Hamilton Pedestrian Accident Lawyers Who Walk Beside You
When a careless driver changes your life, our legal team can help you take it back
You shouldn’t have to fear for your life just crossing the street. But in Hamilton, pedestrian accidents happen far too often, and they’re usually devastating. One minute, you’re walking to work, heading home from school, or enjoying a stroll through Gage Park. The next, you’re on the ground, in pain, with your life flipped upside down by a careless driver.
The Hamilton pedestrian accident lawyers at Smitiuch Injury Law help injured pedestrians just like you get justice and fair compensation. We know how difficult this moment is. You may be dealing with surgery, hospital visits, missed work, insurance headaches, and a deep sense of injustice. Chances are, the person who hit you is already being protected by an insurance company with lawyers on their side. That’s why you need someone on yours.
We’ve helped countless people in Hamilton stand up again after being knocked down. And we’re ready to help you, too. Contact us today to schedule a free consultation.
“I can't put into words the amount of help that I received from Smitiuch Injury Law. They are very professional and caring and help me recover from a fatal road accident by providing all the support I need. I am glad to have Smitiuch Injury Law represent my case.” – V.R., ⭐⭐⭐⭐⭐
FAQ About Pedestrian Accidents in Hamilton
- What causes pedestrian accidents in Hamilton?
- What types of injuries do pedestrians sustain in a crash?
- What should I do after being hit by a car?
- How is fault determined in pedestrian accident claims?
- How do I sue for a pedestrian accident in Hamilton?
- What compensation can I get after a pedestrian accident?
- What if the driver fled the scene?
- How long do I have to file a pedestrian accident claim?
- What if I wasn’t seriously hurt?
- Do I have to go to court?
- Can I get benefits even if no one was charged?
- How much does it cost to hire a Hamilton pedestrian accident lawyer?
What causes pedestrian accidents in Hamilton?
Hamilton’s streets are busy, and when drivers aren’t paying attention, things can go wrong fast. Here are some of the most common causes of pedestrian accidents in the city:
- Distracted driving: Texting, eating, or adjusting the GPS pulls drivers’ eyes off the road.
- Speeding: Drivers going too fast can’t stop in time if someone steps into a crosswalk.
- Failing to yield: Many accidents happen when drivers don’t give pedestrians the right of way at intersections.
- Left-hand turns: Drivers turning left often focus on oncoming traffic and miss people crossing.
- Low visibility: Poor lighting, bad weather, or dark clothing can make it harder for drivers to spot someone walking.
- Impaired driving: Alcohol or drugs reduce reaction times and judgment behind the wheel.
Smitiuch Injury Law understands how devastating these accidents can be. If you've been hit by a vehicle, our Hamilton legal team will stand by you, protect your rights, and fight for the compensation you deserve as an injured pedestrian.
What types of injuries do pedestrians sustain in a crash?
When a pedestrian is hit by a car, the human body takes the full force of the impact. There's no steel frame or airbags to soften the blow – just skin, bone, and reflexes. Even a small car going 30 km/h can leave someone with life-changing injuries. At higher speeds, the outcome is almost always catastrophic. Here are some of the most common injuries:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries and paralysis
- Broken legs, hips, ribs, or pelvis
- Internal bleeding or organ damage
- Facial injuries and dental trauma
- Amputations and crushed limbs
- PTSD, anxiety, and emotional trauma
Smitiuch Injury Law understands how devastating pedestrian injuries can be. Our legal team fights to make sure injured pedestrians get the care and compensation they need to rebuild their lives.
What should I do after being hit by a car?
If you’ve been hit by a car in Hamilton, the most important thing is to get medical help right away. But once the emergency has passed, there are key steps to protect your legal rights:
- Report the incident by calling 911 at the scene. Get a copy of the police report when it’s ready.
- Document everything. Take photos of the location, the vehicle, your injuries, and any visible road hazards. If your pedestrian accident happened several hours or days ago, write down everything you can remember while it’s still fresh in your mind.
- Get names and contact info for any witnesses.
- See a doctor or go to the ER as soon as possible, even if you think your injuries are minor.
- Don’t talk to the driver’s insurance company alone. They may try to get you to say something that weakens your case.
- Get a Hamilton pedestrian accident lawyer as soon as you can. The sooner we’re involved, the more Smitiuch Injury Law can help.
How is fault determined in pedestrian accident claims?
Determining fault in a pedestrian accident comes down to understanding who acted carelessly. Investigators look at things like traffic camera footage, police reports, witness statements, and even skid marks or vehicle damage to piece together what happened. Was the driver speeding or distracted? Were they impaired at the time of the crash? Drivers have a duty to act responsibly, and fault is often based on who failed to follow the rules. Insurance companies often try to shift the blame onto pedestrians to reduce the amount of money they owe.
The Hamilton pedestrian accident lawyers at Smitiuch Injury Law know how to uncover the facts and fight for injured pedestrians. Our team works hard to hold the right people accountable and get you the compensation you deserve.
