Truck Accident Lawyer in Amherst

Representing Clients Who Have Been Injured in Truck Accidents

The trucking industry is an important part of Canada’s economy and system for delivering goods across the provinces. However, on highways where there are more commercial trucking vehicles, such as on the Trans-Canada Highway and in a town or city, the potential for accidents can also increase.

While truck accidents occur less frequently than passenger vehicle accidents, they can often be more serious, resulting in more severe injuries, greater property damage, and complex legal and insurance issues.

If you have been injured in a truck accident in Amherst, Nova Scotia you are likely feeling the financial pinch from lower income and higher uninsured medical expenses for ongoing care and treatment as you take the time you need to recover.

Personal injury claims provide a path to seek financial compensation for your losses and help you get back on your feet. Contact the dedicated personal injury lawyers at McKiggan Hebert Lawyers at 902-706-2298 to get started.

How Common Are Truck Accidents in Amherst?

Amherst’s location near Highway 104 and its proximity to the New Brunswick/Nova Scotia border mean it often sees increased traffic from commercial trucks. While the majority of the trucks that pass through Cumberland County do so without incident, truck accidents happen more than many people think.

Every year, Canada sees hundreds of fatalities and thousands of injuries from accidents involving commercial vehicles, and many of those happen right here in Nova Scotia. Long-haul truck drivers face many challenges, and even a small mistake or moment of negligence can cause a life-changing accident.

Truck accidents often occur when drivers exceed the speed limit or drive too fast for road conditions, particularly in snowy or rainy weather. However, truck accidents can also occur due to improperly loaded or secured cargo or mechanical failures resulting from a lack of maintenance. Driver fatigue and distraction are also common factors in truck accidents.

The Canadian Commercial Vehicle Drivers Hours of Service Regulations (SOR/2005-313) set strict limits on the number of hours truck drivers can be behind the wheel each day, and on the length of time they can drive without taking a mandatory break. Drivers who fail to abide by these rules put themselves and others on the road at risk.

What Makes Truck Accidents so Serious?

Truck accidents may occur less frequently than regular car accidents, but their aftermath can result in catastrophic injuries and life-changing outcomes. The average passenger vehicle weighs between 1,480 and 2,010 kilograms. A loaded tractor-trailer, on the other hand, can weigh between 36,000 and 63,500 kilograms. This is a huge difference in size and weight, which means there is also a significant difference in the force of impact during a crash.

The size and weight of commercial vehicles also impact how long it takes them to stop and what options the driver has to manoeuver to avoid an accident. Commercial trucks take much longer to stop than passenger vehicles, and they have very little ability to swerve to avoid an accident without risking jackknifing. Truck drivers must pay close attention to the road and leave plenty of room between themselves and other vehicles to give themselves more time to react if something happens.

While passenger vehicles are continually becoming safer through modern technology and better materials, a car is not much of a match for a loaded tractor-trailer. These accidents can also result in more dangerous collision types, such as rollover crashes or the smaller vehicle ending up underneath the truck. These situations increase the risk of severe injuries, such as spinal cord injuries and traumatic brain injuries, and fatalities.

Who Can Be Held Liable in Truck Accident Cases?

Determining liability in truck accidents can be more complicated than accidents between two passenger vehicles. There may be multiple parties responsible for the collision, and it is important to identify anyone who could share fault in the accident. While it is important to discuss the particulars of your accident with a personal injury lawyer, it is possible for one or more of the following to be at fault after a serious accident.

The Truck Driver

Driver negligence is one of the main causes of truck accidents, and in many cases, the truck driver is directly at fault. A truck driver may be liable for an accident if they violate the duty of care they have to others on the road through negligence or intentional actions.

A truck driver who is speeding or driving aggressively increases the potential for an accident to occur, and distracted driving behaviours, such as using a cell phone while driving, are generally considered negligence.

Many truck accidents happen as a result of impaired driving, and not just from drugs or alcohol. Driving long distances can lead to fatigue and loss of focus, impairing the driver’s ability to react and that is why there are federal hours-of-service rules for long-haul truck drivers. Driving logs and other evidence can be used to show that a driver was in violation of these rules and that fatigue could have contributed to the accident.

