An Experienced Hamilton Car Accident Lawyer

Read-end car accidents in Hamilton can result in a lot of finger-pointing. When you find yourself in this situation, contact my law firm, Derek Wilson Injury and Disability Law, as soon as possible. My law firm focuses exclusively on personal injury cases and disability insurance claims, so I am poised to help you seek full compensation.

Why Work with Derek Wilson as Your Rear-End Collision Lawyer in Hamilton?

At Derek Wilson Injury and Disability Law, you work directly with me, Derek Wilson, so your case is never passed on to a junior with less experience. I will provide you with direct answers, with no jargon, no call centre, and no pressure. I will personally oversee your case, gathering witness statements, medical reports, and accident evidence, while also handling communication with the insurance adjuster. This is rare in the legal field, but I have designed my law firm this way to ensure you get the benefit of my more than 30 years of experience in your case.

My law firm focuses exclusively on personal injury and disability claims, and I am selective about the cases I take on. This means that when we work together my resources are concentrated on your case and I can respond to your emails and phone calls quickly.

I spent the early years of my career representing insurance companies for a Toronto law firm. I saw firsthand how companies work to deny and minimize claims. After my experience, I returned to Hamilton, my hometown, because I wanted to help those who have been injured and who are facing these insurance companies. I am able to use my experience representing insurance companies to fight back when you are injured.

I am proud of having been recognised with “Best Law Firm” and “Best Lawyer” distinctions from my peers, but what I am most proud of are the comments from my clients, who tell me what a difference I have made. The results I get for my clients, and the relationships I build, are reflected in a 5.0 Google rating. I have worked hard to be nationally recognized for excellence, while providing the small-firm attention that lets me get to know my clients and their needs.

If you have been in a car accident and want an attorney with a track record of results who will also treat you with care, contact my law firm for a free consultation.

What Is a Rear-End Collision under Ontario Law?

Rear-end collisions are one of the most common types of crashes in Hamilton. Whether caused by tailgating on the LINC, sudden braking on the Mountain access, or slowdowns near Queenston and Centennial during rush hour, these crashes often result in injuries that result in persistent pain or lost capacity for work.

Rear-end collisions happen when the front of a vehicle hits the rear of another. Often, this occurs because one car was following another too closely.

Fault Determination Rules in Ontario

In Ontario, responsibility for a rear-end collision is guided by the Ontario Fault Determination Rules, specifically Rule 6.2/6.3/6.4. These rules are used by insurance companies to assess blame:

• Rule 6.2. If your vehicle (“A”) is stopped or moving forward and gets struck in the rear, you’re 0% at fault; the rear-ending driver (“B”) is 100% at fault.
• Rule 6.3. If you’re turning into a driveway or private road and get hit from behind, you’re also assigned 0% fault.
• Rule 6.4. The same applies if you’re entering a roadside parking spot; again, you’re not at fault.

In chain-reaction crashes, like three-car rear-end collisions on Main Street during evening rush, Rule 9.3 splits fault: the middle vehicle is often 50% responsible when all are moving.

However, there are exceptions and a thorough investigation is needed to determine exactly what happened. This is where working with a rear-end accident lawyer in Hamilton can help. Your lawyer has the resources and network of professionals needed to find out what happened and who was at fault in your accident.

Types of Rear-End Car Accidents We Handle

In Hamilton, rear-end crashes happen in a surprising variety of ways. I have worked with people who have been in an accident while waiting in a parking lot, while driving to and from work, and while trying to get through rush-hour traffic on the 403. Here are some scenarios I work with:

• Stopped-vehicle impacts. A car that stops at lights is at risk of a rear-end crash if drivers around them are distracted.
• Turning-in collisions. Heading into a driveway off a busy street and getting struck from behind triggers Rule 6.3, affirming that you’re not responsible.
• Truck accidents. Large trucks require more time to come to a stop. When cars cut in front of commercial trucks, truck drivers may not be able to stop in time to prevent a truck accident.
• Parking-entry hits. Pulling into a roadside spot and being rear-ended invokes means you are typically not held responsible.
• Chain-reaction crashes. Sometimes, multiple cars in a row merge into traffic, and the middle one takes a blow from both sides.
• Tailgating collisions. Drivers pressed too close behind you, which is common on Hamilton’s roads, can lead to injury.

I can help with a range of injuries and types of car accidents and pedestrian accidents, so if you have been injured, reach out to my law firm for a free consultation.

Injuries and Damages Common in Rear‑End Accidents

Even relatively low-speed rear-end collisions can produce lingering injuries, including:

• Whiplash and soft tissue injury. These injuries may manifest symptoms days later, with neck pain, headaches, or shoulder discomfort.
• TBI (traumatic brain injury). A rear-end crash can result in concussions or more serious TBIs that lead to permanent disability.
• Musculoskeletal impacts. Back pain, sore joints, or shoulder strain can linger and interfere with daily activities.
• Emotional or psychological damage. Anxiety, post-traumatic stress, or fear of driving again are not uncommon after a car accident.

