Our Results
Experienced Truck Injury Law Firm in Hamilton
The Personal Injury Law group at Ross & McBride is based in Hamilton, Ontario and we know the local roads and the dangers of commercial truck accidents in Ontario, especially throughout the Golden Horseshoe. In Ontario, commercial trucks make up only about 3% of the vehicles on the road, but are involved in nearly 12% of fatal collisions. We use our extensive experience and knowledge of these claims to build your case against the truck driver, trucking company or insurance company and get maximum compensation for your accident.
Our legal team works on a contingency fee basis, so you don’t pay anything until you get compensation. If you have been in a motor vehicle accident involving a commercial truck, call us right away for your free consultation and take legal action to protect your rights.
Common Causes of Commercial Vehicle Accidents
A commercial truck crash is potentially life-changing, especially when there is a passenger vehicle involved. Truck accidents often involve multiple parties, because they most frequently happen on busy highways, and the ownership of trucks, trailers and the employment of the operators is often complex.
Some of the most common causes of truck accidents include:
- driver fatigue
- speeding or reckless driving
- poor maintenance
- dangerous road conditions
- mechanical failure
- driver error
- distracted driving
Driver fatigue is common among long-haul truckers, who often spend many hours on the road and drive at night when traffic is lighter. Although there are regulations about the hours of service a driver is permitted to work between breaks, some drivers will violate these rules to get the job done faster. This can affect their reaction time when danger arises, and sometimes even results in falling asleep at the wheel.
In bad weather, such as snowstorms, freezing rain and heavy downpours, a commercial truck can lose control and jackknife, or flip over on its side. Jackknifing often causes a pile-up with multiple other motorists involved. This can be worsened if a truck is overloaded, which sometimes occurs.
The commercial driver of the large truck may or may not be the at-fault party. Accident reconstruction helps with determining liability, as well as potential criminal charges, after a truck accident.
We fight to have your injury classified correctly and ensure your personal injury claim reflects the true scope of your suffering.
Our Awards
Common Truck Accident Injuries in Ontario
Because of the size of the vehicles involved, commercial truck accident have a higher likelihood of leading to severe injuries, and even death. Other common injuries sustained in a truck crash include:
- spinal cord injuries, including paralysis
- traumatic brain injuries, such as concussions or skull fractures
- internal injuries
- neck injuries, such as whiplash
- airbag and seatbelt injuries
- post-traumatic stress disorder
- broken bones and crush injuries
The type and seriousness of injuries will depend on the speed of the crash, how your vehicle was hit, whether your vehicle was crushed or propelled into another vehicle, whether your vehicle rolled over, and many more possibilities. These incidents also can involve more than two vehicles, making liability (i.e. fault for the accident) a complicated analysis.
Fatal Truck Accident Injuries
Sadly, many truck accidents result in fatal injuries to drivers or passengers in other vehicles, or even pedestrians. When this happens, certain family members may be able to sue for the loss of a loved one. A personal injury lawyer can guide you through this emotionally difficult process. They can also confirm whether you are entitled to other insurance benefits that will help your family through the loss.
Our lawyers know that the last thing you want to do after a devastating loss is relive the tragedy in court or through filling out reams of paperwork. We are here to support you and make the legal process as painless as possible.
What Is My Hamilton Truck Accident Case Worth?
This is a question no experienced lawyer is going to be able to answer for you immediately after a collision. Accident claims for a truck crash usually involve a complicated legal process. Properly assessing your claim is going to require that a personal injury lawyer obtain evidence, monitor your recovery, work with your rehabilitation team to ensure you’re receiving proper care, conduct examinations for discovery (i.e. question of witnesses) and even obtain the opinion of expert witnesses in many cases.
The amount of compensation to which you’re entitled will depend on whether you sustained serious injuries or catastrophic injuries and how these will affect your life. For example, have you suffered income loss, are there medical bills you are likely to face, do you have future care costs if your injuries are permanent, are your family members are also affected, and so on. Determining the answers to these questions takes time, including time for you to undergo rehabilitation, and thus the “value” of your claim is something determined closer to the end of the process than near the beginning.
