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 victims.
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:
- 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. 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).
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.
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.
We offer experienced legal representation, compassionate support, and personal attention to all our clients. If you’ve been hurt in a truck accident 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.