In addition to medical injuries, most drivers experience car damage requiring repairs. In some cases, they face further losses as they need time away from work.

What You Should Do After a Rear‑End Accident

If you have just been in a rear-end accident, pull over if you can do so without further risk, and call 911 if anyone is hurt. Even if injuries seem minor, seeking medical attention is crucial, because it is just too easy to miss crucial symptoms.

Next, document everything, if you can. Take photos of the vehicle damages, skid marks, and the surrounding scene. Exchange information with the other driver, and get the contact information of any witnesses. If you are seriously injured, it is best to call 911 and let police at the scene worry about collecting the details.

Finally, consider speaking to a personal injury lawyer as soon as possible. Insurance adjusters may reach out, but their goal is often to minimize what the insurer pays. At Derek Wilson Law, my law firm works to make sure you can seek full compensation for your injuries.

How Compensation Works in Ontario

You may have a few options for insurance. If you were not at fault and have DCPD (Direct Compensation Property Damage), your insurer handles vehicle repairs. Otherwise, your own collision coverage may apply.

In addition, Accident Benefits will cover treatment not covered by OHIP, medical rehabilitation, and income support for lost wages, as well as some other benefits, regardless of fault.

If someone else’s negligence caused your accident, you could pursue a tort claim, usually known as a personal injury claim. If you may have a claim, it is worthwhile to consult with a rear-end accident lawyer in Hamilton as soon as possible. A car accident claim can help you seek damages beyond what insurance can cover, including pain and suffering, long-term impairment, or permanent disability. This fuller compensation can ensure you have the money to pay for the support you need.

What To Expect From the Legal Process

After a rear-end accident in Hamilton ON, the legal process usually begins with a free consultation. This is your chance to sit down directly with me and to get answers.

Once we decide to work together, the first stage involves gathering accident evidence and investigating the crash to ensure the claim is built on a strong factual foundation. Once your injuries are assessed and the full impact on your life becomes clearer, I will file a claim and negotiate with insurers and defendants, seeking a fair settlement.

If negotiation does not lead to a fair settlement, litigation may follow. This does not always mean a trial, since many cases resolve during mediation or pre-trial conferences. Throughout the process, I will keep you updated, so you always know what is happening.

Most cases conclude with a settlement, providing compensation for pain and suffering, medical rehabilitation, and other losses. While timelines vary, the goal is always to secure a result that reflects the full impact of the accident on your life.

Understanding Legal Fees

At Derek Wilson Injury and Disability Law, we keep things simple and transparent. Our work is done on a contingency fee basis, which means you do not pay upfront. We only receive payment if your case is successful. In other words, you focus on your recovery while we take on the financial risk of pursuing your claim.

This model is especially important when dealing with the costs of medical rehabilitation, lost wages, and vehicle damages after a rear-end collision. Many clients in Hamilton, ON come to us after being struck on busy routes like the LINC, Main Street West, or the QEW, where tailgating and stop-and-go traffic often lead to serious rear-end crashes. Knowing you don’t need to pay hourly rates helps reduce stress during what is already a difficult period.

I also explain fees clearly from the start. You’ll never face hidden charges, and you’ll always know what percentage of your settlement or award would be applied to legal costs.

Seeking Maximum Compensation

Insurance companies often try to minimize damages by suggesting injuries are “minor.” But anyone who has lived with a lingering neck injury, headaches from a concussion, or mobility challenges knows the impact is far from small. We use medical records, accident evidence, and, when necessary, crash reconstruction experts to demonstrate the full scope of harm.

I cannot emphasize enough how important it is to get fair compensation now. Once you accept an insurance settlement, you will usually not be able to seek further compensation from the insurer, so if you find out later that you are more seriously injured than you initially thought, you may have few additional options. Seeking fair compensation now ensures you can pay for property damage, any impact on your career and earnings, and any medical bills you may face now and in the future. 

By documenting not just your immediate bills but also the long-term effects, my team aims for a fair settlement that reflects the true cost of your accident. If insurers refuse to be reasonable, we are prepared to move forward with litigation.

Medical Expenses and Damage Recovery

One of the most overwhelming aspects of a rear-end accident is dealing with mounting costs. While OHIP covers some of the medical costs, it does not cover all of them, including medication, medical devices, at-home care, and more.

Insurance coverage and a personal injury claim, if you qualify, can help you seek compensation for all these losses, including:

• Medical rehabilitation, physio, massage, chiropractor, or cognitive therapy.
• Vehicle damages.
• Lost wages, including time off for recovery, missed income, or reduced earning capacity.
• Pain and suffering.

If you’re not sure how much you can seek or how you can seek compensation, contact my law firm for a free consultation. I can listen to details about your accident and answer your questions.

Get Started Today – Free Consultation & Next Steps

Contact Derek Wilson Injury and Disability Law today to schedule your free consultation and learn how we can help you recover the compensation you deserve.