Oshawa Truck Accident Lawyer
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As trucks continue to crowd Oshawa’s highways and roadways, the chances of accidents to other motor vehicles becomes increasingly higher. But while there are a number of heavy trucks on the road, tractor-trailers make up more than half, and they are the type to do the most amount of damage when they are in an accident.
Because of this, the consequences of any accident can be devastating, and those injured should contact an Oshawa truck accident lawyer right away. An experienced accident lawyer can help those injured seek damages in the form of compensation.
Laws For Trucks In Oshawa
Realizing that trucks make up nearly one-quarter of all accidents on Ontario’s roads, the provincial government has introduced laws to make trucks safer for all and reduce the number of accidents. These laws include:
- Speed limiters to prevent trucks from traveling over 105 kilometers per hour. Quebec and Ontario are the only two provinces to have such laws
- Working hours. Truck drivers are only permitted to drive for 13 hours per day, and must have an 8-hour rest period before getting behind the wheel again
While these laws have helped reduce the number of truck accidents in Oshawa, they are unfortunately not fail-proof. Drivers are responsible for setting their own speed limiters, a responsibility some drivers neglect. With strict deadlines, not all truck drivers adhere to the regulations for driving and break times either.
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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their truck accident claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.
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Causes Of Tractor Trailer Accidents
When drivers do not adhere to the rules of the road, accidents can ensue. While most truck drivers do drive appropriately, the consequences can be deadly when they do not. The three most common causes of accidents that Oshawa truck accident lawyers see are:
- Driver fatigue. Truck drivers spend a lot of time on the roads, and with tight timelines, they often try to take as few breaks as possible. This can lead to driver fatigue, especially when the driver does not adhere to Ontario’s laws regarding proper breaks for truck drivers
- Following too closely. When a truck follows another vehicle too closely, the driver does not have as much response time to stop, and road conditions such as potholes or ice may make it more difficult for the driver to stop and avoid crashing into another vehicle
- Excessive speed. Just as it is difficult for a truck to stop when they are following too closely, it can also be difficult for them to stop when traveling at high speeds. Because of the sheer size and weight of trucks, it takes them longer to get going and to stop than it does for other passenger vehicles. When truck drivers are traveling at excessive speeds, the risk of accidents greatly increases
Truck accidents are not always the fault of the driver, but when the cause of the accident is one of the above, negligence is definitely a factor. In cases where a truck driver’s negligence was the cause of an accident, victims can contact a truck accident lawyer in Oshawa to seek compensation.
Contacting An Oshawa Truck Accident Lawyer
Trucking companies, through their insurance companies and independently, have teams of lawyers to defend them, even when a truck driver has been negligent and has caused serious injury or death. Because of this, victims also need a lawyer to represent them from the very beginning.
If you or a loved one have been in a truck accident, contact a lawyer as soon as possible after the accident. The insurance companies and legal teams for the truck driver will want to settle as soon as possible, for the lowest amount possible. An Oshawa truck accident lawyer may be able to help you get the most compensation available.
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Case Results
truck accident Settlements
Please note that past results are not indicative of future results as each scenario presents itself with its unique set of circumstances. But here are some truck accident related wins we’ve had for our clients.
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Here’s more information on truck accident related topics that we think you might find helpful.
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truck accident FAQs
Here are some commonly asked questions for truck accident claims
Do I need a lawyer if the truck driver’s insurance company contacts me?
Insurance companies often call quickly after a crash, sometimes before you’ve even spoken to a doctor. Their goal is to protect their bottom line. Having a lawyer ensures you don’t accept less than what your claim may be worth.
What if the truck accident was partially my fault?
Ontario uses a system called contributory negligence. If you share some responsibility, your compensation may decrease, but you can still recover damages based on the other party’s share of fault.
How much does it cost to hire a truck accident lawyer?
Our Ottawa truck accident lawyers work on a contingency fee basis. That means you don’t pay upfront legal fees. Instead, we collect fees as a percentage of any settlement or court award we obtain for you.
What if the trucking company is based outside Ontario?
Many companies operate across provinces or internationally. You can still bring a claim in Ontario if the accident occurred here, even if the trucking company is headquartered elsewhere.
Can I still pursue a claim if the truck driver was an independent contractor?
Yes. Independent contractors still owe a duty of care, and the companies they work for may share liability depending on the circumstances.
What is the first thing I should do if I am in an accident with a commercial truck?
Your first priority is safety. If you can, move to a safe location away from traffic. Call 911 immediately to report the collision and request medical assistance, even if you feel fine, as some serious injuries are not immediately apparent.
If possible, take photos and videos of the accident scene, including vehicle damage, road conditions, and any relevant signs. Get the truck driver’s name, contact details, employer information, and the vehicle’s CVOR (Commercial Vehicle Operator’s Registration) number, which is usually displayed on the side of the truck.
Avoid discussing fault with anyone at the scene and call our Ottawa truck accident lawyers as soon as you receive medical care.
What are Ontario’s Commercial Vehicle Operators’ Registration (CVOR) regulations?
The Commercial Vehicle Operator’s Registration (CVOR) system is run by Ontario’s Ministry of Transportation. It tracks the on-road safety performance of commercial vehicle operators. Trucking companies are rated based on collisions, inspections, and convictions.
A trucking company with a poor CVOR record may have a documented history of safety violations, which can become important evidence in proving negligence in an accident claim.
Will I have to go to court for my truck accident claim?
Most personal injury claims, including those from truck accidents, resolve through a negotiated settlement without ever going to trial.
A settlement is an agreement between you, the at-fault parties, and their insurance companies.
However, if the insurance company refuses to offer fair compensation for your injuries and losses, filing a lawsuit and proceeding to court becomes a necessary step to protect your rights.
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