Our Toronto Truck Accident Lawyers Can Help
Call the attorneys who offer personal attention and get big results
Trucks can be seen on the streets and highways of the Greater Toronto Area every single day. Most of the time, we barely notice them as they carry cargo and make deliveries. When there’s an accident involving a truck, people can be left seriously injured. The experienced truck accident attorneys at Smitiuch Injury Law fight for injury victims in Etobicoke and throughout the GTA.
“I highly recommend Smitiuch Injury Law… I am very happy that I went to them after my accident.” — Jane F., ⭐⭐⭐⭐⭐
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FAQs about Toronto Truck Accident Claims
- What happens after a truck accident?
- How can a lawyer help me after an accident?
- What is the role of the truck’s “black box” in my case?
- What if the trucking company destroyed or “lost” key evidence?
- How much is my case worth?
- Who can I sue after my truck accident?
- What if the trucking company is based outside Ontario or Canada?
- How much time do I have to make a claim after my crash?
- What kind of damages can I recover after a truck accident?
- How long will it take to resolve my truck accident claim?
- Will my case go to trial?
- What are my rights if a family member died in a truck accident?
What happens after a truck accident?
Injuries in a truck accident are often very serious. One reason is that trucks are larger and much heavier than passenger cars. Fully loaded, a tractor-trailer can weigh 53,500 kg. If the accident occurred on a highway, speed increases the force of impact. The results can be devastating for car drivers and passengers.
Truck accidents can involve:
- Tractor-trailers
- Garbage trucks
- Dump trucks
- Box trucks
- Delivery vehicles
- Tanker trucks
If negligence led to the accident that left you injured, you deserve financial compensation. Recovering compensation can be difficult. There can be multiple parties involved – for example, the truck driver, the trucking company, the company that owns the trailer, the company that loaded the trailer, and the manufacturer of any defective parts. The negligent parties often deny doing anything wrong.
How can a lawyer help me after an accident?
Insurance companies are also reluctant to pay you the compensation you deserve after a serious truck accident in Toronto, Etobicoke, or another nearby community. That’s because they know there is a lot of money at stake. They may question the extent of the injuries you suffered or argue that they were pre-existing. An insurance company may even put some of the blame on you to try to limit the compensation you can receive.
Our lawyers know how victims and their families can be affected by a truck accident. It can take months or even longer to recover from injuries. Some victims never fully recover and are left with a permanent disability. Medical expenses can add up quickly and many families have no way of paying the bills.
We know how to investigate your truck accident and hold negligent parties accountable. Our attorneys take action to obtain evidence controlled by the trucking company. This includes data from the truck’s event data recorder, as well as maintenance records and repair records. We check to make sure the company followed all laws.
Our legal team also investigates for any evidence that the truck driver was negligent. For example, the driver may have been speeding or texting while operating the truck. In some cases, drivers fell asleep at the wheel or drove while under the influence of alcohol or drugs (legal or illegal).
What is the role of the truck’s “black box” in my case?
In most modern commercial trucks, there’s a device called an event data recorder, which is often referred to as the truck’s “black box.” Just like in airplanes, this device quietly collects and stores important data before, during, and after a crash. That information can be incredibly valuable in a truck accident case.
The black box may record the truck’s speed, braking activity, throttle position, engine RPM, steering inputs, and whether the driver was wearing a seatbelt. Some devices even track how long the driver had been on the road, which is a key factor in cases involving driver fatigue.
This data can be the difference between proving fault and having to rely solely on witness accounts or physical damage. If the truck was speeding, if the brakes weren’t applied in time, or if the driver had been behind the wheel longer than regulations allow, the black box will show it. That’s why obtaining this data quickly is important for building a solid case by backing up claims of negligence with hard, objective facts.
What if the trucking company destroyed or “lost” key evidence?
When a trucking company “loses” or destroys evidence after a crash (such as the truck’s black box data, driver logs, or maintenance records), it raises serious legal concerns. This is known as spoliation of evidence, and courts don’t take it lightly.
Trucking companies have a legal duty to preserve evidence when they know a crash may lead to a claim or lawsuit. If they fail to do so, and it appears intentional or negligent, your lawyer can request court sanctions against them. These might include monetary fines or, more importantly, instructions to the jury that they can assume the lost evidence would’ve been unfavourable to the trucking company.
