of aggressive and dangerous driving behaviours that go well beyond typical speeding. It is a serious offence under the Highway Traffic Act and can carry severe consequences, even before a conviction.

Some of the most common actions that qualify as stunt driving include:

• Excessive Speeding: Driving 50 km/h or more over the posted speed limit where the limit is 80 km/h or higher, or 40 km/h over where the limit is under 80 km/h. Driving at 150 km/h or more anywhere in the province is also considered stunt driving, regardless of the posted limit.

• Street Racing: Participating in a race or contest with another vehicle on public roads.

• Loss of Traction: Intentionally spinning, drifting, or causing the tires to lose traction with the road — such as doing donuts or burnouts.

• Dangerous Maneuvers: Performing wheelies on a motorcycle, lifting tires off the ground, or driving in a way that puts the vehicle out of control.

• Blocking or Chasing: Intentionally preventing another driver from passing or chasing another vehicle on the road.

What are the Penalties for Stunt Driving in Ontario?

The penalties for being charged with stunt driving are immediate and severe:

• 30-Day Licence Suspension: Your driver’s licence is immediately suspended on the spot.

• 14-Day Vehicle Impoundment: Your vehicle is impounded for two weeks, even if it’s not owned by you.

• Fines and Demerit Points: If convicted, you could face fines ranging from $2,000 to $10,000, six demerit points, and even jail time of up to six months.

• Insurance Consequences: A conviction can result in drastically increased insurance rates, and in some cases, the loss of coverage.

Stunt driving is treated as a serious public safety issue in Ontario. A charge can affect your driving privileges, financial standing, and criminal record — even if it’s your first offence.

Unfortunately, many cities in Ontario, including Hamilton, have a well-established culture of vehicle modifications and illegal stunt driving and street racing activity. Ontario Provincial Police released statistics last year which indicated that street racing (i.e. driving at over 50 km/hr or more) was mostly prevalent in Toronto, Ottawa and Hamilton. Men were engaged in speeding more than five times as often as women, and males aged twenty-five to thirty-four were by far the worst offenders. Tragically, over 75 people died in reckless speed and street racing accidents in 2018.  Even more shocking is that in the month of May alone last year, the OPP engaged in a blitz and laid 304 street-racing charges on the 400 series highways.

Stunt Driving and Wrongful Death

Speed racing and stunt driving are often a contributing factor in serious accidents, especially fatal collisions.  The unexpected death of a loved one due to a driver’s reckless driving behaviour, such as speed racing, can no doubt cause immense emotional upheaval. The sudden burden of loss is a traumatic experience that can cause a family to suffer immense grief, depression, panic disorder, PTSD and intense bereavement.

Pursuing legal action against the driver or drivers that have taken it may feel very low on your priority list right now, but we cannot stress enough how important it is to discuss your options with a Hamilton Wrongful Death Lawyer sooner rather than later. The longer you wait, the higher the chance that crucial evidence could be forgotten, defendants become incarcerated for long periods of time, and evidence can be lost, damaged or destroyed.

What is a wrongful death case, and why should I think about legal action?

A wrongful death case in Ontario is more of an “abbreviated” way of looking at legal claims that can be brought by the deceased’s estate and certain family members for both economic and non-economic compensation concerning the death of their loved one pursuant to statute.  Certain provisions under the Family Law Act allow specifically enumerated and defined family members to bring an action resulting from the injury or death. The law permits

• spouses
• children
• grandchildren
• parents
• grandparents and siblings to make a claim.

A deceased person’s same-sex partner may also be able to make a claim in Ontario.

What type of compensation is my family entitled to?

While there is clearly no amount of compensation that can alleviate the intense sorrow caused by the sudden death of a family member in a street racing or stunt driving accident, the most common damages awarded in a wrong death lawsuit in Ontario are both economic and non-economic in nature.

Non-economic damages – There can be no question that when a loved one dies, there is enormous grief and mental anguish suffered by family members of the deceased. However, in Ontario, the Family Law Act, unfortunately, does not permit damages for grief, sorrow or mental anguish suffered by reason of the injuries or death of a relative – but rather, the law is meant to compensate family members for the loss of care, guidance and companionship.

While there is not a specific formula to determine the amount of compensation to be awarded for the loss of care, guidance and companionship, a number of factors have been taken into consideration by our Courts, including:

• The age, mental and physical condition of the claimant
• Whether the deceased lived with the claimants and, if not, the frequency of visits
• The intimacy and quality of the claimant’s relationship with the deceased – was it close and loving?
• Whether or not the claimant is emotionally self-sufficient
• Whether or not claimants who are children have married
• Whether or not spouses who are claimants have remarried
• The joint life expectancy of the claimant and the deceased, or the probable length of time the relationship might be expected to continue

Economic Damages – economic or pecuniary damages are awards for compensation which are “objectively calculable,” and there exists no maximum cap. Their purpose is to compensate injured claimants for quantifiable items.  Some pecuniary damages are easily calculated (i.e. funeral expenses), while others are a lot more complex (i.e. loss of future earnings/income), thereby requiring your Hamilton lawyer to work with one or more economic expert witnesses to assess the quantum of your overall losses. Notably, the loss of future earnings/income that flowed you your deceased loved one generally represents the largest component of a pecuniary award in fatality claims and will largely depend on a number of factors such as your loved one’s income, age, family financial situation, employment history, future employment potential and personal consumption rates, etc. Theoretically, then, there can be no ‘maximum’ or ‘highest’ pecuniary award, per se.

In the context of a fatal accident claim, such items may include:

• funeral expenses
• burial expenses
• loss of inheritance
• loss of earnings/income
• loss of shared family expenses
• housekeeping losses
• future health care or treatment costs

My loved one suffered before he or she died – what should I do?

Claims can be made under the Trustee Act for your loved one’s loss or suffering before his or her death. S.38(1)  of the Trustee Act allows the executor of your loved one’s estate to maintain a lawsuit on his or her behalf. However, the executor may not pursue damages for death or for the loss of expectation of life.

If a driver is convicted of speed racing or stunt driving, can his or her insurance company deny me compensation?

No, however, in certain circumstances, the at-fault driver’s insurance company may take a position that the dangerous operation of a motor vehicle accident would amount to a “speed or race test,” which is technically a breach of policy condition, thus reducing liability coverage to $200,000. This is not always the case in a very rare form of defence argument. However, in situations like this, you would be entitled to pursue excess damages from your own insurance company up to your third-party liability limits. For example, if you carry limits of $1 million, then you would be entitled to file suit for $800,000, being the amount of third-party limits after the reduction in coverage of $200,000. This is not always the case, and if you have lost a loved one due to a motorist speeding or stunt driving, you should definitely talk to a wrongful death lawyer

Have you lost a loved one in an accident caused by someone who was stunt driving?

We know that no amount of compensation can change the outcome of a speed or stunt racing accident and replace your loss. However, we are dedicated, compassionate Hamilton Lawyers who can allow you to focus on other matters during a difficult time. While we cannot turn back the clock, we can help you seek the justice you deserve by obtaining the compensation to which you and your loved ones are entitled.  We allow you to focus on personal matters and help your family get back to a normal life. While money can never replace your loved one, it may certainly help mitigate your family’s financial hardship this tragedy has caused.

Call Hamilton Lawyer Matt Lalande today at 905-333-8888 or fill in a contact form. Talking to us does not cost you a thing, and our law firm will NEVER ask you for money upfront.

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.