What Compensation Truck Accident Victims May Recover in Ontario
There are many ways to pursue compensation for your truck accident. You can start a personal injury claim against the driver, the trucking company or anyone who has liability for the accident. You can also pursue statutory accident benefits (often called “no fault benefits”) through your own insurance company, or the truck’s insurance if you are a cyclist/pedestrian without your own policy.
In addition, you may have access to disability benefits through a work plan, extended health benefits, and be able to access a variety of provincial and federal assistance programs such as EI sick benefits, CPP Disability benefits or ODSP benefits. The experienced lawyers of the Ross & McBride regularly assist clients in navigating this web of compensation to ensure they’re receiving the bets compensation to which they’re entitled.
Liability In Truck Accident Cases
Liability in truck accident cases is not always straightforward. It can go beyond the truck driver to also include the truck owner (if it’s a different person), the trucking company, the company’s maintenance contractors, and even the people who loaded the truck (for example, if the truck was overloaded with cargo).
Modern commercial trucks are often equipped with dash cameras, electronic logs, event data recorders (the infamous “black box”) among other technologies.
Our experienced truck accident lawyers will gather all of the relevant evidence to help determine who is responsible for the truck collision.
Evidence that can be used to establish liability in a serious truck accident include:
- photos and videos from the accident scene
- the commercial driver’s logs and any tracking devices on the truck
- the maintenance records for the truck and any previous maintenance failures
- police records, including complex accident reconstruction reports
- witness testimony
The Statute of Limitations for Truck Accidents in Hamilton
There are strict timelines for filing claims after a truck accident in Ontario, so truck accident victims should consult with a personal injury lawyer as soon as possible to start the process of filing claims. Acting quickly will also help ensure that key evidence for your case is preserved.
These are a few of the deadlines you truck accident lawyer can help you meet:
- You are supposed to inform your own insurance company about the accident within seven days of the collision. The no-fault accident benefits should be available quickly to help you cover immediate medical treatment and other expenses like a rental car.
- You should file a Statutory Accident Benefits application within 30 days of the truck accident, or sooner, to ensure you qualify for those benefits.
- You have two years to file a civil lawsuit against a liable party such as the truck driver, the trucking company, the maintenance company or any other at fault party.
Benefits of Hiring a Hamilton Truck Accident Lawyer
An experienced truck accident lawyer knows the benefits to which you are entitled, is skilled at negotiating with insurance companies, and understands when you should escalate your claim through the litigation process in Ontario Courts. Trying to tackle these complex legal systems on your own often results in failed claims, delay and significantly lower compensation than you deserve.
Being local to Hamilton, Niagara and throughout the GTA means that we also have in-depth knowledge of rehabilitation providers, police departments and municipalities throughout southern, southeastern and central Ontario. Working with a legal team with this local familiarity helps ensure you get both the rehabilitation care you need and the evidenced gathered that your case requires.
Why Choose Our Hamilton Truck Accident Law Firm
With truck accident cases, experience and knowledge matters.
Our Hamilton personal injury lawyers have experience in not only truck accidents, but in virtually every area of personal injury law and have successfully represented thousands of clients over the past 100+ years. From your very first consultation to the final settlement or verdict, Ross & McBride is by your side to guide and protect you. We take the legal burden off your shoulders by handling every detail of your case—communicating with insurance companies, collecting medical records, working with experts, and filing court documents when needed. Our team brings a strategic and thorough approach to every claim, ensuring nothing is overlooked. We also keep you informed at every stage, so you’re never left wondering what comes next. With us in your corner, you can move forward with confidence knowing that your case is in capable hands.
Contact Our Hamilton Truck Accident Lawyers
The Personal Injury Law group at Ross & McBride has deep, local experience with truck accident cases. Contact us today for a free consultation.