When it comes to trucking accident cases, experience matters.
If you’ve been hurt in a truck or 18 wheeler accident it’s important that you speak to an experienced truck accident lawyer to learn your rights. Large commercial trucks account for a disproportionate percentage of the injuries and deaths occurring on Canadian roadways. A single average highway in Canada has about 1100 trucks a day travelling on it. In Ontario, the number goes up significantly. The average km of highway has about 2300 trucks a day, 10000 a day in Southern Ontario and up to 40000 trucks a day near Toronto.
When accidents happen, there is no doubt that truck accidents (including big rigs, 18-wheelers, tractor trailer, commercial vehicles) often cause very serious injuries to those involved, and in some instances, results in fatalities. Trucking accident can be very complex and difficult to handle, which is why you absolutely need to retain an experienced trucking accident lawyer to prosecute your case. Last year in Ontario, large truck collisions represented approximately 19% of road fatalities, while large trucks were involved in approximately 2011 reported cases of personal injury.
It’s important that we start our trucking accident investigation as soon as possible in order to collect and organize any evidence required in determining liability. Typically our Hamilton trucking accident lawyers in a trucking accident case will not only want to see the truck in person, but also will want:
Our Hamilton Trucking Accident Lawyers and personal injury lawyers represent victims who have suffered serious injuries and families of those who have lost loved ones in truck accidents. We represented victims who have suffered brain injuries, orthopedic injuries, spinal cord injuries.
The goal of our Hamilton trucking accident lawyers is to seek justice for our clients and help put them in the place they were before they were hurt or in the case of fatalities – make sure that families and loved ones, whether spouses or children, are well protected financially. Common causes of trucking accidents in Canada can include:
After determining fault or liability your trucking accident our Hamilton trucking accident lawyers will need to valuate your damages, or compensation that might be owned to you if the accident was the fault of the truck driver or trucking company.
Your claim will typically consist of seeking compensation for your pain and suffering, loss of enjoyment of life, loss of amenities, loss of interdependent relationship, loss of housekeeping capacity and future health care costs. Future care, in the case of spinal cord injury, will usually consist of valuating annual costs. The average annual expenses and lifetime costs that are directly attributable to spinal cord injury vary greatly based on education, neurological impairment – i.e. whether the spinal cord injury is incomplete tetraplegia, incomplete paraplegia, complete paraplegia or complete tetraplegia.
In the context of a wrongful death or fatality, you would want to seek legal advice from a Hamilton trucking accident lawyer if you have suffered a loss of care, guidance and companionship, an economic loss or, if you are a surviving dependent left without financial support or the financial contribution that your deceased love one made to the family unit. Fatality claims in Ontario are complicated and should only be prosecuted by an experienced wrongful death or personal injury lawyer that will work with economists who will assist in calculating the loss of financial support suffered by the family of the deceased, either by sole dependency, cross dependency approach or a modified sole dependency approach.
Matt Lalande is an experienced Hamilton trucking lawyer that has represented many victims in trucking accident cases. Over the past 15 years he has handled many trucking accident victims recover full compensation for:
We know that after your 18 wheeler accident you asking lots of questions – some of which common questions include:
In Ontario, you have two years to file a trucking accident claim.
You are entitled to a maximum of approximately $366,000 (2018) which understandably is terribly low, but unfortunately is the law.
Our Hamilton truck accident lawyers would need to review your situation but there is probably a good chance that you still have a valid claim, although you might be contributory negligent for the accident – which means that if you are paid compensation, that compensation is reduced in accordance to your proportionate share of contribution. The defendant trucker has the onus of proving this, not you.
You might, or you might not. It depends. Every case and every insurer is different. You would most likely, at some point before going to Court be provided with an offer to settle your case, just as you would provide to the trucker that caused your injuries. If you and the defendant cannot agree on a mutually acceptable resolution or settlement, then you have the option of putting your facts in front of a Judge or Jury. This is your complete right to do.
The following is a short explanation of a truck accident litigation timeline and what you could expect. It is important to understand that, based on the severity and seriousness of the accident and injuries, settlement can occur at any time during the noted process below. For example, many insurance companies will understand the requirements of a paraplegic victim that was hurt by a driver and pay the policy limits on that claim sooner rather than later, assuming the accident is the truckers’ fault.
If you or a family member has been involved in a trucking accident or 18 wheeler accident and suffered serious injuries, then you need to speak to an experience truck accident specialist in order to determine your options and best recourse. Lalande Personal Injury Lawyers will meet you at your convenience.
We never charge for consultation and if we agree to work together, we will never ask for fees upfront. Call us at 905-333-8888 or speak to our live chat operator who would be happy to set up an appointment.
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