The Trucking Company

In some situations, the truck driver’s employer could also share in liability for the accident. Trucking companies can sometimes be held liable for the actions of their employees if they cause an accident during the scope of their work responsibilities. However, employers can also share direct liability if negligent hiring, training, or supervising practices contributed to the accident.

Trucking companies have the responsibility to ensure that any drivers they hire are properly qualified and have the correct license to operate a commercial vehicle. If the company fails to do this, it could be negligence.

In truck accident injury cases where the company encourages unsafe driving practices, such as telling drivers it is okay to falsify driving logs and drive longer hours than allowed by law, it may be possible to file a claim against the employer as well as the driver.

Other Third Parties

If a third party, such as a cargo loader or a maintenance technician, contributed to the accident, they could also be at fault. Truck drivers often rely on shipping companies and cargo loaders to ensure that the load is properly balanced. A shifting load can cause the truck to be off balance, increasing the chance of a rollover or jackknife, especially when driving at highway speeds.

Commercial trucks also require specific maintenance schedules, and if a technician does not properly perform that maintenance, it could result in a mechanical issue and an accident. While these situations are uncommon, it is important to discuss the possibility with experienced personal injury lawyers to ensure all potentially negligent parties are held accountable.

What Compensation May Be Available to Truck Accident Victims?

Personal injury claims involving truck accidents often involve significant damage. Serious injuries can lead to extensive out-of-pocket costs that go beyond what Section B benefits cover, and wrongful death cases are a possibility when there is a fatality.

Personal injury claims can help you recover compensation, and understanding how this works can help you get a better idea of what your claim could be worth.

Financial Losses

These are formally referred to as pecuniary damages. Being injured in any motor vehicle accident can lead to uncovered medical expenses and unexpected costs. Many people often need to take weeks or even months off from work, losing significant amounts of income.

In situations involving serious injuries, it is possible that the victim could be unable to return to work at all or have to take a lower-paying job in a different industry.

Section B benefits through your own insurance policy can cover a portion of this, but there are limits. Medical and rehabilitation expenses, for example, are capped at $50,000 per person, and lost income benefits are capped at 80 per cent of the net income loss or $250 per week, whichever is lower. Truck accidents can result in financial losses far beyond these limits, and a personal injury lawsuit gives you a way to seek compensation for the full amount of your damages.

Nonfinancial Losses

Uncovered medical expenses and lost income often make up a significant portion of a personal injury claim, but it is not all that victims can ask for. The law also allows truck accident victims to seek compensation for nonfinancial losses like pain and suffering. These are called nonpecuniary damages. Nonpecuniary damages can also include emotional distress, a decrease in quality of life, and a reduced ability to participate in hobbies or other activities the victim previously enjoyed.

Nonpecuniary damages can be more challenging to value and prove, but the Amherst personal injury lawyers at our firm can help. We will work to find evidence that supports an accurate value for your nonfinancial damages and present the strongest claim possible.

Should You Accept a Settlement Offer Truck Accident?

When deciding whether to file a personal injury lawsuit, many victims picture going before a judge or jury to present their case. However, very few of these truck accident claims ever make it to trial. The majority are resolved through out-of-court settlements negotiated by the parties’ respective legal teams. Negotiating a settlement can mean a faster resolution to your truck accident injury cases, but it is critical to ensure that you are only accepting a fair offer. That is where our experienced truck accident lawyers come in.

It is common for injury victims to see low initial offers because the insurance company is invested in paying out as little as possible. These offers often come in early, with the hope that the victim will accept that first offer to resolve the truck accident claim quickly.

However, accepting too early can lead to an undervalued truck accident claim because the full extent of the injuries and potential future cost of care may not be fully understood. Working with experienced personal injury lawyers ensures you have someone on your side who knows what a fair settlement offer looks like and can negotiate on your behalf.

Contact Experienced Truck Accident Lawyers

If you have been injured in a truck accident, the team at McKiggan Hebert Lawyers is here to support you. Whether you are trying to figure out if you may have a fault-based claim or you need to evaluate a potential settlement offer, our lawyers can help. Call 902-706-2298 to schedule an appointment.