How do I sue for a pedestrian accident in Hamilton?
After a serious pedestrian accident in Hamilton, you may have access to:
- Statutory accident benefits, which help cover medical treatment, income replacement, and attendant care, regardless of fault.
- A tort claim, which is a lawsuit against the at-fault driver for pain and suffering, long-term medical costs, loss of income, and more.
- Family Law Act claims, for family members affected by your injury or loss.
- If the driver was uninsured or fled the scene, you may still have options through your own policy or the Motor Vehicle Accident Claims Fund.
Smitiuch Injury Law can walk you through all of your legal options and help identify the right source of compensation for your case.
What compensation can I get after a pedestrian accident?
If you were injured in a pedestrian accident, you may be eligible for compensation for the following types of expenses and financial losses:
- Emergency medical treatment
- Surgeries, rehab, and long-term care
- Income loss and reduced earning capacity
- Pain and suffering
- Psychological and emotional trauma
- Home modifications or assistive devices
- Loss of enjoyment of life and activities
- Out-of-pocket expenses like prescriptions and travel
If a pedestrian accident causes a fatal injury, surviving family members may also be able to sue for:
- Funeral and burial costs
- Loss of income or financial support
- Loss of companionship, care, and guidance
Smitiuch Injury Law is here to make sure every part of your claim is recognized and valued properly. We fight to get you the full compensation you need to move forward with your life.
What if the driver fled the scene?
Sadly, hit-and-run crashes involving pedestrians aren’t uncommon. In these cases, you may still be able to receive compensation through:
- Your own auto insurance (even if you weren’t driving).
- A family member’s policy.
- The Motor Vehicle Accident Claims Fund if no coverage is available.
Hit-and-run cases often require fast investigation to track down witnesses, security footage, or physical evidence. Smitiuch Injury Law acts quickly to preserve whatever evidence we can. If we can’t identify the driver, we can still help you explore your options for seeking compensation through a pedestrian injury claim.
How long do I have to file a pedestrian accident claim?
In most cases, you have two years from the date of your pedestrian accident to file a lawsuit in Ontario. That might sound like plenty of time, but acting sooner is almost always better. Evidence can disappear and witnesses can move away or forget critical details. Smitiuch Injury Law can help you meet every deadline, preserve evidence, and build a strong case from the start. We’ll handle the details so you can focus on healing.
What if I wasn’t seriously hurt?
Even if you were able to walk away from a pedestrian accident, don’t brush it off. Some injuries don’t show up right away. Whiplash, concussions, and soft tissue damage can take days to fully surface. Internal injuries don’t always appear right away, but can be life-threatening if ignored.
If you’re dealing with soreness, dizziness, trouble sleeping, or anxiety since the crash, it may be more serious than you think. Go to a doctor right away and don’t sign anything from an insurance company until you’ve talked to a lawyer. If you accept a settlement offer, your case is settled and you can’t go back and ask for more money, even if your condition gets worse.
Do I have to go to court?
Most pedestrian accident cases don’t go to court. The majority are resolved through settlement negotiations, not courtroom battles. The best settlements come when the other side knows you're ready to go to trial if needed. That’s how we prepare every case from day one. So while you may never have to step inside a courtroom, you’ll have a legal team that’s fully prepared if it comes to that. Smitiuch Injury Law fights for fair results, whether it’s across the table or in front of a judge. You’ll never be left unprepared.
Can I get benefits even if no one was charged?
Ontario’s Statutory Accident Benefits system provides support regardless of who was at fault or whether any charges were laid. These benefits can help cover medical expenses, rehab costs, and even lost income if you can’t work. If someone else caused the crash, you may also be able to sue for additional compensation beyond what benefits provide. But you don’t need a criminal charge to get help.
Smitiuch Injury Law will walk you through what you’re entitled to, file the necessary claims, and make sure you demand every dollar you deserve.
How much does it cost to hire a Hamilton pedestrian accident lawyer?
It doesn’t cost anything upfront. We work on a contingency fee basis, which means our payment depends on your success. If we don’t win, you don’t pay. If we do, our fee comes out of your settlement. There are no hourly rates, no surprise bills, and no pressure to sign until you’re comfortable. Everything is discussed openly before we begin.
With Smitiuch Injury Law, you get trusted legal help without financial risk. We make justice accessible, so you never have to face this alone.
Get a Hamilton pedestrian accident lawyer committed to results
If you or a loved one was struck by a vehicle, the legal team at Smitiuch Injury Law knows the fear, the pain, and the confusion you're facing. We’ve walked this road with families across Hamilton, and we’re ready to walk it with you.
Whether you're still in recovery or mourning a loved one, we’ll help you understand your rights and answer any questions you have. There’s no pressure to hire us and no hidden or upfront fees if we take your case. You just get honest guidance and strong legal advocacy from a team that cares. Contact us today for a free consultation with a Hamilton pedestrian accident lawyer who puts your needs first. Let us help you take the first step toward healing and justice.
