December 13, 2019

Toronto Truck Accident Lawyer

Bring the party responsible for causing your catastrophic injuries to justice by reaching out to an experienced truck accident lawyer in Toronto.

The devastation that comes with a serious collision involving a tractor-trailer is undeniable. In addition to severe, life-threatening injuries, survivors of truck accidents often struggle to cope emotionally and find themselves in dire financial straits due to unforeseen costs. Fortunately, there is a way to get your life back with the help of a regarded injury lawyer.

At Jasmine Daya & Co., we are passionate about assisting Toronto injury victims in their time of need. When you are finding it difficult to figure out where to turn and how to overcome such a traumatic experience, a Toronto truck accident lawyer at our firm may be able to help you pick up the pieces of your life.

When to Pursue Legal Action after a Tractor-Trailer Crash

It can be a challenge to figure out whether you should take the time and energy to pursue a civil claim against the person or persons who are liable for your injuries. One way to know if legal action is appropriate in your case is to consider how impactful your injuries have been or will be on your life. Some of the types of injuries that are seen regularly in trucking wrecks include:

  • Traumatic brain damage
  • Lacerations
  • Spinal cord injuries
  • Bone fractures and breaks
  • Third-degree burns
  • Back injuries
  • Organ failure
  • Paralysis
  • Amputation
  • Post-traumatic stress disorder

It is important to note that the type of injury you sustain isn’t necessarily the deciding factor when thinking about a Toronto vehicle accident lawsuit. Rather, the negative influence of the injury is what will determine how much you will be awarded, if anything.

What’s more, you can also discuss the possibility of suing when someone else is to blame for the cause of the accident. In fact, negligent actions of another are the primary grounds for the pursuit of compensatory and nonpecuniary damages. You can continue reading to learn more about culpability in Toronto trucking accidents.

Liability in 18-Wheeler Collisions

One of the most important aspects of any personal injury lawsuit brought on by a big rig wreck is the establishment of fault. Figuring out who is responsible for causing your accident will determine who your lawsuit is filed against and who should be compelled to compensate you for your losses.

With that being said, despite the fact that every accident is different from the next, there are some parties that are more frequently found to be liable than others.

The most common cause of tractor-trailer collisions is truck driver negligence. This means that the trucker failed to ensure the safety of those around them while operating the truck.

Driving under the influence of drugs or alcohol may be the first thought that comes to mind, and while this is certainly true for many cases, other trucker errors are actually more common. Drowsy driving due to overscheduling; aggressive driving practices, such as speeding and following too closely; and distracted driving occur with alarming frequency in Toronto truck accidents.

But truck drivers aren’t the only party that may have contributed to the ultimate cause of the accident. Their supervisor or employer, the owner of the truck, the trucker’s colleagues, safety inspectors, parts manufacturers, and other individuals and entities all have a responsibility to ensure the safety of an 18-wheeler. When they fail to do so, they can be held accountable for their negligence.

Injury victims are sometimes partially to blame for the cause of their accidents, and while this doesn’t prevent them from seeking maximum compensation under Ontario’s contributory negligence laws, it will result in a proportionate reduction of their injury settlement.

Get the Most from Your Toronto Personal Injury Claim

There is a silver lining to most traumatic experiences, and trucking accidents are no exception. The good news following your collision is that there are already going to be some benefits available to you through your auto insurance provider as part of your accident benefits insurance, as required by law. These benefits can include:

  • Wage replacement benefits
  • Visitors’ expenses
  • Vehicle replacement or repair costs
  • Housekeeping expenses
  • Healthcare costs

These are just a couple of the benefits you may be able to recover from the insurance company with the assistance of your lawyer. However, it can be seen that these may not cover the full extent of your losses, but a lawsuit will allow you to seek recovery of every loss, including:

  • Remaining lost wages
  • Loss of enjoyment of life
  • Childcare and household expenses
  • Mental anguish
  • Loss of consortium
  • Pain and suffering

Depending on the circumstances of your commercial trucking accident, you may even be awarded punitive damages in rare cases. These are awarded above and beyond your personal, financial, and psychological losses when the actions of the at-fault party are particularly egregious or intentionally harmful.

Toronto Truck Accident FAQ

Being involved in a collision with an 18-wheeler can be terrifying and traumatic. You will more than likely have many questions about what is going to happen next for you, your family, your insurance claim, and any potential lawsuit you might pursue in Toronto.

With that in mind, below we have addressed some commonly asked questions regarding trucking accidents so you can begin to put your mind at ease. Other questions that you have can always be discussed during your free consultation at our Toronto office.

How long do I have to decide if I want to file a lawsuit in Toronto?

The amount of time you have to file your claim in Toronto civil court is known as the statute of limitations. Ontario’s statute of limitations extends for two years following the date of the accident.

If your injuries were not discovered until a later date, the statute of limitations would expire two years from the date of your diagnosis. It is very important that your lawsuit is filed before this deadline, as your case is likely to be dismissed if you attempt to file once the statute of limitations has already run out.

Can I file a claim for damage caused by lost cargo in a truck crash?

Absolutely. If workers who load cargo were negligent in not properly securing the cargo on a tractor-trailer, cargo loaders, supervisors, and possibly the trucking company as a whole could be found liable for your losses. This is because these individuals have an obligation to ensure the safety of the truck and its contents before it is cleared to get out on the roads.

Do I still have a case if the truck was from another province?

Yes. It doesn’t matter where the 18-wheeler is registered; all that matters is that the accident occurred in Toronto (or anywhere in Ontario, from which our law firm operates). If your accident were to have occurred outside of Ontario, you would need to seek legal representation from a lawyer in the province where the collision happened.

Get Help from a Truck Accident Lawyer in Toronto

When you are feeling overwhelmed after your tractor-trailer wreck and are unsure of what you should do next, an experienced Toronto truck accident lawyer at Jasmine Daya & Co. could help. To further discuss the individual details of your case, you can schedule a free consultation. Just give our office a call at 416-967-9100 or submit the brief contact form below, and we’ll be in touch to set up your consult.


Jasmine Daya & Co.

Toronto Car Accident Lawyer
4169679100
55 St. Clair Avenue West, Suite 415 Toronto, Ontario M4V 2Y7
$$

Description: Toronto personal injury lawyer Jasmine Daya cares deeply about her clients and her reputation in the legal profession. She works very hard helping people understand their rights within personal injury law as well as helping businesses understand that their obligation is to keep their clients or customers safe.

Jana Schilder

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