Truck Accident Lawyer Toronto
Truck drivers serve a crucial function in our society by delivering goods, materials, supplies, and other cargo to communities across the nation. The people who operate large commercial vehicles help keep Toronto connected to the rest of the province and the country at large. Truck drivers provide essential services to our city’s residents and help keep the nationwide economy moving.
But although driving a truck is an essential job, it is by no means an easy one. Truck drivers face rigorous demands to fulfill the duties of their job. Often on the road for prolonged stretches of time, navigating hazardous driving conditions, racing to meet tight delivery schedules, coping with physical discomfort and social isolation, truck drivers face numerous challenges each and every day.
The challenges and demands of their jobs can make it difficult for truck drivers to operate their large commercial vehicles in a reasonably cautious manner. Unfortunately, if truck drivers neglect to operate their vehicles safely, the outcomes can be severe.
The Anatomy of a Truck Accident
According to an annual road safety report released by the Ontario Provincial Police, transport truck-related crashes have reached a 10-year high. Although truck accidents account for only 12% of the province’s collisions, accidents involving large commercial trucks and smaller passenger vehicles can be disproportionately deadly.
Dozens of people are killed in Ontario truck accidents each year. Owing to the outsize volume and weight of commercial trucks, if a collision involving a smaller vehicle occurs, the driver of the truck may be able to walk away from the wreckage with only minor injuries, whereas the occupants of the smaller vehicle could lose their lives in tragic – oftentimes preventable – accidents.
Common Causes
Certain environmental factors could contribute to the conditions that lead to a collision between a large commercial vehicle and a smaller passenger vehicle. Inclement weather, low visibility, poorly maintained roads, encounters with wildlife on rural stretches of highway, and other hazards could cause a truck accident that leads to personal injuries.
However, far and away the most common cause of trucking accidents is driver negligence. In the context of truck accident claims, driver negligence can take various forms.
Driver Fatigue
In order to safely operate any motor vehicle, the driver must be attentive, alert, and well-rested. Driving while fatigued can lead to errors in judgment and perception, reduce reaction times, and put innocent lives at risk.
Unfortunately, in order to meet the grueling demands of their jobs and reach their destinations on time, truck drivers often feel the need to forego sleep. Instead, they may continue driving their large commercial vehicles past the point of exhaustion.
To combat the effects of fatigue and sleep deprivation, truck drivers may feel the need to rely on stimulants, amphetamines, or other illicit substances. Doing so may help them stay awake for long stretches of time, but the use of illegal drugs could also alter a driver’s perception of risk and impair their ability to make sound judgments. This can lead to risky behaviors like aggressive driving, tailgating, and unsafe lane changes. Amphetamines and stimulants can lead to hyperactivity and restlessness, overconfidence and a sense of invincibility, irritability and agitation, and a distorted perception of time and distance. These side effects can result in erratic driving behaviors, unnecessary risk-taking, road rage, and impaired coordination, all of which could increase the likelihood of causing a fatal accident.
Moreover, when the effects of these substances begin to wear off, the user often experiences extreme fatigue. Fatigued truck drivers who rely on stimulants to stay awake run an even greater risk of falling asleep at the wheel and inadvertently causing a collision.
Speeding
The faster a vehicle is traveling, the longer it takes to come to a complete stop. The larger and heavier a vehicle, the harder it is to reach a sudden and complete stop at high speeds. Additionally, speeding reduces the amount of time a driver has to react to unexpected events or obstacles on the road. If a driver operating a vehicle weighing up to 63,500 kilograms exceeds the posted speed limit, they may be unable to hit the brakes in enough time to avoid a collision.
High speeds can also make it more difficult to control a truck, especially when navigating curves or sudden changes in road conditions. Not only can this increase the risk of unexpected collisions, but the high speed at which a truck is traveling could cause the driver to lose control of their vehicle. Trucks operating at excessive speeds could easily roll over, drive off the road, or veer into oncoming traffic.
