Hamilton Truck Accident Lawyers Who Know What You're Up Against
Our experienced Ontario lawyers who won’t back down from trucking companies
When a transport truck crashes, the damage isn't just physical; it’s life-changing. A collision involving a commercial vehicle doesn’t feel like a regular traffic accident. The injuries are often severe, the vehicles destroyed, and the road to recovery long and uncertain. If you've been hit by a truck in Hamilton, you’re likely facing pain, fear, insurance confusion, and pressure to settle before you’ve even had time to breathe.
The Hamilton truck accident lawyers at Smitiuch Injury Law help people pick up the pieces after devastating crashes. We understand how different these cases are from typical car accidents. There are more serious injuries, more complicated evidence, and more powerful opponents, including trucking companies with deep pockets and legal teams designed to shut down your claim before it gets off the ground. That’s where we come in. Contact us today to find out how we can help during a free consultation.
“Peter Cho and his team are very good at what they do and I can tell they enjoy their work as well. They are hard working and very compassionate. I cannot thank Peter and his team enough for what they have done for me. I can honestly say that I would not be where I am today if I did not have the help I got from Smitiuch Injury Law. Thank you!”– Deven B., ⭐⭐⭐⭐⭐
FAQ About Truck Accidents Cases in Hamilton
- Why are truck accidents different from car accidents?
- What types of truck accident cases do we handle?
- What causes most truck accidents?
- Who can be held responsible for a Hamilton truck accident?
- What compensation can I recover after a truck accident?
- Why should I act fast after a truck accident in Hamilton?
- Can I sue the trucking company even if the driver was at fault?
- What if the truck that hit me was from the U.S.?
- I was rear-ended by a truck but feel okay. Should I still see a doctor?
- Will my truck accident case go to trial?
- What does it cost to hire your firm?
Why are truck accidents different from car accidents?
Truck crashes aren’t just bigger; they’re a different animal entirely. Here’s why:
- The injuries are worse: A fully loaded tractor-trailer can weigh up to 80,000 pounds. When it collides with a passenger vehicle, the force is catastrophic. Victims often suffer traumatic brain injuries, spinal cord damage, internal bleeding, or multiple fractures.
- More people are involved: In a car accident, you’re typically dealing with one other driver and their insurance company. In a truck accident, liability could involve the driver, the trucking company, the vehicle owner, a leasing agency, the cargo shipper, and even the truck’s manufacturer.
- Time-sensitive evidence matters: Black box data, maintenance logs, dash cam footage, and driver logs can all help prove fault, but this evidence can disappear quickly unless action is taken fast.
- Corporate insurance companies play hardball: These companies often have entire legal teams devoted to reducing their financial obligations and delaying cases. Without a skilled lawyer, you're outmatched from the start.
Smitiuch Injury Law has handled truck accident cases across Ontario, and we know how to preserve evidence, deal with liability issues, and hold powerful companies accountable.
What types of truck accident cases do we handle?
Smitiuch Injury Law represents victims injured in a wide range of commercial vehicle crashes in and around Hamilton, including:
- Highway collisions on the QEW, Highway 403, and the Lincoln M. Alexander Parkway.
- Intersection crashes involving turning trucks or speeding rigs.
- Jackknife accidents where a truck folds in on itself and blocks traffic.
- Underride crashes where a smaller vehicle slides underneath the trailer.
- Rear-end collisions involving heavy trucks that can't stop in time.
- Rollovers from improperly loaded or top-heavy trailers.
- Mechanical failure due to poor maintenance or worn-out parts.
- Cargo spills causing secondary accidents or road closures.
Each of these situations requires careful analysis. We routinely work with experts in crash reconstruction, engineering, and trucking regulations to uncover exactly what went wrong and who’s responsible.
What causes most truck accidents?
While every crash is unique, some causes come up again and again in the cases we handle. Some of the most common causes of truck accidents in Hamilton include:
- Driver fatigue: Long-haul drivers often push past legal limits due to tight deadlines or pressure from employers.
- Distracted driving: Phone use, GPS navigation, or eating while driving can lead to disaster in a split second.
- Speeding: A speeding truck can’t stop quickly, especially on wet or icy Hamilton roads.
- Improper training: Some drivers aren't properly licensed or trained to handle large vehicles safely.
- Poor maintenance: Faulty brakes, bald tires, broken lights, and steering failures are common in neglected truck fleets.
- Overloaded or shifting cargo. Unbalanced loads can cause trucks to tip or veer out of control.
- Alcohol or drug use. Even legal medications can impair a driver’s reaction time.
It often takes a full investigation to determine the root cause and to expose negligence that may otherwise be swept under the rug. No matter what caused your truck accident, Smitiuch Injury Law can get to the bottom of it and fight to hold the responsible party accountable.
Who can be held responsible for a Hamilton truck accident?
