Truck Accident Lawyers

Truck accidents are a significant concern on roadways due to the massive size and weight of commercial trucks compared to passenger vehicles. The consequences of these accidents are often severe, resulting in extensive property damage, life-altering injuries, and fatalities. Oftentimes, truck accidents result from factors such as driver fatigue, mechanical failure, speeding, impaired driving, and complex road conditions. And although truck accidents invoke many of the same issues as car and motor vehicle accidents, certain unique complexities and disputes can arise that makes speaking with an experienced personal injury lawyer critical.

Several types of claims can arise following a truck accident. These include:

• Personal injury: Individuals injured in a truck accident can seek compensation for medical expenses, lost wages, and pain and suffering.
• Property damage claims: Victims can recover costs related to damage to their vehicles or personal property.
• Wrongful death claims: Families of those killed in truck accidents can pursue claims for funeral expenses, loss of companionship, and the financial support the deceased would have provided.
• Product liability claims: If an accident results from a defective vehicle part or improper truck maintenance, victims can file claims against the truck manufacturer or maintenance company.
• Negligence claims: Truck drivers or trucking companies can be held liable for negligence, such as violating safety regulations or improper training.

What should I do if I’m injured in a truck accident?

If you are injured in a truck accident, whether as a pedestrian or motorist, first ensure your safety and the safety of those around you. Once everyone is moved to a safe area and is out of danger, take the following steps.

1. Ensure safety and call for help: Check for injuries and call 911 if anyone is hurt or the scene is unsafe. If possible, move vehicles out of traffic and turn on hazard lights to prevent further accidents. 
2. Exchange information: Trade contact and insurance details with the other driver(s) involved, including names, phone numbers, license plate numbers, and insurance policy numbers. This information is crucial for filing insurance claims. 
3. Gather evidence: If you can, take photos of the vehicles, the overall scene, and any visible injuries. Note the time, location, and road conditions. If there are witnesses, get their names and contact info. These details can help establish what happened and who was at fault. 
4. Report the accident to police:In Nova Scotia, Prince Edward Island, and Newfoundland and Labrador, motor vehicle accidents must be reported to law enforcement if they result in any injury or cause more than $2,000 in property damage. In New Brunswick, the threshold is lower—accidents must be reported if injuries occur or if property damage exceeds $1,000. Even in cases of minor fender-benders, it’s a good idea to file a police report to ensure there is an official and impartial record of the incident.
5. Notify your insurance company: Contact your auto insurer as soon as possible to report the collision. Provide them with the basic facts. Prompt notification is often required by insurance policies and it ensures you can access benefits like vehicle repairs and medical coverage. 
6. Seek medical attention: See a doctor as soon as you can, even if you feel fine. Some truck accident injuries (like whiplash or concussions) may not show symptoms right away. A medical exam protects your health and creates a record of any injuries in case you pursue a claim. 

The moments after a crash can be overwhelming, but following these steps will help protect you both medically and legally. If you’re unsure about the next steps or feeling stressed, our truck accident lawyers are here to support you. Contact us for a free consultation. 

Should I sue after a truck accident?

Filing a lawsuit after a truck accident can be a necessary step to receive fair compensation for your injuries and damages, especially if the accident was caused by the negligence of the truck driver or trucking company. Experienced lawyers will consider these factors when assessing your case:

1. The extent of your injuries: If an accident resulted in significant injuries requiring long term medical treatment or leading to disability, a lawsuit may be needed to cover the cost of medical bills and lost wages.
2. Multiple parties at fault: Truck accidents often involve multiple parties, such as the driver or trucking company. An experienced lawyer can help you assess your case to determine which party/parties may be liable.
3. Statute of Limitations: As a general rule, an injured party in Atlantic Canada has two years to file a car accident claim. Notwithstanding, this two year general rule may be subject to exemptions.
4. Fault Determination and Insurance Coverage: If the at fault parties’ insurance company denies a claim or is insufficient to cover damages, suit may be necessary.

Consulting with a personal injury lawyer with experience handling truck and car accident claims can help you break down your options, assess the specific facts of your case, help negotiate with insurance companies to ensure your best interests are represented. Filing suit may be the most effective route to achieve proper compensation, especially in cases of severe injury, negligence, or insurance disputes.

What if I am partly at fault?

If you are partly at fault for a truck accident, your ability to recover might be reduced, but it doesn’t mean you will receive nothing. For example, in Nova Scotia, if damage is caused by more than one party in an accident, liability for recovery will be proportionate to the extent each person is at fault. Fault is typically determined by assessing the facts of the case and investing the conduct of each involved individual prior to and during the accident. If it is impossible to establish degrees of fault, liability will be shared equally.

A lawyer can help determine the extent of your fault, if any, and how it may affect your claim as well as advocate on your before to minimize your share of fault.

What can I claim if I’m injured in a truck accident?

A party injured as the result of a truck accident can be awarded damages including the cost of future care, pain and suffering, lost income, loss of future earning potential, emotional distress, loss of enjoyment of life, and any out-of-pocket expenses. When a truck accident results in a fatality, the family of the deceased can claim incurred medical expenses for the deceased, funeral expenses, or compensation for grief counselling.

The severity of your injuries is a major factor in valuing your claim. Our clients’ injuries range in severity, from whiplash and soft-tissue injuries, to broken and fractured bones, to more severe injuries such as traumatic brain injuries, paraplegia and quadriplegia. We also help people who suffer from chronic pain and psychological injuries such as PTSD.

You can use our Injury Claim Calculator to learn more about how to evaluate your claim.

Injury Claim Calculator

What is Section B insurance?

Section B benefits are referred to as “no fault” insurance, and are included in every automobile insurance policy in Nova Scotia, New Brunswick and Prince Edward Island. The purpose of Section B is to provide coverage for individuals that require treatment as a result of motor vehicle accidents, inclusive of medical expenses, loss of income, housekeeping, funeral expenses, and death benefits. In Newfoundland and Labrador, Section B benefits are an optional addition to your already existing auto insurance coverage.

Because of the nuances of Section B, it is advisable to seek legal advice in order to ascertain whether it applies and if your injuries fall under its coverage.

Should I seek legal advice?

Truck accident cases can be highly complex due to the interplay of federal/provincial regulations, insurance issues, and various liable parties (the driver, trucking company, or manufacturer). Moreover, gathering evidence can be more challenging than in regular car accidents. Relevant data may include the truck’s electronic logging device, driver logs, maintenance records, and dash cams. This evidence is often controlled by trucking companies who may be reluctant to share it. Truck accidents often require detailed investigations by independent experts, such as accident reconstruction specialists, engineers, and medical experts. This input is often crucial for understanding the crash dynamics and determining fault.

Legal counsel can help determine the responsible parties and hold them accountable; investigate any federal and/or provincial regulations that may have been violated; negotiate with insurers; and help navigate the legal system.