At all times of day, throughout Ontario, there is a significant number of trucks travelling across Ontario roads. With traffic, speeding cars, weather conditions and other variables, accidents involving trucks are inevitable. Truck accidents are among the most devastating types of collisions on Ontario’s roads. With the sheer size and weight of these vehicles, truck accidents often result in serious injuries, extensive property damage, and fatalities. For truck accident victims, dealing with the aftermath of an accident can be overwhelming, especially with navigating legal claims, medical bills, and insurance. That’s where a personal injury lawyer with experience dealing with truck accident lawyer can be your greatest asset.
Bergel Magence Personal Injury Lawyers has been helping victims of truck accidents in Ontario for over 50 years. Our team of dedicated personal injury lawyers understands the complexities of these cases and is here to ensure you get the compensation you deserve. Our Toronto based personal injury law firm helps people seriously injured in truck accidents get the justice and compensation they deserve.
Why are Truck Accidents Different from Car Accidents?
Accidents involved trucks lead to different outcomes than those with only cars due to a variety or reasons. Here are ways these accidents differ from car accidents:
- Vehicle Size and Impact: Trucks are big and heavy. The average truck can weigh up to 30 times more than a passenger vehicle. This significant weight difference dramatically increases the force of impact, often leading to catastrophic outcomes such as serious injury, traumatic brain injury (TBI), or even death.
- Multiple Liable Parties: Truck accidents are different than car accidents regarding liable parties. Unlike car accidents, where liability usually rests with one of the drivers involved, truck accidents can involve multiple parties. The truck driver, the trucking company, the vehicle manufacturer, and even the entity responsible for loading the truck can all be liable.
- Federal and Provincial Regulations: There are strict regulations that are set by the federal and provincial governments regarding trucking companies. These regulations have been set for safety reasons. These regulations cover driver work hours, truck maintenance, and cargo weight limits. Violations of these rules may directly lead to accidents, making them an important part of any legal claim.
- Insurance Coverage: Due to the danger associated with trucking, trucking companies carry larger insurance policies than private drivers. These policies are often in the millions of dollars amounts. While this means more potential compensation for victims, it also means victims of trucking accidents will be dealing with aggressive insurance companies that will attempt to minimize payouts.
What are Common Causes of Truck Accidents in Ontario?
Truck accidents can happen for various reasons, some preventable and some unavoidable. Here is a list of some of the most common causes of trucking accidents in Ontario:
- Driver Fatigue: The job of truck driving requires driving significant distances. A reality of the job is that it often requires working long hours, and despite regulations limiting their driving time, fatigue can still be a significant factor. In fact, according to the Ontario Ministry of Transportation, fatigue is one of the leading causes of crashes involving large commercial vehicles.
- Distracted Driving: Cellphone usage has made distracted driving a major concern on Ontario’s roads. Whether it’s a truck driver texting on a smartphone or trying to find a podcast to listen to while rolling down the road, any lapse in attention can lead to serious accidents.
- Speeding: High speeds are one of the most frequent causes of road accidents, and when trucks exceed the speed limit, the consequences can be devastating. Due to their extreme weight, large trucks require additional space for breaking. When these trucks are moving at high speeds, the impact of an accident becomes increased and thus can lead to severe injuries.
- Poor Truck Maintenance: Trucking companies are responsible for ensuring their fleet is well-maintained. Sadly, this may not always be the case. Some companies may not care for their fleet as necessary. This means some trucks may have faulty brakes, worn tires, and other mechanical failures. These issues are common causes of accidents, and a personal injury lawyer that has experience with truck accidents can hold negligent companies accountable when trucks are not properly maintained.
- Improper Loading: Properly loading and securing truck cargo is critical for a safe ride. When a truck’s cargo is improperly loaded or secured incorrectly, it may shift during transit. This will make the vehicle unstable and can result in tire blowouts or tip-overs, posing a danger to other motorists.
What Should You Do After a Truck Accident?