Driving at excessive speeds can also lead commercial vehicles to follow too closely behind other cars. This can lead to serious collisions if the vehicle ahead of the truck brakes unexpectedly and the truck driver does not have enough time to react.
Truck drivers may feel pressured to exceed local speed limits in order to reach their destinations on time. However, doing so unnecessarily jeopardizes the lives of countless other road-users.
Fatigued driving and speeding are only two examples of driver negligence that often lead to truck accidents. Other examples of driver negligence that can result in injury-causing truck accidents in and around the Greater Toronto area include:
- Distracted driving
- Drunk driving
- Improperly changing lanes
- Ignoring traffic signs/signals
- Eating behind the wheel while the truck is in motion
- Texting while driving
- And more
Legal Framework
Since trucks are so much larger than regular passenger vehicles, when collisions occur, accident victims could lose their lives or sustain severe, catastrophic injuries. The injuries sustained in truck accidents can have profound consequences that can change the course of an accident survivor’s life. These consequences can be physical, psychological, and economic.
Our Toronto truck accident lawyers believe that no one should be forced to pay the price of someone else’s negligence. By working with our truck accident lawyers serving Toronto, survivors of collisions caused by negligent truck drivers may be able to recover compensation for damages they have incurred, as well as damages they will incur in the future.
Liability and Negligence
In accordance with the province’s Highway Traffic Act, all operators of motor vehicles must exercise a reasonable degree of caution behind the wheel. Truck drivers are no exception.
If a truck driver violates local traffic laws and their wrongful conduct on the road leads to a collision, they may be considered negligent. As such, they may be liable for damages incurred by the people who were injured as a result of their misconduct.
Driver Liability
Whether they feel the need to speed excessively in order to reach their destinations on time, operate their vehicles while fatigued and/or under the influence of stimulants, indulge in various distractions behind the wheel, or engage in any other form of negligent driving, truck drivers who disobey the rules of the road could severely injure unsuspecting, law-abiding road-users. Regardless of their reason for driving negligently, their actions behind the wheel could have profound, life-changing consequences.
Like all other motor vehicle operators, truck drivers are required to obey local traffic laws. If they fail to do so and their wrongful actions lead to injury-causing accidents, these negligent commercial vehicle operators should be held accountable for their actions. By working with our Toronto truck accident lawyers, injured victims of these collisions may be able to pursue a civil claim against the negligent truck driver to recover compensation.
Company Liability
In certain situations, the contributory negligence of another party or entity could play a role in the circumstances leading to a serious truck accident. For example, the owners of trucking companies and other private employers might also be considered responsible for the negligent actions of their employees.
Trucking companies have a responsibility to ensure that the vehicles they send out on the highway meet the province’s stringent commercial vehicle safety requirements. If a truck driver’s employer fails to comply with these industry standards and a vehicle malfunction leads to an accident in which another road-user is injured or killed, the trucking company may be liable.
Furthermore, it is the responsibility of trucking companies to ensure that the people they employ to operate their vehicles will do so in a cautious, professional manner. If a trucking company knowingly employs a truck driver with a history of negligence, they might be considered negligent themselves. Failing to terminate the negligent employee or reprimand unsafe behaviours could put lives at risk. That is why, if a trucking company neglects to take disciplinary actions against a dangerous driver in their employ and continues to send negligent truck drivers out on assignments, they might be considered contributorily negligent if that unsafe driver causes an accident. As such, the employer might be liable for damages sustained by the injured victims of truck accidents caused by their employees.
Building Your Case
It is not uncommon for injured victims of truck accidents to incur substantial financial losses as a result of the injuries they have sustained.
In this province, anyone who has been injured in any kind of motor vehicle accident – including truck accidents – should be able to access no-fault accident benefits through their automotive insurer. However, owing to the severe or catastrophic nature of injuries frequently sustained in collisions with large commercial transport vehicles, the amount of accident benefits available to injured truck accident survivors are not always sufficient to cover their total injury-related financial losses.