Our Ontario truck accident lawyers act fast to prevent spoliation by sending what's called a preservation letter. This is a formal notice requiring the company to keep all potential evidence intact. If they ignore it, the legal consequences can work in your favour.
However, losing evidence doesn’t automatically ruin your case. In fact, it can strengthen it, because it raises the question, why was that evidence destroyed in the first place?
How much is my case worth?
The amount of money you may be eligible to receive for a truck accident involving you or a loved one often depends on many different factors. In general, the more severe the accident, the more your accident claim or settlement could be worth.
In order to determine the full amount of your claim, your lawyer will likely need to take into account several factors:
- The total estimated cost of all your current and future anticipated medical bills related to your accident.
- The severity of the damage to your vehicle. Can it be repaired? Is it a total loss?
- How much time you missed from work while recovering from your truck accident injury.
- Whether you sustained a permanent disability in your accident that prevents you from returning to work.
- Whether the truck driver violated federal or provincial laws which contributed to your accident.
- Whether a loved one died in the accident, in which case your family may be entitled to file a wrongful death lawsuit.
All these expenses and other legal matters often need to be considered when determining the full financial impact of your accident. That’s why it’s important to talk to a lawyer familiar with complex cases as soon as possible.
Who can I sue after my truck accident?
Unlike other types of collisions, commercial truck accidents often involve many different companies and their insurance providers. If any of them were responsible in some way for your crash, you may be able to take legal action against them in the form of a lawsuit. Such companies and individuals include:
- The truck driver, particularly if the driver was speeding, under the influence of alcohol or violating other federal or provincial laws
- The trucking company the driver works for, especially if the company knowingly hired a driver with a history of reckless driving
- The company responsible for maintaining the truck
- The owner of the truck’s cab if it’s a different company
- The owner of the trailer attached to a semi-truck or tractor-trailer
- The business that loaded the truck, especially if the truck was improperly loaded
- The company that manufactured the contents inside the truck, particularly if the contents were not packaged correctly and caused the truck to rollover
- The truck manufacturer, especially if there was a mechanical defect that resulted in the accident
Depending on the circumstances of your crash, you may be able to take legal action against all these companies, as well as their insurance providers, especially if an insurance company makes a low settlement offer or denies your accident claim. You have rights in Ontario and you should fully explore them.
What if the trucking company is based outside Ontario or Canada?
If the trucking company involved in your crash is based outside Ontario (or even outside Canada), you can still pursue a claim, but things get a bit more complicated. Cross-border cases involve additional legal considerations, especially when it comes to jurisdiction (where the lawsuit can be filed) and serving legal documents to an out-of-province or international defendant.
Generally, if the crash happened in Ontario and you were injured here, Ontario courts may still have jurisdiction, even if the company is based elsewhere. That means you can likely file your lawsuit in Ontario. Smitiuch Injury Law can properly serve the company with a legal notice in its home jurisdiction, whether that’s in another Canadian province or in the U.S.
Coordinating with foreign or out-of-province insurance companies can also be more complicated, especially if different laws apply to the company’s operations or driver qualifications. However, our Ontario truck accident lawyers can handle these details and make sure the right legal procedures are followed, deadlines are met, and any international red tape doesn’t slow down your case.
How much time do I have to make a claim after my crash?
The deadline for taking legal action in Ontario after a commercial truck accident is two years from the date of your accident. This deadline is known as the statute of limitations. If you wait longer than two years to file a lawsuit or an accident claim, you may forfeit your right to compensation under Ontario law.
That’s not the only reason why you should take legal action right away after your truck accident. The longer you wait, the harder it often becomes to find the evidence you need in support of your claim. Witnesses who saw the accident might move away or forget what happened. The accident scene itself might be cleaned up or altered over time.
In addition, commercial trucking companies are only required to keep certain evidence for a limited amount of time. This includes black box data often found in electronic logging devices in commercial trucks, which record the speed the truck was traveling at the time of the crash, when the truck driver last took a break, if the brakes were applied before the crash, and other important details. The same often applies to dashcam footage, red light camera footage, and other video evidence. If you wait, evidence might be destroyed.