Truck accidents occur throughout the year and in all areas of Ontario. If you or a loved one has been injured in a truck accident here are the steps you/they should take:
- Seek Medical Attention: Your health and safety are always priority one. After any accident, get medical attention. This goes without saying if you have noticeable significant injuries. But even if you seem to be fine after the accident, seek medical attention regardless. You may have unseen injuries, or they may develop after.
- Contact the Police: Once you have made sure you are alright, contact the police. The police will create a police report that will document important details like driver statements, citations, and witness information. Police reports can be crucial when filing a claim.
- Document the Scene: After any trucking accident, take as many pictures as possible. This should include pictures of all vehicles that were involved in the accident, your injuries, the conditions of the road, and any other things that may be relevant to the crash. This evidence can be invaluable when building your case.
- Reach Out to a Personal Injury Lawyer: The sooner you get legal representation, the better your chances of securing justice and fair compensation. A personal injury lawyer experienced in truck accident cases can investigate the accident, gather evidence, and negotiate with insurance companies on your behalf. They will create a firewall between you and the insurance companies, allowing you to solely focus on your wellness.
- Avoid Speaking to Insurance Adjusters: Trucking companies and their insurers will try to quickly contact individuals injured in trucking accidents. Accepting any early offers from trucking companies and their insurance companies are rarely in your best interest. Before speaking with an insurance adjuster, consult with a truck accident lawyer to understand your rights and options.
What Compensation Can You Recover After a Truck Accident?
The compensation someone can recover after a truck accident varies depending on the accident, however certain types of compensation is common in these types of accidents. Victims of truck accidents are often entitled to compensation for various damages. These can include:
- Medical Expenses: This includes emergency care, surgeries, rehabilitation, and ongoing treatment for long-term injuries.
- Lost Wages: You can claim compensation for lost income and loss of earning potential if you’re unable to return to your job due to injures sustained in the accident.
- Pain and Suffering: Truck accident victims often endure physical pain and emotional distress. Compensation for pain and suffering can be awarded depending on the severity of the injuries.
- Property Damage: This covers repairs and potentially replacement of your vehicle and any personal belongings damaged in the accident.
- Future Care Costs: In cases of long-term or permanent disability, victims may require future medical care, home modifications, or assistive devices, all of which can be factored into a settlement.
Truck Accident Statistics For Ontario
Truck accidents are unfortunately common on Ontario’s roads. According to the Ontario Provincial Police, there were over 7,000 commercial vehicle-related collisions in Ontario in 2022 alone, accounting for nearly 15% of all road fatalities in the province. With trucks accounting for a significant portion of the traffic on highways such as the 401 and the 400, the risk of accidents is ever-present.
Of the collisions involving large trucks, 76% resulted in serious injury or death, highlighting the disproportionate danger posed by these vehicles. Truck accidents are not only devastating for those directly involved, but they also frequently result in multi-vehicle crashes due to the large size and impact of commercial trucks.
Why Do You Need an Experienced Truck Accident Lawyer?
Being injured in an accident is never a good thing, but accidents from truck related collisions are usually severe. This makes the pain and recovery difficult and all consuming. Navigating an accident claim on your own is always challenging, but this is especially true when going up against large trucking companies and their insurance providers. A personal injury attorney who is experienced with truck accidents can handle the complexities of your case, ensure that all responsible parties are held accountable, and work to secure the maximum compensation for your injuries. Justice for your accident is pinnacle and an experienced truck accident lawyer will help make that happen.
At Bergel Magence, we have successfully represented countless truck accident victims across Ontario. With over 50 years of experience, our team knows the ins and outs of personal injury law and is committed to delivering the best possible results for our clients.
If you or a loved one has been injured in a truck accident, don’t wait to get the legal help you need. Contact Bergel Magence for a free consultation and let us fight for the compensation you deserve. With decades of experience in personal injury law, we have the expertise to handle even the most complex truck accident cases.
Call us today at 416-665-2000 or visit our website at www.bergellaw.com to schedule your free consultation. Let Bergel Magence be your advocate in this challenging time.
