Truck and Commercial Vehicle Accidents
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Large vehicles such as tractor-trailers, gravel trucks, and delivery vans are a common sight on Ontario’s roadways. Driving these vehicles necessitates additional licensing tests. Even with these prerequisites, these trucks can pose significant hazards at high speeds and in congested areas. In a matter of seconds, a collision could change someone’s life forever. If you or a loved one has been the victim of an injury from a trucking accident, we can help.
Working with Our Trucking Accident Lawyers
At Bergeron Clifford, our team includes several experienced truck injury lawyers. We are familiar with the immediate and enduring challenges that victims may face while trying to recover. Retaining our firm means having dedicated advocates who will pursue compensation for you during a time when you need it most.
Truck Driving Regulations
Truck drivers are obliged to adhere to a stringent code of conduct and possess a thorough knowledge of their vehicles. This is not only crucial for ensuring the safety of the cargo they are transporting, but most importantly, these regulations are designed to safeguard the person behind the wheel and other drivers on the road.
Understanding Commercial Driver’s Licenses
While many are familiar with the standard graduated licensing requirements in Ontario, obtaining a truck driving license demands that applicants first hold a G license and then complete additional, more rigorous training and testing. There are eight types of commercial driving licenses available, each depending on the weight of the truck, whether it has air brakes, and if the vehicle is considered a tractor-trailer.1
Qualifications for a Commercial Driver’s License
Before securing a commercial license in Ontario, applicants have to pass a written test that details specific information in the MTO Truck Handbook. Once they’ve cleared the written test, a practical road test is mandatory. This assessment evaluates the applicant’s proficiency in safely and efficiently handling vehicles, encompassing skills like reversing and managing traffic conditions.
Hours of Service
The Government of Ontario has instituted specific hours of service regulations to which all truck drivers must conform. These guidelines aim to ensure driver alertness and road safety. Notably, there are exceptions, such as motor homes or ambulances. However, the predominant daily rules dictate:
- A driver must have 10 hours off-duty in a day.
- A maximum driving limit of 13 hours within a day.
- Prohibition from driving after completing 14 hours of on-duty service in a day.2
Determining Fault in a Trucking Accident
Fault regarding a trucking accident can be challenging to determine, given the myriad factors involved. Potential causes include:
- Driver errors
- Fatigue
- Unsuitable loading of the truck
- Improper maintenance
As a result, a few parties could be found responsible for the incident, such as the driver, the maintenance or loading crews, or the trucking company itself. This multi-faceted liability becomes particularly evident in cases where there’s a history of lapses in scheduling, inadequate training, or substandard maintenance protocols. Details also tend to depend on the company and the type and size of the truck.
According to the 2018 Annual Road Safety Report, commercial trucks were linked to 95 fatalities that year. Further, 5% of the trucks examined had a defect that may have contributed to the cause of the accident.
How Our Lawyers Can Help
Our dedicated team understands the physical, emotional, and financial toll that motor vehicle accidents can have on individuals and their families. We are committed to providing compassionate and skilled legal representation to help you navigate through the complex process of a motor vehicle accident claim. Here’s how our lawyers can assist you:
The Difficulties Associated with Trucking Accident Claims
Navigating trucking accident claims can be complex, often due to the involvement of multiple insurance companies, each attempting to exempt their insured parties from blame. For victims, confronting these challenges single-handedly can be daunting. Advice from a seasoned truck injury lawyer can help you better understand these processes, ensuring that your rights are safeguarded and that you secure just compensation for your injuries.
Consequences of Truck Accidents
Catastrophic injuries, by definition, permanently alter the lives of their victims. Victims must grapple not only with the immediate trauma and consequent pain but also the arduous journey of recovering from their injuries. Many factors determine the extent of damage done to the human body due to truck accidents, and numerous injuries are possible.
- The most common injuries happen to the brain and spinal cord, both of which can cause advancing symptoms and potentially chronic pain that spans months or even years.
- Given the size and weight of trucks, when they collide with smaller vehicles, the impact can be significant. Such collisions often result in conditions like whiplash or other physical injuries, leaving victims with ongoing discomfort.
- In severe circumstances, truck accidents can be fatal. According to Statistics Canada, there were 1,745 fatalities involving commercial vehicles in 2020.3 The formidable size and mass of these vehicles make them complicated to maneuver and even more troublesome to stop, especially in high-speed situations. Tragically, some of these incidents culminate in wrongful deaths, imposing profound grief on bereaved families.
Recovering from a Truck Accident
Your priority after being involved in a truck accident should be to focus on your recovery. This might entail surgical interventions or prolonged physical therapy sessions to restore mobility and strength. In some cases, medical professionals may be unable to accurately prescribe the best way for you to heal, necessitating an array of medications and rehabilitation programs, which can escalate expenses.