A truck accident can be caused by one or more people. The most common culprits are:
- Truck driver, for careless or reckless driving.
- Trucking companies, for poor hiring practices or lack of training.
- The maintenance provider, if improper repairs were made.
- The shipping company, if they loaded the cargo unsafely.
- The manufacturer, if defective parts caused the crash.
Smitiuch Injury Law can thoroughly investigate your truck accident to identify every possible source of compensation. In many cases, fault is shared and we can pursue every angle to make sure no one escapes accountability.
What compensation can I recover after a truck accident?
If you've been injured in a truck accident, your life may never look the same again. The goal of compensation is to help you recover as fully as possible, both physically, financially, and emotionally.
You may be entitled to damages (legal term for compensation for financial losses) for:
- Hospital bills and future medical treatment
- Rehabilitation and therapy
- Lost income and future earning potential
- Pain and suffering
- Long-term disability
- Assistive devices and home modifications
- Out-of-pocket expenses (transportation, prescriptions, caregiver costs)
- Loss of enjoyment of life
If a loved one died in a truck crash, surviving family members may be able to file a wrongful death claim for funeral expenses, lost income, and the emotional toll of losing a spouse, parent, or child. Make sure you don’t leave any money on the table. Make sure you talk to a lawyer at our law firm as soon as possible.
Why should I act fast after a truck accident in Hamilton?
Trucking companies waste no time after a crash. Within hours, they may dispatch investigators to the scene, interview witnesses, and start building a defence. That’s why it’s so important to level the playing field early. Key evidence that can make or break your case may include:
- Electronic Logging Device (ELD) data: This shows how long the driver had been on the road and when they last took a rest break.
- Maintenance records: These records detail the truck’s repair history.
- Onboard cameras or dash cams: A nearby camera may capture the crash and the moments leading up to it.
- Cell phone records: If the truck driver was believed to be distracted, cell phone records can provide digital evidence.
- Hiring and training documents: These records might reveal poor safety practices.
Smitiuch Injury Law moves quickly to preserve this evidence and issue legal notices that stop it from being destroyed. The sooner you call, the stronger your case.
Can I sue the trucking company even if the driver was at fault?
In many cases, the trucking company can be held responsible for what their drivers do on the road. That’s called vicarious liability. But it doesn’t stop there. If the company cut corners on maintenance, didn’t follow safety regulations, or failed to properly train or screen the driver when hiring them, they could be directly liable too. Trucking companies have a duty to operate responsibly. When they don’t, they can and should be held accountable for their actions.
What if the truck that hit me was from the U.S.?
If the crash happened in Ontario, you can still file a claim here, even if the truck came from across the border. These cross-border cases come with extra layers, such as insurance issues, jurisdiction questions, and different laws on each side. It’s not something every law firm can handle. But we can. We know how to pursue claims against American drivers, their employers, and any Canadian insurance companies involved.
Smitiuch Injury Law has experience with nuanced, cross-border trucking cases. We know how to cut through red tape and keep your case on track.
I was rear-ended by a truck but feel okay. Should I still see a doctor?
Even if you feel fine, your body may just be running on adrenaline. Whiplash, concussions, or soft-tissue damage might not show symptoms right away. Days later, you could start noticing pain or discomfort. Without early medical documentation, that delayed pain can be harder to prove. A quick checkup now could make all the difference if problems appear later.
Our Hamilton truck accident lawyers have seen too many cases where people regret waiting. Let us help you protect your health and your case from the start.
Will my truck accident case go to trial?
The majority of truck accident cases are settled out of court. But there are times when the other side refuses to offer a fair deal. When that happens, you need a legal team that’s ready to go the distance. We prepare every case as if it’s going to trial, so if we have to fight in court, we’re ready. Smitiuch Injury Law never backs down from a courtroom battle. We’ll fight for the compensation you deserve, wherever that fight takes us.
What does it cost to hire your firm?
There’s no upfront cost to hire us. We work on a contingency fee basis, which means we only get paid if we win your case. If there’s no recovery, there’s no fee. When you do receive a settlement or court award, our fee comes out of that amount, not your pocket. Before you sign anything, we’ll walk you through the full details so you know exactly what to expect. It’s that simple.
Get an experienced Hamilton truck accident lawyer when the unimaginable happens
A truck crash isn’t just an accident; it’s a life-altering event. No one should have to face that kind of trauma alone. That’s why Smitiuch Injury Law is committed to standing up to the trucking industry and fighting for the compensation you deserve.
Whether your accident happened on the QEW, on a city street, or on your way home from work, we’re ready to help. We’ve represented people just like you who were injured, overwhelmed, and unsure where to start.
Contact us today for a free consultation with a Hamilton truck accident lawyer you can trust. We’ll explain your rights, your options, and how we can help you get maximum compensation and justice. There is no pressure to hire us, just clear answers and a team you can count on.
