Hamilton Personal Injury & Disability Lawyers Serving all of Ontario

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901-105 Main St. E
Hamilton, ON
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Red Hill Valley Parkway Hamilton Accidents

The Red Hill Parkway is one of Hamilton’s highways that seems to be plagued with hundreds of trucking accidents, car accidents and motorcycle accidents. Over the past 12 years single motor vehicle collisions collisions seemed to be the most prevalent collision type, followed by rear-end accidents and sideswipe collisions.  Accidents on the Red Hill Parkway are caused by a variety of factors including road conditions, weather and dangerous or distracted driving.  It’s a disturbing trend we’re seeing as Hamilton personal injury lawyers.

If you or a loved one has been hurt on the Red Hill Valley Expressway, we know your priority is to focus on your recovery plan, to rehabilitate, to get out of the Hospital, to stay as positive as you can and to try and get back to as normal a routine as you can.  We understand the emotional and physical toll that accidents have on accident victims.  At the same time, it’s important you receive the compensation you deserve, especially as it can help with the costs associated with your physical and mental recovery and future wage losses if you are unable to work.

This is why we handle every aspect of your case to ensure you receive the best possible outcome. We know how to appropriately navigate the litigation process, know when to settle or when going to trial is the best course of action.

Tips to Ensure a Safe Ride on the Red Hill Valley Parkway

  • Don’t speed – High speeds are a common cause of accidents on this stretch of highway.  We know it’s an easy mistake to make; however, it’s best if everyone drives the posted speed limit.  Accidents at high speeds can have disastrous consequences.
  • Be aware of the other cars on the road.  Watch for signs of people changing lanes without signalling or slowing down.  Side swiping and rear enders are common accidents.
  • Focus – Educating drivers on the perils of distracted driving is a cause we stand behind.  This includes everything from texting, not using a hands-free device while talking on the phone, to eating and looking back to talk to the passengers in the back seat.  We’ve even seen people flipping through a magazine or papers while driving.  If the cell phone sitting in your console or seat beside you is too tempting, perhaps turn the ringer off and put it in the backseat or the trunk. That act alone could save lives.
  • Drive For Weather Conditions – In the rain and the snow, the Red Hill Valley Parkway can become dangerously slippery.  Drive for the weather conditions and exercise caution in bad weather.
  • Ensure Regular Maintenance Of Your Car – If you can avoid a stall, a flat tire, a tire coming off or any other car problems, you can help avoid a potential accident. Of course, cars fail and accidents happen. Anytime a car runs into car trouble on the highway, it can cause traffic delays and have the potential for an accident.  By regularly performing routine maintenance and checks on your car, your oil and your tires you can help yourself ensure a safe ride.

Contact our Hamilton Personal Injury Lawyers today

If you have been injured in a car accident on the Red Hill Parkway, please do not hesitate to call our Hamilton Personal Injury Lawyers today.  Distracted driving and speed is a serious problem in Ontario. Our dedicated team takes this issue very seriously and can help you receive the financial compensation and help you deserve. We fight for you so you don’t have to.

Lalande & Company Lawyers specialize in helping car accident victims who have suffered serious, life-changing injuries. Contact us at (905) 333-8888, fill in a contact form or chat with our live agent 24/7/ We offer free consultations and ready to help.

Punitive Damages in Car Accident Cases

3 Minute Read from Hamilton Car Accident Lawyers

Sometimes in personal injury or wrongful death car accident cases, it might be obvious that a defendant should be “punished” for his or her reprehensible actions. In these types of cases, punitive damages should be argued – but it is important to understand however that punitive damages are not often awarded in car accident cases.  However, when a driver willfully and recklessly causes injury or death to another motorist, pedestrian or cyclist – victims or families of victims may able to collect added punitive damages. The conduct must be egregious and the wrongdoer’s conduct must be in total disregard for public safety.

What exactly are punitive damages?

Punitive damages are damages that are not compensatory (meaning that they are not intended to recompense someone who has experienced loss, suffering, or injury). Rather, punitive damages are intended to address the purposes of retribution, deterrence and denunciation. Courts normally limit punitive damage awards to misconduct which markedly departs from decent behavior and are reserved for wrongful acts that are so “malicious and outrageous that they are deserving of punishment on their own.”  Unlike the USA, our Court have clearly indicated that punitive damages should only be awarded in exceptional circumstances.

What factors should be considered when awarding punitive damages?

Judge Gerow, in the case of Thomson v. Friedmann, reviewed the factors a court should consider when determining whether punitive damages should awarded – and if so, how much. She outlined the following:

a) punitive damages should be assessed in an amount reasonably proportionate to such factors as the harm caused, the degree of the misconduct, the relative vulnerability of the plaintiff and any advantage or profit gained by the defendant;

b) punitive damages should take into account any other fines or penalties suffered by the defendant for the misconduct in question;

c) punitive damages should generally only be awarded where the misconduct would otherwise be unpunished or where other penalties are or are likely to be inadequate to achieve the objectives of retribution, deterrence and denunciation;

d) the purpose of punitive damages is to give the defendant her or his “just dessert”, deter the defendant, and others, from similar misconduct, and to mark the community’s collective condemnation of what has happened. Punitive damages are only awarded when compensatory damages are insufficient to accomplish these objectives;

e) punitive damages are awarded in an amount that is no greater than necessary to accomplish their purposes and are generally moderated; and

f) the court should assess whether the conduct of a defendant should be punished over and above the requirement to pay non-pecuniary, pecuniary and aggravated damages.

Punitive Damages and Car Accidents

Punitive damages have  been awarded against defendants in motor vehicle cases.  For example:

• In a recent case called Howell v. Machi, the Supreme Court of British Columbia awarded $100,000.00 in punitive damages against a driver in a hit and run accident.

• In a case called McIntyre v. Grigg the Ontario Court of Appeal reduced a jury’s $100,000 punitive damage award to $20,000 against a defendant driver that hit a pedestrian. The driver’s blood alcohol level, at the time of the accident, was two to three times over the legal limit;

• In a 2017 case called McCaffery v. Arguello, 2017 BCSC 1460 (CanLII), I awarded $30,000 in punitive damages arising from a road rage incident.

• In a 1991 case called McDonald v. Wilson, Judge Hood awarded $5,000 in punitive damages and $1,000 in aggravated damages against a defendant driver who intentionally tried to strike the plaintiff.

• Similarly, in Stevenson v. Vance, $2,500 in punitive damages was awarded against a defendant who intentionally ran over the plaintiff’s legs after stealing from a store in which the plaintiff worked as a security guard; and

• In in a 1998 case called Herman v. Graves, a plaintiff was awarded $3,500 in punitive damages arising from a road rage incident and.

Punitive and exemplary damages are one of the most important aspects of any personal injury

It is important to note that punitive damages are about conduct – they are meant to punish the wrongdoer. If you believe that you or a family member has been hurt or violated by such an egregious act or a conscious disregard for public safety, please call us at (905)333-8888, fill in a contact form or chat with out live operator, 24/7.  We can assist if your loved one has been seriously hurt of have lost their life in a drunk driving accident, distracted driving accident, texting and driving accident, speed racing accident or stunt driving accident. We are available to meet at your convenience and we never charge up front fees.

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