According to its most recent Annual Collision Report, distracted driving was cited as a factor in over 19% of Hamilton, Ontario’s car accidents in 2022. These accidents resulted in a wide range of injuries, from minor cuts and bruises to incapacitating brain injuries.
Under Ontario’s no-fault insurance system, the primary source of compensation for distracted driving accidents in Hamilton, ON, comes from the victim’s insurer. However, insurers do not make money paying claims, which is why they will more likely than not do whatever they can to pay victims as little as possible, if at all.
Findlay Personal Injury Lawyers will fight back against insurers, in addition to at-fault drivers, in order to help you seek full compensation after your crash. Call our Hamilton car accident lawyers at (905) 522-9799 for a free consultation today.
How Findlay Personal Injury Lawyers Can Help After An Accident In Hamilton, ON
The team of car accident lawyers at Findlay Personal Injury Lawyers has represented injured clients in Hamilton, Ontario, for over 45 years. We’ve resolved thousands of cases and recovered over $100 million from insurers and at-fault parties.
When you suffer an injury due to someone else’s negligent or wrongful actions, our Hamilton personal injury lawyers will provide you with the following services:
- Discussion of your accident and reviewing your legal options
- Gathering evidence for your case, including police reports and medical records
- Filing insurance claims for your losses related to the accident
- Pursuing full compensation through negotiation and litigation, if necessary
A car accident can result in physical trauma and a significant reduction in your quality of life, so do not hesitate to contact our Hamilton car accident lawyers for a free consultation to discuss the compensation you can seek.
What Is A Distracted Driving Accident Case Worth?
The value of your case will depend on your losses. More severe injuries result in greater losses and larger claims.
Fault determination will also affect your property loss claim. If your lawyer has proof that the other driver was distracted, it would show that they were wholly responsible for the crash. In response, their insurer would be ordered to pay for most (or all) of your property losses.
What Types Of Compensation Are Available to Accident Victims?
Ontario law requires insurers to provide Statutory Accident Benefits that cover the following losses:
- Medical and rehabilitation expenses
- Income replacement
- Non-earner benefits for permanently disabled individuals who do not qualify for income replacement
- Caregiver compensation
- Attendant costs
- Housekeeping expenses
These benefits are paid regardless of fault.
How Much Does A Distracted Driving Accident Lawyer Cost?
Injury lawyers charge contingency fees that are paid at the end of the case. Even then, however, they are based on the compensation recovered, which means they are not charged if the lawyer fails to win or settle the case.
How Does Fault Affect Car Accident Claims?
Ontario insurance law tells insurers how to determine fault for a car accident. If you share the fault for the accident, your property loss compensation could be reduced proportionally. For example, if you were 25% at fault for your collision, you may only receive compensation for 75% of the value of your property losses.
What Injuries Can Result From Distracted Driving Crashes?
Distracted driving crashes do not produce any characteristic injuries. Instead, your injuries will depend on the nature of the collision. Rear-end crashes, for instance, can cause things like whiplash and concussions. Side-impact collisions can crush a driver, causing catastrophic injuries to the head, spine, and chest.
How Do Distracted Driving Accidents Happen In Hamilton, ON?
Distractions can include anything that draws one’s physical or mental attention away from driving. Mobile phone use is a common cause of distracted driving collisions. However, many other activities can also prevent the driver from giving their full attention to the road, such as:
- Eating or drinking
- Talking to passengers
- Experiencing emotional upset
- Entering information into a navigation system
Any of these activities can prevent a driver from spotting a road or traffic hazard and responding to it quickly enough to avoid a collision.
How Long Do I Have To Report An Accident To My Insurer In Ontario?
Report the accident to your insurer as soon as possible. Ontario has a strict seven-day window for you to report your crash to your insurer. Missing it could significantly limit your right to seek compensation.
How Long Do I Have to File a Lawsuit in Ontario?
Ontario imposes a two-year statute of limitations from the date of the accident. Speak to a Hamilton personal injury lawyer if you have any questions about how the statute of limitations applies to your case.
What Should I Do After A Car Accident?
Distracted driving rarely leaves much evidence behind after a crash. Instead, you will need to gather and rely on the driver’s admissions and statements from witnesses about how the driver caused the collision.
After that, contact the police. In Ontario, you must report all collisions that result in injury or at least $2,000 in combined damage. The investigating officer can also gather evidence at the scene that confirms the other driver was distracted.
After you leave the accident scene, seek appropriate medical attention for your injuries. A doctor will document your injuries, reducing the risk that the insurer will dispute the cause and extent of them.
Contact Our Hamilton Car Accident Law Firm For A Free Consultation
Ontario’s car accident laws are nothing if not complex. Contact Findlay Personal Injury Lawyers to schedule a free consultation with a Hamilton car accident lawyer to learn how we can guide you through the claims process and help you seek maximum compensation for your injuries.