Don’t wait and put the fate of your potential legal case in jeopardy. Talk to a lawyer who can investigate your crash right away. Because the more evidence you have in support of your claim, the stronger your legal case will likely be.
What kind of damages can I recover after a truck accident?
Our lawyers build a strong case that proves negligence led to the truck accident that left you injured. We also determine the total damages you have suffered. This includes all medical expenses related to your injuries – both now and in the future. It includes lost income if you couldn’t go back to work. Other damages may include pain and suffering.
Many times, we can work out a settlement with the insurance companies. Our firm is familiar to insurance companies. There is one thing that they know about us – we are not afraid to go to court. That’s one reason we are often able to negotiate a settlement that meets your needs.
How long will it take to resolve my truck accident claim?
The timeline for resolving a truck accident claim can vary widely depending on the specifics of your case. Some claims are wrapped up in a matter of months, especially when liability (who was at fault) is clear and injuries are relatively minor. But when serious injuries are involved or there’s a dispute over who was at fault, things tend to take longer.
Our legal team needs time to investigate the crash, gather evidence, and review medical records. That alone can take several weeks or even months, especially if the trucking company is slow to turn over driver logs or maintenance records. From there, our lawyers often enter into settlement negotiations with the insurance company. If they offer a fair settlement early on, your case may resolve without going to court. But if they push back or deny liability, we’re ready to file a lawsuit. This can add months (or even years) to the process.
Additionally, the court’s schedule, the length of your recovery, and whether experts need to be brought in can also affect the timeline. The good news is that a skilled Ontario truck accident lawyer at our firm will work efficiently while still making sure your case is handled thoroughly and strategically.
Will my case go to trial?
Most truck accident claims settle before ever seeing the inside of a courtroom. In fact, the vast majority are resolved through negotiated settlements. Whether your case goes to trial depends on a few key factors.
If the trucking company or its insurance provider accepts responsibility and makes a fair offer, there’s often little reason to take the case to court. Settlements are usually quicker, less expensive, and less stressful than trials. But if there’s a dispute over who caused the crash, or if the insurance company refuses to offer compensation that truly reflects the severity of your injuries and financial losses, we might recommend going to trial.
Some cases are more likely to go to trial simply because of the circumstances. For example, if a fatality occurred, if multiple parties are involved, or if there’s a lot of money at stake, a trial may be necessary to sort everything out. But even in those situations, many claims settle after a lawsuit is filed but before the trial begins. Smitiuch Injury Law can prepare for trial from day one, even while exploring all opportunities for settlement. That way, you’re ready no matter what direction your case takes.
What are my rights if a family member died in a truck accident?
If you’ve lost a loved one in a truck accident, Ontario law allows certain family members to file a wrongful death claim. This legal action holds the responsible party accountable and helps ease the financial burden that comes with such a devastating loss.
In Ontario, the Family Law Act gives immediate family members (such as spouses, children, parents, grandparents, and siblings) the right to pursue compensation. This may include compensation for funeral and burial expenses, loss of financial support, loss of household services, and the emotional toll of losing a loved one’s care, guidance, and companionship.
These claims are typically filed against the at-fault driver, the trucking company, or any other party whose negligence contributed to the crash. The process can be emotionally difficult, but our Toronto truck accident lawyers can handle the legal side so you can focus on healing.
Wrongful death claims also come with strict deadlines, so it’s important to speak with a lawyer as soon as possible to protect your family’s rights and begin building a strong case.
Get an experienced truck accident lawyer on your side
If you’ve been injured in a truck accident in Etobicoke or anywhere in the Greater Toronto Area, find out how the lawyers at Smitiuch Injury Law can help. We combine decades of experience handling truck accident cases with a client-first approach rooted in care, honesty, and clear communication. We know every case is personal, and we treat it that way. When you work with us, you get a legal team that fights hard for the full compensation you deserve while keeping you informed and supported every step of the way.
We offer experienced legal representation, compassionate support and personal attention to all our clients. If you’ve been hurt in a truck accident in Etobicoke or anywhere in the GTA, learn more about how we can help. Contact us to schedule a free case evaluation. If we do represent you in your case, you owe us nothing until we win. We have offices in Toronto, Brantford and Simcoe.
