The Legal Complexities of Suing a Trucking Company in Nova Scotia

Suing a trucking company for a personal injury in Nova Scotia, even with assistance from a Halifax truck accident lawyer, is a more complex legal undertaking than a lawsuit based on a typical car accident.

Both types of cases involve personal injury law, but truck accident cases entail unique legal and procedural hurdles that require specialized knowledge and a strategic approach.

What is involved when injury victims in Nova Scotia seek compensation from trucking companies? For starters, an injury victim’s Nova Scotia truck accident lawyer will need to establish the trucking company’s liability.

Establishing Liability: More Than Just the Driver

In a standard car accident, the focus is on the driver’s negligence. However, a truck accident may involve several potentially liable parties, each with its own duty of care.

A truck accident victim’s case is stronger when the trucking company is named as a defendant, because the legal doctrine of vicarious liability may apply. The doctrine makes employers responsible for the negligent acts of employees, provided the employee was acting within the scope of the job duties at the time of the accident.

Vicarious liability means a trucking company may be liable for a driver’s negligence, such as speeding, distracted driving, or driving while fatigued. Proving the driver was “on the clock” and acting in the course of the job duties may be a lawyer’s most crucial task in these cases.

Can a Trucking Company Have Direct Liability?

Beyond vicarious liability, a plaintiff may also establish a trucking company’s direct liability. Direct liability may arise from several factors, including:

1. Negligent hiring or training: The trucking company failed to vet or train the driver correctly, leading to an accident.

2. Negligent supervision: The trucking company did not adequately monitor the driver’s hours, leading to driver fatigue.

3. Negligent maintenance: The trucking company failed to inspect and maintain the truck and its components adequately, causing a mechanical failure that resulted in the crash.

4. Improper cargo loading: If the cargo was not secured correctly and contributed to the accident, the cargo company responsible for loading the truck could be held liable.

A trucking company may be a large corporation with substantial legal resources. An injury victim’s Halifax truck accident lawyer must be ready to use legal tools like subpoenas to compel the production of accident-related documents.

How Does the Regulatory Landscape Impact Truck Accident Claims?

Trucking is regulated at the federal and provincial levels. Your Nova Scotia truck accident lawyer may use a trucking company’s breach of legal regulations as evidence of statutory negligence.

For example, suppose a driver’s log shows the driver operating the vehicle for longer than the legal limit, and that fatigue caused the accident. This regulatory violation is strong evidence of a breach of the duty of care.

A victim’s lawyer must know the regulations and be able to show how a violation contributed to the accident. Demonstrating how a violation contributed to the accident may require an expert witness who can interpret data from the truck’s black box and other records to prove negligence.

How Does Nova Scotia Law Impact Truck Accident Claims?

A lawsuit in Nova Scotia is governed by laws and procedural rules that introduce further complexities, including:

1. The Limitations of Actions Act sets the deadline for filing a personal injury lawsuit. In Nova Scotia, the deadline is two years from the date the injury is discovered, but in truck accident cases, quick action is imperative.

2. The Civil Procedure Rules govern the lawsuit process in Nova Scotia and dictate how to file claims, how to exchange evidence, and the flow of the process. Following these rules is essential to avoid procedural missteps that could harm a case.

3. Nova Scotia has a cap on pain and suffering awards for minor injuries sustained in truck accidents. Proving an injury is not minor is a point of contention in many cases and may require medical evidence and expert testimony.

The Challenge of Proving Damages

A personal injury lawsuit seeks to compensate a victim for losses, but proving and quantifying damages in a truck accident case is a significant challenge. Damages are either pecuniary or non-pecuniary:

1. Pecuniary: These are quantifiable financial losses, such as lost income (past and future), medical expenses, rehabilitation costs, and other out-of-pocket costs.

2. Non-Pecuniary: These are the non-monetary losses, such as pain and suffering, loss of the enjoyment of life, and emotional distress.

How Will Your Lawyer Prove Your Damages?

In a truck accident, the injuries may be catastrophic, leading to permanent disability, chronic pain, and a significant loss of earning capacity. To prove these damages, you and your Halifax personal injury lawyer may have to assemble a substantial body of evidence, including:

1. Medical records: Detailed reports from doctors, specialists, and therapists are essential to document the extent of your injuries and your long-term prognosis.

2. Expert opinions: Economists, actuaries, and occupational therapists are often needed to calculate the future cost of care and the present value of lost future income.

3. Witness testimony: Testimony from family members and others can illustrate the impact of the injuries on the victim’s daily life, activities, and ability to perform household tasks.

A trucking company may challenge your injury claim and hire its own experts. The process in these cases makes proving damages challenging.

The Role of Negotiation

Trucking companies carry commercial insurance policies with high liability limits. There is a greater pool of money to draw compensation for victims. Still, this greater pool of money gives an insurance company a strong incentive to defend against an injury lawsuit.

Trials rarely resolve truck accident cases. Instead, lawyers settle most personal injury claims through out-of-court negotiations. Still, a victim’s lawyer must prepare to demonstrate a strong case at every stage to compel a fair settlement.

If a truck accident injures you in Nova Scotia, contact McKiggan Hebert Lawyers immediately. You’ll owe no lawyer’s fee until we recover your compensation. Call McKiggan Hebert at 902-706-2298 to schedule your initial legal consultation with no cost or obligation.