Motor vehicle accidents involving tractor trailers in Cornwall and other parts of Ontario often result in catastrophic injuries. This is due to the sheer size of tractor trailers. When they collide with smaller, passenger vehicles, the damage to the passenger vehicles is often severe and the injuries catastrophic. This risk of catastrophic injuries increases when tractor trailers are involved in high speed highway accidents. Fatalities are very likely in highway accidents involving tractor trailers, given the size of tractor trailers coupled with high rates of speed. Infact, there have been several fatal tractor trailers accidents in Ontario this month.
Fatal Tractor Trailer Accident Outside Cornwall, Ontario
On January 21, 2016, a 59 year old male died in a tractor trailer accident on Highway 401 in South Stormont Township, about 20 minutes west of Cornwall. According to reports, 2 tractor trailers were traveling eastbound on Highway 401 when they collided with each other. One of the tractor trailer drivers died as a result. The other tractor trailer driver was not injured. The cause of the accident is under investigation.
Fatal Tractor Trailer Accident in Ontario
On the same day, there was another fatal tractor trailer accident in Mississauga, Ontario. In that accident, a vehicle collided with a tractor trailer. The driver of the passenger vehicle was in his late 50s and died as a result of the crash. The cause of that accident is also under investigation.
Injured Victims’ Rights After Ontario Car-Truck Accidents
Injured victims and family members of deceased car accident victims have legal rights after accidents involving tractor trailers in Ontario. Injured victims may file accident benefits claims with their auto insurance companies, as well as tort claims against at-fault drivers.
1. Accident Benefits Claims
Under Ontario car accident and insurance laws, insured injured drivers may receive accident benefits from their own insurance companies regardless of who caused the accident. Some of these benefits include medical benefits and income replacement benefits. Thus, even though an injured driver did not cause a car accident, he still receives medical benefits from his own insurance company, and not from the at-fault driver’s insurance company.
Surviving family members may file accident benefits claims to receive death benefits and funeral benefits to help pay for the expenses of a funeral if they qualify to receive payments.
2. Ontario Car Accident Tort Claims
In addition to receiving accident benefits, injured drivers may file tort claims against at-fault drivers. In other words, they may sue the drivers in court. Even though an injured driver receives medical benefits and income replacement benefits from his insurance company, there may be medical expenses that are not covered by accident benefits. In addition, income replacement benefits only reimburse a portion of lost income. Therefore, an injured driver may recover lost wages not covered by income replacement benefits from a tort claim. Victims and surviving family members may also file tort claims against the at-fault drivers.
Help with Statutory Accident Benefit and Tort Claims After Ontario Car-Truck Accidents
If you or a loved one was injured in a car accident in Cornwall, Whitby or other parts of eastern Ontario and need help with your accident benefits claim, contact the experienced car accident lawyers at Bergeron Clifford to schedule a FREE consultation. 1-866-384-5886