Who is liable in a truck accident?
Truck accidents require a thorough investigation to determine what happened and who is at fault. The parties that can be held accountable for the crash include:
- The truck driver
- The carries
- Other vendors
- Truck manufacturer
- The Cargo shipper and loader
- Government agencies and contractors.
Is it worth getting a truck accident lawyer?
It is worth consulting with a truck accident letter to assess whether or not you have a valid legal claim to advance to your own Insurer for Accident Benefits or to the at-fault driver/insurance in tort. There is no fee for the consultation, so you do not have to pay anything out of pocket. The advice is free, and based on our initial meeting, the team at CRB Law would be able to inform you as to the benefits to proceed forward on your claim arising from your injuries arising from the collision.
When should I hire a truck accident lawyer?
It is never too early to consult a lawyer after you have been involved in a truck accident. There are required time limits, so time is always a factor.
When we meet with you, we will look at your claim and decide whether it is a good time or not to proceed ahead. There is no fee that is charged for our initial consultation, and we will make sure we have all the facts first before we move ahead and take any steps on your behalf.
How much should I settle for getting hit by a truck?
Just as every injured person is unique with a unique set of facts, every settlement for your injuries in a truck accident is different and unique. There is no general “$X” settlement for this type of injury.
You need the expertise of a lawyer to be able to identify all of the areas of possible compensation for your case and what is a reasonable assessment for your Claim.
How long does it take to settle a truck accident claim in Ontario?
Some claims can be settled within weeks, while others will take years. Your claim does not necessarily have to ‘sue the other driver’ or ‘go to court’ but is instead resolved with the insurance company and can be beneficial to both parties.
If you file a claim that goes to court, you will likely have to go through a mandatory mediation that can last six months. If you do not reach a settlement and resolve your case during mediation, your case moves to court for pre-trial. If your case is still not settled at the pre-trial, you will be given a trial date. It is still possible to resolve your case before the trial date.
What is the No-Fault System for a Truck Accident in Ontario?
The No-Fault system in Ontario allows you to file a claim with your insurer when you are injured in a truck accident regardless of whether or not you are at fault. Your insurer will contact you and provide you with the paperwork you need to complete, including:
- Confirmation of income from your employer
- A disability certificate
- An application form
Can I sue the other driver if I am injured in a motor vehicle accident?
A Claim may be advanced in cases where the accident is the fault of someone other than the injured person. An injured person may be able to sue the responsible party for financial losses for not being able to work along with non-pecuniary losses for the loss of enjoyment of life and pain and suffering.
What happens if I get hit by a truck? Can I sue the truck driver as a pedestrian?
If you are an uninsured pedestrian, you can claim with the truck’s insurer. The benefits available to you would include a medical rehabilitation benefit, non-earner benefit, and income replacement benefit. Note that the medical rehabilitation benefit applies to therapy and anything else you need to recover from the accident.
Do Passengers Have a Claim in an MVA?
Passengers are entitled to a claim if injured in an accident. A Passenger is able to claim against the at-fault driver or a claim if their own driver is to be determined to be at fault. The driver’s insurance company will then respond in order to deal with the Claim.
A Passenger can make a claim for Accident Benefits with an Application which results in the possibility of an Income Replacement Benefit or Non-Earner Benefit to be paid if eligible. The Passenger is also able to obtain therapy benefits as may be reasonable and necessary in order to assist with recovery.
Truck Accidents Basics
Annually, thousands of people get injured from truck accidents in Amherstburg and throughout Ontario. One’s life can be disrupted for several years after a truck accident.
Crucial Mistakes to Avoid
- Failing to Report the Accident
- Failing to Collect Evidence
- Not Seeking Medical Treatment
- Admitting Fault
Common Truck Accident Injuries
Injuries commonly associated with such accidents include:
- neck injury (whiplash)
- broken bones
- soft tissue injuries
- back and spinal cord injuries
- head injuries
- anxiety and depression
Common Truck Accidents
- Collisions with other cars
- Collisions with pedestrians
- Improperly maintained roads
Truck Accident Claim Time Limit in Amherstburg, Ontario
In Ontario, there is a time limit to giving the at-fault driver or your insurer a notice. This is set in the regulations guiding the commencement of actions.
Generally, the limitation period for starting a claim against the at-fault driver or your insurer in Ontario is two years from the time of the accident. Although, you may still file the claim after the two years has elapsed as long as you can prove that you were unaware your injury would last that long. For instance, you may visit your healthcare provider and find out your injury will be permanent. Therefore, it can still be possible to file your claim and start a court action even after two years.
It would help to talk to a lawyer and determine whether your claim is valid to start when you find out that the accident has significantly impaired you or a family member.
Possible Options for Compensation
If you sustain injuries from a truck accident in Amherstburg Ontario, there are multiple potential compensation sources.
Statutory Accidents Benefits
Often, truck accidents can result in severe injuries. Statutory accident benefits in a truck accident work similarly to those of a car accident. If you sustain injuries from a truck accident, you can apply to your auto insurer.
You can also claim with the truck’s insurer if you are an uninsured pedestrian. The benefits that you may receive include non-earner, income replacement, and medical rehabilitation benefits.
You can advance a tort claim to the at-fault driver, allowing you to be fairly compensated for the injuries from the accident.
A tort claim can offer compensation.
- Home maintenance expenses
- Medical and rehabilitation expenses
- Economic compromise
- Income loss
- Loss of enjoyment of life
- Pain and suffering
Family Law Act Claim
You have a legal claim under family law if your loved one is injured or dies from a truck accident. The laws in Ontario allow grandparents, a grandchild, sibling, child, parent, or spouse to claim your loss of companionship, guidance, and care for the death or injury of a family member.