Toronto Truck Accident Lawyers

Toronto Truck Accident LawyersIf a heavy truck injured you or a loved one in Ontario, contact the Toronto truck accident lawyers at Auger Hollingsworth to fully investigate the causes of the accident, identify all liable parties, and understand the full extent of your injuries. 

Our clients are our highest priority. We work to ensure the fullest compensation permitted under law and insurance policies.  

Nearly 2,000 Canadians are injured annually, with another 10,000 seriously injured from heavy trailer-truck accidents. The combination of heavy haul trucks, some weighing 12,000 pounds, and truck drivers’ often poor working conditions, can be lethal especially during Canadian winters. Because Toronto is a transportation and commerce hub, heavy trucks are concentrated in the vicinity; heavy trucks have double the fatality rate than other vehicles. 

Causes of Truck Accidents in Ontario

Just like any vehicle accident, there are a myriad of things that can cause a truck accident. Truck driving can be very dangerous, which is why the industry is so highly-regulated. Which is a good thing, but it can make filing a claim after an accident tricky for anyone but a professional.

Accidents can result from truck driver errors:

  • Fatigue
  • Alcohol or drug use
  • Failure to yield the right of way
  • Reckless driving
  • Speeding 
  • Jackknifing
  • Excessively wide turns
  • Blind spots

Accidents can also result from poor vehicle maintenance:

  • Overloaded or oversized truck
  • Poor maintenance of tires or brakes 
  • Problems with safety systems, lights, or reflectors

And accidents can result from poor supervision: 

  • Improperly trained drivers
  • Inexperienced drivers
  • Unrealistic schedules 

Or accidents can be caused by road or weather conditions:

  • Ice or hail causing slick roads
  • Smoke or fog causing poor visibility
  • Badly maintained roads
  • Inadequate or confusing signage

Heavy haul trucks are difficult vehicles to maintain and operate. Their size and mass magnify any possible safety hazards, including bad brakes, uneven weight distribution, and blind spots. These safety hazards are further compounded by the stresses placed on truck drivers, who are too often overworked, lacking in sleep, and distracted during a long haul. Truck accidents require investigation by skilled attorneys to uncover all of the accident’s causes.

Common Truck Accident Injuries in Toronto

One-in-five Ontario road accidents involve a large commercial truck. The size and weight of trucks certainly increase the potential for serious injury and death in accidents involving automobiles. A large commercial truck, fully loaded, might weigh as much as 80,000 pounds. A typical car weighs in at 4,000 pounds. When they collide, the consequences can be devastating and long-lasting for the passengers in the car.

Some of the most common truck accident injuries include:

  • Head injuries
  • Concussions
  • Traumatic brain injuries (TBIs)
  • Whiplash
  • Neck injuries
  • Spinal cord damage
  • Paralysis or paraplegia and quadriplegia
  • Bone breaks or fractures
  • Shoulder injuries
  • Knee injuries
  • Dislocations
  • Internal bleeding
  • Burns 
  • Lacerations
  • Scarring or disfigurement
  • Soft tissue injuries
  • Severe sprains
  • Amputation
  • Other serious injuries
  • Death

Because the injuries from a truck accident can be so severe, medical costs for your care afterwards can be astronomical. Not to mention, if your injuries are life-altering, you’ll need ongoing care and may not be able to work moving forward. You’ll need insurance and medical support to adjust to your new life after the injuries. 

However, the truck and insurance companies will likely try to pay as little as possible, regardless of the severity of the injuries you sustained. That’s why it’s important to work with an experienced truck accident attorney. They’ll know the regulation and deadlines, and will help hold the trucking company accountable for their negligence and get you the compensation you deserve. 

When to Hire a Truck Accident Lawyer

If you or a loved one were injured in an accident with a heavy commercial truck, you should talk to an experienced truck accident lawyer to ensure you get the compensation you deserve.

Ontario has very strict guidelines for truckers and truck companies to ensure the safety of everyone on the road. Whether the trucking company operates semi-trailers, gravel trucks, garbage trucks, dump trucks, or other kinds of trucks, they’re required to be insured and comply with a myriad of laws and regulations that allow them to drive safely. But while these regulations protect drivers, they can also make filing a claim against the companies confusing. That’s why working with a lawyer is so helpful.

