Wrongful death truck accidents in Toronto refer specifically to negligent commercial use trucks, and truck drivers. As a commercial truck driver, these drivers have a responsibility to observe the rules of the road, especially because there can be terrible consequences if they do not. If a loved one has been the victim of a wrongful death truck accident, get in touch with a wrongful death lawyer who can build your case.
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Situations Leading to Truck Accidents
When a lawyer refers to a truck, they are talking more about transport trucks as opposed to Ford F-150s or pickup trucks. Transport trucks or snowplow trucks are very large vehicles that are going to be able to push other cars off the road.
If it just a straight rear-ender on a city street, it is unlikely to be fatality but if a person collides with a truck on highway at a higher speed, just the physics of the collision is likely to lead to the cars spinning out, rolling over, or going into ditches and depending on the dynamic of the accident, it can lead to the death out of the collision. Usually, the difference in the size of the vehicle can lead to a different scale of property damage and that property damage can sometimes be linked to the severity of the injury sustained.
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Parties Involved in Wrongful Death Accidents
In wrongful death truck accidents in Toronto, an individual usually sues the owner and the operator of the vehicle and the truck driver will be in it every time to be sure. And then a person will likely sue whoever owns the truck, and oftentimes truck drivers are independent contractors that both own the vehicle and then they get different clients that they make the run for.
An individual may also sue the trucking company who employed them, there is a series of regulations about how long truck drivers are able to be on the road and how often they need to take breaks, and a person would have to look into whether the trucking company put pressure on the driver to overextend themselves for time on the road and that led to a late reaction time, made them drowsy, or if there are some other facts where fatigue plays a role and the company was influencing that fatigue in some way.
An individual would want to bring the company into a lawsuit so that they can understand what policies and what pressures they put on the drivers if any. Now, a person could also bring other vehicles involves in the accident, it really depends on the dynamics of the action that a person is dealing with—if a smaller car started the chain of events but the truck driver is partially at fault, then a person may bring everyone involved in the collision in some capacity depending on what facts you have before you.
Impact of Commercial Nature of Trucks on Case
The type of information that might be available about the policies and procedures of the trucking company and the operator of the vehicle is important, there are employment contracts, independent contractor relations, and government regulations around what should or should not be done for truck drivers.
If a person has just two random citizens in a rear-end collision on the road, a person is just basically looking at the police notes or any witness statements. When they are dealing with a trucking company, there is an employment file and few years of records that are very specific as to how they do business and an experienced attorney will know what to request and know what to look for when they are reading those records to see if there was a connection between the business practices and the circumstances of the accident.
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Role of Insurance Companies
When a person has multiple insurance companies, assuming that there are different insurance companies involved for the trucking company and the trucker operating the vehicle, there could be two different insurance companies responding and their potential negligence is different. The truck driver can be negligent at the scene of the accident and then the insurance company is responding to that.
The trucking company could be responsible for the policies and procedures that have the driver on the road and if it contributes to fatigue that then lead to the negligent act, a person has to look at their policies and procedures and they could be exposed of that portion of the negligence leading to the accident. In wrongful death truck accidents in Toronto, when you have another insurance company, they tend to want to point to each other and to say, the other person is at fault and that they do not have to pay, to spend a bit of time to highlight the respective acts of negligence so they can both find a way to finance the right compensation.
There really is not a cap on damages for a particular form of accident. When people say cap, what they are usually really talking about is the amount of insurance money available in wrongful death truck accidents in Toronto. In Ontario, the minimum amount of insurance the driver on the road has to carry is $200,000.00. But oftentimes, people carry at least a million dollars of liability insurance and can get more if they desire.
Trucking companies and truck drivers, understanding that their accident has the capacity be a lot more severe, given the force that is involved with their truck and a regular car, they tend to carry 5 million or more in liability insurance. However, just because someone has 5 million in liability insurance, does not mean that is what the damages will be. An individual, in conjunction with their attorney, needs to prove that the case is worth. Contact a wrongful death lawyer who can evaluate what your case is worth, and can help you prove liability.