In addition, you will likely be unable to return to work in the same capacity as before or need to consider switching careers suited to the tasks your body can better adapt to. All of this stress can be a financial burden, plateauing your recovery and potentially causing you further harm.
Working with an Experienced Truck Injury Lawyer
At Bergeron Clifford, our truck injury lawyers advocate for securing rightful compensation for our clients, alleviating undue distress during their recovery phase. We understand that this injury will impact you not only until it is healed but also throughout your life. Our team invests the time to understand the details of your accident fully and the implications it has on you now and in the future. Formulating your claim with this holistic understanding, bolstered by our proven expertise, assures you of optimal representation. Contact us today.
Case Summary: Transport Truck Collisions — and What Comes Next
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Contact Us Today
If you or a loved one has been injured in a motor vehicle accident in Ottawa, our team at Bergeron Clifford is ready to help you through this difficult time and fight for your rights. We offer compassionate and skilled legal services to ensure you receive the fair compensation you deserve.
Time is of the essence when it comes to pursuing a personal injury claim following a motor vehicle accident. That’s why we are committed to providing you with the information you need to make informed decisions about your case. For more information on our services, please contact us.
Frequently Asked Questions
If you have been injured in a trucking accident, you may be entitled to various types of compensation. This can include medical expenses, lost wages, pain and suffering, rehabilitation costs, property damage, and potentially even punitive damages in cases of extreme negligence. Consulting with our legal team is crucial to assessing the full extent of your damages.
Absolutely. Our firm operates on a contingency fee basis. This means you’re not obligated to bear any immediate fees or out-of-pocket legal expenses. Instead, our remuneration is a fraction of the compensation you secure, contingent upon a successful claim outcome. This approach aims to provide accessible legal counsel to those pursuing rightful compen
After a motor vehicle accident, you may be eligible to seek various types of compensation, depending on the circumstances of your case. Here are some common types of compensation that you can pursue:
- Medical expenses: You can seek compensation for all reasonable and necessary medical expenses related to your accident, including hospital bills, doctor’s visits, surgery costs, prescription medications, rehabilitation, and ongoing medical treatments.
- Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you have lost and the potential earnings you could have made during your recovery period. This includes both past and future lost wages.
- Pain and suffering: You may be able to seek compensation for the physical and emotional pain, suffering, and distress caused by the accident and your injuries. This includes the impact on your quality of life, loss of enjoyment of activities, and any psychological trauma you have experienced.
- Rehabilitation and therapy: If your injuries require ongoing rehabilitation, physical therapy, or specialized treatments, you can seek compensation for these expenses. This may include costs associated with occupational therapy, counselling, assistive devices, and home modifications.
It’s important to consult with our legal team so we can assess your unique and specific situation, evaluate the damages you may be entitled to, and guide you through the process of seeking fair compensation.
After a motor vehicle accident, you may be eligible to seek various types of compensation, depending on the circumstances of your case. Here are some common types of compensation that you can pursue:
- Medical expenses: You can seek compensation for all reasonable and necessary medical expenses related to your accident, including hospital bills, doctor’s visits, surgery costs, prescription medications, rehabilitation, and ongoing medical treatments.
- Lost wages: If your injuries prevent you from working, you may be entitled to compensation for the income you have lost and the potential earnings you could have made during your recovery period. This includes both past and future lost wages.
- Pain and suffering: You may be able to seek compensation for the physical and emotional pain, suffering, and distress caused by the accident and your injuries. This includes the impact on your quality of life, loss of enjoyment of activities, and any psychological trauma you have experienced.
- Rehabilitation and therapy: If your injuries require ongoing rehabilitation, physical therapy, or specialized treatments, you can seek compensation for these expenses. This may include costs associated with occupational therapy, counselling, assistive devices, and home modifications.
It’s important to consult with our legal team so we can assess your unique and specific situation, evaluate the damages you may be entitled to, and guide you through the process of seeking fair compensation.
Sources
- “Get a Truck Driver’s Licence.” n.d. Ontario.ca. https://www.ontario.ca/page/get-truck-drivers-licence.
- “Hours of Service | Getting Your Licence.” n.d. Ontario.ca. https://www.ontario.ca/document/official-ministry-transportation-mto-truck-handbook/hours-service.
- Canada, Transport. 2022. “Canadian Motor Vehicle Traffic Collision Statistics: 2020.” ASFCC. February 1, 2022. https://tc.canada.ca/en/road-transportation/statistics-data/canadian-motor-vehicle-traffic-collision-statistics-2020.