However, by working with our Toronto truck accident lawyers, people who have been injured in a collision may be able to recover the compensation they deserve by pursuing a personal injury claim against the negligent operator of the large commercial vehicle in question and/or their employers.
Calculating Damages
Our truck accident lawyers serving Toronto pride ourselves in standing up for the rights of the clients we represent. Being injured in an unexpected collision can be overwhelming. It can be difficult to ensure that your rights are protected and that the compensation you receive is commensurate with your damages.
By taking advantage of a free initial consultation with our Toronto truck accident lawyers, you could learn about the various damages you may be owed. If you are eligible to pursue a claim, our truck accident lawyers serving Toronto may be able to help you recover the maximum amount of damages to which you should be entitled.
Medical Expenses
Since the injuries sustained in truck accidents are often catastrophic and permanent in nature, the medical expenses associated with them over the course of an accident victim’s lifetime can be exorbitant. For example, if a truck accident victim survives their collision with a severe spinal cord injury resulting in paralysis, their anticipated medical expenses throughout the rest of their lives could range from $1.5 million to $3 million.
However, even truck accident victims whose injuries are more moderate in severity could incur increasingly expensive financial losses as a result of the necessary medical care they require. By working with a Toronto truck accident lawyer, injured parties may be able to recover costs for:
- Attendant care
- Home modifications
- Prescriptions
- Surgery
- Chiropractic treatment
- Dental work
- Hospital accommodations
- Psychological counseling
- Physical therapy
- Occupational therapy
- Massage therapy
- Acupuncture
- Professional nursing and ambulance services
- Medically necessary equipment
- And possibly more
Lost Wages
The economic impact of injuries sustained in a truck accident can be even more substantial if the injured party is unable to complete the tasks associated with their job as a result of their newly acquired medical condition. By pursuing a personal injury claim, injured truck accident survivors in Toronto may be able to recover compensation for wages lost as a result of missed work.
In some scenarios, the injuries sustained in a collision could limit a truck accident victim’s opportunities for career advancement. In these situations, a Toronto truck accident lawyer may be able to help their client recover damages for reduced future earning capabilities, as well.
Pain and Suffering
Unlike economic damages, non-economic damages are more difficult to quantify. It is difficult to put a price tag on intangible damages, such as pain and suffering. However, if the injuries you sustained in your truck accident diminish your overall quality of life and make it impossible for you to participate in activities you enjoyed before your collision occurred, you may be entitled to damages for pain and suffering, emotional distress, and other non-pecuniary damages.
The damages available in any given personal injury claim are unique and specific to the losses incurred by each injured victim. To learn more about the compensation to which you may be entitled, schedule a free initial consultation with our truck accident lawyers serving Toronto.
The Litigation Process
No one anticipates being involved in a truck accident. For people who have been injured, the thought of working with a personal injury lawyer to pursue legal action can seem daunting.
Our truck accident lawyers serving Toronto pride ourselves in handling all aspects of our clients’ claims throughout all stages of litigation. With the goal of helping our clients recover the maximum amount of damages, our personal injury lawyers focus on each element of our clients’ legal case so that our clients can focus on their physical and emotional recovery.
Financial Considerations
Being injured in a truck accident can be overwhelming and expensive. Many survivors of traumatic collisions are hesitant to seek out legal advice for fear of incurring additional expenses.
However, our Toronto truck accident lawyers do our best to remove financial barriers to accessing our services. Preszler Injury Lawyers offer a free initial consultation to all prospective clients. During this cost-free, no-obligation first meeting, you can receive personalized, case-specific legal advice and learn about options for legal action that may be available to you.
Contingency Fees
Additionally, our truck accident lawyers serving Toronto work on a contingency-fee basis. That means, at Preszler Injury Lawyers, our clients do not pay unless we win their cases.
Our Toronto truck accident lawyers invest in the clients we represent and fight to get them the maximum amount of compensation they deserve. To review your case and receive personalized legal feedback from our truck accident lawyers serving Toronto, contact us today.
