At any time throughout the day, you might cross one of the many trucks travelling on Ontario roads. Unfortunately, with traffic, difficult weather conditions in the province and many other variables, it is possible that you are involved in an accident with one of those trucks.
With their size and their weight, such an accident is by far one of the most devastating things that can happen on the roads.
Often, those accidents lead to significant damage, serious injuries, and fatalities.
If you have been the victim of a commercial truck accident, dealing with the aftermath can be overwhelming. This is particularly the case with the medical bills, your insurance, but also with the legal claims.
However, for the legal aspect of such an accident, JuriGo can come in handy. Indeed, by having the right lawyer by your side, you will be able to concentrate on your recovery while letting the lawyer take care of your claims.
Find out how a lawyer can help you when you are the victim of a commercial truck accident!
Truck Accident: Why Are they so Different?
As you know, when accidents involving trucks occur, they often lead to outcomes that are far more unfortunate than accidents solely involving cars. This is due to various reasons. However, those are the most important.
The Size of the Vehicle:
The first thing to keep in mind is that the trucks are big and heavy. This important weight difference will increase the force of the impact which could, in turn, lead to catastrophic outcomes.
The Liable Parties:
There is also another important issue when you are the victim of a commercial truck accident: you need to be able to determine who is liable. When you are in a normal car accident, this is quite straightforward. Indeed, it will likely be the other drivers involved.
Nonetheless, if the accident involves a commercial truck driver, multiple parties could be held responsible, notably:
- The truck driver,
- The trucking company
- The vehicle manufacturer, and
- The company responsible for loading the truck.
Indeed, they all played an important role in the truck journey and thus, they may be all partly responsible. Therefore, as the victim, it will be possible to seek compensation with all of them. However, it will be almost impossible to hold one of them as entirely responsible for the accident.
The Insurance Coverage:
Lastly, the danger surrounding trucking is well known. Therefore, those companies will normally carry larger insurance policies that can reach an amount in the millions of dollars. Although this means that you have access to more potential compensation, it also means that you will have to deal with aggressive insurance companies.
With JuriGo, you will be able to find the right lawyer for seeking compensation. All you need to do is to fill out the form!
Victim of Truck Accident: What Should I Do?
Being the victim of an accident involving a truck can be a traumatic experience. However, it is important to know what steps you should take. By having a clear plan, you will be able to not forget anything if this situation happens.
1) Verify if Medical Attention Is Required
Whenever you are involved in a car accident, the first thing you should always do is to make sure that everybody receives the medical attention they require. Your health and safety are always the top priority.
Even if you think that you are fine after the attention, it is still highly recommended to seek medical attention. You may suffer injuries that you cannot see. Those could lead to more serious complications.
2) Call the Emergency Services
The second thing to do is to call the emergency services, particularly the police. They will be able to create a report that will be a very important document in the future. Normally, it will include:
- The statement of the drivers,
- The citations, and
- The witness information.
Ultimately, if you decide to file a claim, this report can be a game changer. Not only will it be a great starting point, but it will also contain very important evidence of what happened on that date. You will not have to remember all the events.
3) Document the Accident
Even if you have the police report, it is highly recommended to document the scene by yourself. Hence, if you are the victim of an accident, you should, if you are safe, take as many pictures as you can.
For instance, you could take pictures of your car and of the truck. You could also take pictures of the road (if the condition could be important) and of your injuries. The more evidence you have, the better it is.
The trucking company (or its insurer) may try to quickly communicate with you. Most of the time, if the trucking company is responsible, it is likely that they try to settle early with you.
However, if you accept an early offer from the insurer, this is unlikely to be in your best interest. Therefore, before signing any document, it is recommended to communicate with your lawyer to understand if this is a good deal for you.
You should also take the opportunity to reach out to a personal injury lawyer. The sooner you find legal representation, the likelier you are to receive fair compensation for your injuries.
Additionally, with legal representation, you will create a shield between you and the insurance company. Hence, you will be able to entirely focus on your recovery without having to directly negotiate with the other party.
What Will Compensation Cover After a Truck Accident?
Depending on your accident with a commercial truck, the compensation you will be able to recover can greatly vary. Therefore, it is difficult to give an accurate overview of what you could actually receive.
Despite this, certain types of compensation are particularly common when you are a victim of this type of accident. You will probably be eligible for at least one of these damages
Firstly, you have the medical expenses. Indeed, whether it is the emergency car, the long-term ongoing treatment and the surgeries rehabilitation, you might need to pay some medical bills. If the truck driver was responsible for the accident, he could be responsible for the payment of those.
Secondly, you will also have property damages. If your car is completely destroyed or requires reparation, you will be able to seek compensation. This is also the case for any belonging within the vehicle at the moment of the accident.
Thirdly, depending on the accident, it is possible that you are not able to immediately go back to work. If you lose income or other potential earnings, you might be able to receive compensation. However, it is important to emphasize the requirement of a causal link between the fault of the truck driver and your injuries.
Lastly, it will also be possible to receive compensation for pain and suffering. As truck accident victims often endure emotional distress and physical pain, you could be awarded compensation depending on the severity of your accident.
To get a better picture of your situation, find a lawyer today for free with the help of JuriGo!
What Are the Commercial Truck Driver’s Responsibilities?
Due to their higher risks, commercial trucks are more scrutinized than regular cars when on the road. This has also to do with the fact that some of them are paid for the distance they cover on a daily basis.
In Ontario, the government requires commercial trucks to be outfitted with a computerized sensor which will monitor their hours of service. The electronic logging device will connect to the truck’s engine and automatically record driving activities of the vehicle.
The dispatchers and drivers will then be able to see available hours in real time, but also violation risks. However, they do not simply record the time spent behind the wheel. It can also verify:
- The speed of the commercial truck,
- If the seatbelt is fastened,
- The activation of the cruise control, and
- The application of the brakes or the clutch.
Whenever a commercial truck is on the roads in Ontario, it must have such an electronic device. If not, they could face financial penalties that can reach up to 20,000$ and points on their career record.
Another important thing to know is that these commercial truck drivers have strict restrictions when it comes to the number of hours they are allowed to drive in a day. Generally, their obligations can be understood with three rules:
- They must be off-duty at least 10 hours per day,
- They can’t drive more than 13 hours in the same day, and
- They can’t drive on a day where they work for more than 14 hours.
Additional obligations concern the drivers’ cycle of work (whether it is a 7-day cycle or a 14-day one). For the 7-day cycle, they are not allowed to work more than 70 hours. For the two-week cycle, they are limited to 120 hours.
Get the best compensation possible with the help of a lawyer partnered with JuriGo!
Therefore, in Ontario, commercial truck drivers have multiple obligations when they find themselves on the roads. In case of an accident, the first thing to do is to verify if they respected their duties.
However, if you were the victim of such an accident, it can be difficult for you to follow the steps. This is particularly the case if you suffered injuries. In that case, your priority should be your well-being.
Nonetheless, you still need someone to help you with the legal proceedings. The best ally is the lawyer specialized in personal injuries. With his extensive knowledge, he will be able to protect your interest against the truck driver’s insurance.
With his analytics skills, he will be able to look at your scenario and find the best compensation outcome possible. Therefore, you will be able to concentrate on your recovery while the lawyer takes care of the legal side.
With the help of JuriGo, it is now possible to find the right lawyer for you quickly. All you need to do is to fill out the form and we will take care of the rest for you!