Working with an experienced personal injury lawyer can help by:

  • Representing you in court.
  • Negotiating with insurance companies.
  • Having in-depth knowledge of deadlines, damages, and potential compensation.
  • Providing expertise that increases your chances of winning your claim.
  • Identifying additional areas of negligence that open up possibilities for further compensation.
  • Avoiding potential financial losses in court.

Canadian law imposes tight deadlines on accident victims. Accident victims must act quickly to preserve all of their rights, which means securing experienced legal counsel as soon as possible. Auger Hollingsworth’s attorneys are ready to serve your needs.

At Auger Hollingsworth, our contingency agreements mean that you won’t pay for our services unless and until we get a settlement or judgement on your behalf. Set up a free consultation with our team today to learn how we can support you.

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Free Consultation with Experienced Toronto Truck Accident Lawyers

Toronto personal injury lawyers Richard Auger and Brenda Hollingsworth have represented clients who have suffered serious and life-altering injuries due to the negligence of a truck accident driver. 

Most drivers have their trucking company’s legal team and insurance companies resources available to support them after an accident. They can quickly gather and analyze evidence from the truck’s recordings and sensors. That type of evidence make truck accident claims more complex than a normal vehicular accident claim.

The trucking company and insurance team will likely try to pay as little as possible, or nothing at all, in compensation, regardless of who is at fault for the accident. You can protect your interests by working with an experienced truck accident lawyer. Contact our firm for your free consultation as soon as possible after a truck accident. We’ll meet you wherever you’re comfortable, whether that’s your home, the hospital, our office, or somewhere else.

We put your needs first, so you won’t pay anything unless and until you get a settlement or judgement. 

What to Do After a Truck Accident

The first thing to do after you experience a trucking accident is not to panic. Make sure you seek medical attention immediately if you’re injured. Once you’ve done that, there are several steps you can take to improve your chances of securing the compensation you need to recover from your injuries. These steps include:

  1. Get the driver’s name, address, license number, and insurance information. You’ll also want to log the name of the trucking company that employs the driver. 
  2. Call the police and wait for them to arrive. Having a police report will help your claim, and the police will take statements and record evidence you may need for your claim.
  3. Seek medical attention if you haven’t already. Besides improving your health outcome and ensuring you don’t have hidden injuries, medical records will be useful to prove your injury was caused by the accident.
  4. Meet with a personal injury lawyer for a free case evaluation. Our team of experienced truck accident lawyers offer free, no-pressure advice about your rights and entitlements after you’ve been hurt. Schedule your free consultation today.
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Compensation for Trucking Accidents in Toronto

There are two types of claims an injured person can file after a commercial trucking accident: Accident Benefits or “No-Fault” Benefits and a lawsuit or tort claim. Accident Benefits or “No-Fault” Benefits are available regardless of who is responsible for the accident. Current laws limit the amount of time available to secure Accident Benefits. These laws also limit the amount of money available for any claim.

  • Up to $50,000 for medical and rehabilitation benefits
  • Up to $3,000 per month for Attendant Care Benefits, to a maximum of $36,000
  • Up to $400 a week for Income Replacement Benefits
  • Catastrophic injuries might provide additional benefits

The second way to seek compensation for injuries resulting from a trucking accident is through filing a lawsuit against the at-fault driver, owner, and/or operator of the truck. This option is only available if the injured party is not at fault for the accident. A successful tort claim can recover damages for the following: 

  • Pain and suffering
  • Loss of mobility or limbs
  • Lost income
  • Short and long term medical and rehabilitative care
  • Out-of-pocket expenses

Canadian law imposes tight deadlines on accident victims. Accident victims must act quickly to preserve all of their rights, which means securing experienced legal counsel as soon as possible. Auger Hollingsworth’s attorneys are ready to serve your needs.

Frequently Asked Questions about Truck Accidents

How Much Time Do I Have to File a Legal Claim After an Accident?

Canadian law imposes tight deadlines on accident victims: 7 days to inform the insurance company of the accident; 30 days from receipt of application to pursue Accident Benefits or “No-Fault” Benefits; and 120 days to give notice to the at-fault driver and owner of intention to sue.

There is a two-year statute of limitations on filing a lawsuit or tort claim. Timely filing of suit is important to locate witnesses and get them to tell their stories while they still remember; to preserve documents, especially vehicle maintenance and driver’s logs; and to preserve dashcam videos, if available. 

