Personal Injury Lawyers help victims who have been injured in a trucking accident. We take care to investigate the circumstances surrounding the truck accident to protect your rights. We take a detailed approach to vigorously advance your claim ensuring that the at-fault party is held responsible to compensate you for your injuries.
Trucking accidents can cause devastating and even fatal injuries. Personal Injury Lawyers help victims who have been injured in a trucking accident including commercial trucks and tractor-trailers. We also represent families who have lost loved ones in trucking accidents. We take care to investigate the circumstances surrounding the truck accident to protect your rights. We take a detailed approach to vigorously advance your claim in court ensuring that the at-fault party is held responsible to compensate you for your injuries.
We understand that personal injury victims have experienced life-altering changes. These changes are unique to each personal circumstance and can have devastating effects on families, employees and caregivers. We take a personalized approach to understand the changes in your life following a truck accident in order to ensure you are appropriately compensated. We work with a team of professional healthcare providers to coordinate your care and meet your individual needs. We understand this is a stressful time. We will fight to advance your rights, so that you can focus on your recovery.
Truck accidents can be caused by a mechanical deficiency or operator error. They often happen on highways at high speeds. The most common mechanical deficiencies include poor truck maintenance, defective parts, loose or falling debris, brakes or equipment. More prominently, we see truck drivers who have negligently operated their trucks due to fatigue, poor training, speeding, poor visibility, road rage, inexperience, distracted driving (texting), or use of alcohol and drugs.
TORONTO TRUCK ACCIDENT CAUSES AND INJURIES
There are many reasons why truck accidents occur. The most common causes are driver fatigue or tiredness, speeding, overloading of the truck, break failure, poor driving conditions, driver inexperience, failing to yield the right of way to other motorists on the road, driving under the influence of either alcohol or drugs and mechanical failure.
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
FILING A TORONTO TRUCKING ACCIDENT CLAIM
A person may be entitled to two types of claims after a commercial trucking accident. The first claim is the Accident Benefits — or “No-Fault Benefits” — claim. This is available regardless of who was liable for the accident.
Current laws, enacted September 1, 2010, limit the amount of time available to apply for Accident Benefits. These laws also limit the amount of money available to someone. This includes up to $50,000 for Medical and Rehabilitation Benefits, up to $3,000 per month for Attendant Care Benefits up to a maximum of $36,000 and up to $400 a week for Income Replacement Benefits. If a person was not employed, they may qualify for a non-earner benefit of $185 per week. If they have suffered a catastrophic injury — such as a brain injury, loss of limb or a loss of vision — they may be eligible for additional benefits. On the other hand, the insurance company may try to classify their injuries as minor, limiting their available Medical and Rehabilitation Benefits from $50,000 to $3,500 and removing their entitlement to attendant care.
Our Toronto truck accident lawyers work hard to ensure our clients meet all deadlines and other requirements. We also fight for fair compensation to address the full extent of injuries.
Another type of available compensation may include a tort claim (lawsuit) filed against the at-fault driver. This is an option only if someone was not at fault for their accident. A successful tort claim can recover damages for pain and suffering, lost income, short- and long-term medical care, and out-of-pocket expenses like housekeeping.
CONTACT A TORONTO TRUCK ACCIDENT LAWYER
A Toronto truck accident lawyer may be able to help you recover the damages you are rightfully owed. This is true even if you have already submitted the Application for Accident Benefits. They also provide legal help if you choose to pursue a tort claim in addition to Accident Benefits. A tort claim cannot be initiated without the filing of Accident Benefits; a delay in action could mean missing out on all options for compensation.
If you’ve been involved in a collision with a tractor trailer, it’s important to contact a truck accident lawyer as soon as possible. Often, the injuries associated with such a collision are serious. Transport trucks are much larger than most vehicles that people operate, and even if the accident is related to a rear-end collision, the forces involved with such a collision will often lead to significant problems down the road.