Truck accident victims face many obstacles, not the least of which are Ontario’s strict insurance laws and deadlines. A person only has 7 days in which to alert their insurance company of the incident. Additionally, they must apply for Accident Benefits within 30 days of receiving the application.
A person also has only 120 days to notify the at-fault driver of their intention to sue and only two years to file a lawsuit against the at-fault driver for their pain and suffering, lost wages and other expenses.
Our experienced Toronto personal injury lawyers fight to ensure our injured clients meet every deadline and requirement under the law. We’re also not afraid to take a stand against powerful trucking companies. We can answer your questions about your right to sue a negligent driver, what to do with the insurance forms and the kinds of compensation to which you are entitled.
Toronto Truck Accident Causes and Injuries
There are many reasons why truck accidents occur. The most common causes are driver fatigue or tiredness, speeding, overloading of the truck, break failure, poor driving conditions, driver inexperience, failing to yield the right of way to other motorists on the road, driving under the influence of either alcohol or drugs and mechanical failure. Nighttime driving is also an issue, as well as defective parts, poor driver training and of course, speeding.
Common injuries in any motor vehicle accident can vary from those that are minor to those that are catastrophic in nature. Depending on the mechanics of the collision, people can sustain whiplash injuries but they can also have more horrific injuries like traumatic brain injury, paraplegia, tetraplegia or even quadriplegia.
The most unfortunate injuries associated with transport truck collisions involve wrongful death claims where the driver of another car, motorcycle or even pedestrian are fatally injured as a result of the accident.
Filing a Toronto Trucking Accident Claim
A person may be entitled to two types of claims after a commercial trucking accident. The first claim is the Accident Benefits — or “No-Fault Benefits” — claim. This is available regardless of who was liable for the accident.
Current laws, enacted September 1, 2010, limit the amount of time available to apply for Accident Benefits. These laws also limit the amount of money available to someone. This includes up to $50,000 for Medical and Rehabilitation Benefits, up to $3,000 per month for Attendant Care Benefits up to a maximum of $36,000 and up to $400 a week for Income Replacement Benefits. If a person was not employed, they may qualify for a non-earner benefit of $185 per week. If they have suffered a catastrophic injury — such as a brain injury, loss of limb or a loss of vision — they may be eligible for additional benefits. On the other hand, the insurance company may try to classify their injuries as minor, limiting their available Medical and Rehabilitation Benefits from $50,000 to $3,500 and removing their entitlement to attendant care.
Our Toronto truck accident lawyers work hard to ensure our clients meet all deadlines and other requirements. We also fight for fair compensation to address the full extent of injuries.
Another type of available compensation may include a tort claim (lawsuit) filed against the at-fault driver. This is an option only if someone was not at fault for their accident. A successful tort claim can recover damages for pain and suffering, lost income, short- and long-term medical care, and out-of-pocket expenses like housekeeping.
Contact a Toronto Truck Accident Lawyer
A good personal injury lawyer can help you at any stage of your claim. This is true even if you have already submitted the Application for Accident Benefits. They also provide legal help if you choose to pursue a tort claim in addition to Accident Benefits. A tort claim cannot be initiated without the filing of Accident Benefits; a delay in action could mean missing out on all options for compensation.
If you’ve been involved in a collision with a tractor trailer, it’s important to contact a truck accident lawyer as soon as possible. Often, the injuries associated with such a collision are serious. Transport trucks are much larger than most vehicles that people operate, and even if the accident is related to a rear-end collision, the forces involved with such a collision will often lead to significant problems down the road.
Preszler Law Firm can help you access appropriate treatment among other benefits. We’ll also help prosecute a tort claim against an at-fault driver, including claims for pain and suffering and past and future loss of income. Contact us today for a free consultation.