Contact Auger Hollingsworth as soon as possible to preserve the full extent of your rights and options.  

Why are Truck Accidents in Toronto So Complicated

Uncovering the causes of a Toronto truck accident requires examination of both the driver and the owner or operator of the truck, because truck operation and truck maintenance are potential causes of any accident. It’s not just a matter of poor driving as a proximate cause, but the maintenance requirements to keep a heavy truck in good repair, the proper loading of a truck, and the supervision of employee or contractor drivers. Assessing the interaction between operation and maintenance, as well as ownership, requires the skill of experienced attorneys. Auger Hollingsworth’s Toronto truck accident attorneys have these skills.

Ownership adds another level of complexity to truck accident litigation. Who owns the truck, who owns the bed, who owns the load, who is responsible for maintenance, and whose insurance coverage is viable? These are just some of the questions Auger and Hollingsworth truck accident lawyers ask.

Who can be liable in a truck accident in Toronto?

Commercial truck accidents often involve different companies and their respective insurance carriers. Identifying all of the potentially liable parties requires timely investigation by experienced litigators. 

  • Was the truck driver speeding, exhausted, driving under the influence, or violating traffic laws?
  • Did the trucking company have knowledge that the driver was reckless or subject to prior traffic violations?
  • What company was responsible for maintaining the truck?
  • Who is the owner of the truck’s cab?
  • Who is the owner of the truck’s trailer, if different?
  • What company packaged the contents of the truck, in the event of a weight shift as a cause of the accident?
  • Who is the truck manufacturer, in the event of equipment failure?

The complexity of liability requires swift investigation because of deadlines for filing claims and the two-year statute of limitations for filing suit in Ontario. That’s why Auger Hollingsworth’s lawyers are right for you.

Do truck drivers in Canada have different laws than other drivers?

Yes, commercial truck drivers in Ontario must abide by specific laws designed to keep everyone safe – trucks, as well as other cars on the road, and pedestrians. For example, truckers are only allowed to drive for a certain number of hours without resting. Unfortunately, many truckers don’t follow that rule in order to make more cargo deliveries, which can lead to inattentive driving and accidents. 

Trucking companies also have different insurance regulations than normal drivers. As a result, the insurance carrier may also be held liable for your injuries sustained in a truck or tractor-trailer accident. 

Who is responsible for truck accident injuries?

Determining liability for a truck accident depends on a myriad of factors, including the cause of the crash, condition of the driver, the maintenance of the truck, and the trucking company’s policies. A good example would be the truck driver would be held liable in the case of the driver being impaired. But if the driver wasn’t trained properly, then the trucking company would be held liable. 

A truck accident lawyer will listen to the details of the crash and injuries, and help to determine if the driver, trucking company, or the insurance companies involved will owe you compensation. Contact Auger Hollingsworth to schedule your free consultation.

To determine the claim amount, the amount of your damages and the extent of your injuries will be considered.

 A knowledgeable personal injury attorney can help you negotiate the best settlement or fight for a higher claim amount in court.

How Much Time Do I Have to File a Legal Claim After an Accident?

Canadian law imposes tight deadlines on accident victims: 7 days to inform the insurance company of the accident; 30 days from receipt of application to pursue Accident Benefits or “No-Fault” Benefits; and 120 days to give notice to the at-fault driver and owner of intention to sue.

There is a two-year statute of limitations on filing a lawsuit or tort claim. Timely filing of suit is important to locate witnesses and get them to tell their stories while they still remember; to preserve documents, especially vehicle maintenance and driver’s logs; and to preserve dashcam videos, if available. 

Contact Auger Hollingsworth as soon as possible to preserve the full extent of your rights and options.  

What Our Clients Say:

“I called the firm of Auger Hollingsworth after being hit by a car. They were very quick to act for me through the whole process. Everything that I needed for medical they made sure I received and was quick to settle. I would recommend this firm to anyone and thanks again Auger Hollingsworth for the great work and standing behind me.”

Kevin Marshall

Rating: 5/5 ⭐⭐⭐⭐⭐

What Should I Do If I Was Involved in a Truck Accident?

Call Auger Hollingsworth to get a free assessment of your case today. +1 (613) 233-4529 or email us at [email protected]

Our clients are our top priority. We want to hear your story so that we can serve your needs. Claims need to be investigated and timely filed to preserve all of your rights.

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