Toronto Truck Accident Lawyers
If 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
One in five Ontario road accidents involves 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.
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.
Accidents can result from truck driver errors: fatigue; alcohol or drug use; failure to yield the right of way; reckless driving; or speeding. Accidents can also result from poor vehicle maintenance: an overloaded or oversized truck or poorly maintained brakes and tires. And accidents can result from poor supervision: an improperly trained or inexperienced driver; unrealistic schedules that press drivers into not taking rest and food breaks.
Why Truck Accidents in Toronto are 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.
Finding All of the Liable Parties
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.
Compensation for Trucking Accidents
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
Auger Hollingsworth’s Toronto truck accident lawyers can represent you by meeting all deadlines and pursuing all liable parties. We will fight for fair compensation to fully address your injuries and their impact on you and your family’s lives.
Filing a Truck Accident Claim
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.
In this second part of a 3-part interview personal injury lawyer Brenda Hollingsworth describes what steps to take after an Ontario motor vehicle accident.
Get a FREE assessment from us here https://www.personalinjuryottawa.ca
Are you looking for expert advice after an accident? The smartest step you can take after any accident is to connect with a personal injury lawyer for a FREE consultation.
In Ontario, Canada, Personal injury lawyers Brenda Hollingsworth and Richard Auger with their team of experienced lawyers offer FREE, no-pressure, advice about your rights and entitlements when you have been hurt.
For more information on whether you have a claim for car accidents, motorcycle accidents, bicycle accidents, any other road accidents, accidents at work, slips and falls, etc, go to https://www.personalinjuryottawa.ca
The interview also discusses what information you should collect at the accident scene before you leave. Get the other driver’s name, address and driver’s license. Wait for the police if they have been called.
It is also important to get medical attention as quickly as possible. It is easier to prove your injury was caused by the accident if you see a medical doctor as soon as possible after the accident.
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.
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What Should I Do If I Was Involved in a Truck Accident?
Call Auger Hollingsworth to get a free assessment of your case today. 1-888-574-4529 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.