Dartmouth Truck Accident Lawyer

Representing Truck Accident Victims in the Halifax and Dartmouth Area

Canada largely relies on the commercial trucking industry to transport goods in and between provinces. While these vehicles play a key role in keeping Nova Scotia’s supply chain running smoothly, an accident between a tractor-trailer and a passenger vehicle, cyclist or pedestrian can have devastating consequences. Trucks must share the same roadways with local commuters and interprovincial travellers, and even a few seconds of distracted driving can cause an accident.

If you or someone you love has suffered serious injuries after a motor vehicle collision involving a commercial truck, you need to be aware of your rights and options for seeking compensation. At McKiggan Hebert Lawyers, our goal is to ensure you have a legal advocate who can represent your interests during negotiations with the insurance company or in court, if necessary. Call 902-706-2298 to set up a consultation with a member of our legal team.

What Happens After a Truck Accident?

The days and weeks after a truck accident occur can feel like a blur, but there are important milestones that happen during this time that can affect the outcome of your claim. Knowing what to expect can help you prepare for each step.

The first few days after the accident are generally focused on treating your injuries and recovering. If you have catastrophic injuries that require ongoing hospitalisation, this may take several weeks. During this time, you may also hear from the insurance companies. They will often try to get a statement from you as quickly as possible and may even try to offer an early settlement.

It’s important to avoid giving a statement or signing any paperwork until you can talk to a lawyer and have been cleared by your medical team. Medications can impact your ability to think and make decisions, and it’s critical to have a full understanding of your injuries before accepting a settlement.

Once your medical condition has stabilised, you may need continued treatments, such as physiotherapy. Documenting this process by keeping copies of records and receipts, and writing down how you feel and the effects your injuries are having on your daily life, can provide important information for a claim or lawsuit later on. After you have a better idea of how the accident affected you physically and emotionally and the financial impact, a lawyer can help you determine if a fault-based claim or personal injury lawsuit is an option.

Can You File a Fault-Based Claim?

Most people are familiar with Nova Scotia’s no-fault insurance benefits known as Section B benefits. When you are injured in a motor vehicle accident, you can file a claim with your own insurance policy to get up to $50,000 in reimbursements for medical and rehabilitation costs and partial income support. However, many people aren’t aware that fault-based legal claims are also an option for those wanting to seek compensation for their losses. There are two fault-based options: insurance claims against the at-fault driver’s policy and personal injury claims in the civil court system.

Fault-based insurance claims can help you recover full compensation for your medical expenses and other injury-related costs, as well as nonpecuniary damages that aren’t covered by Section B benefits. In a truck accident, claims could be either against the truck driver’s policy or the employer’s policy. Owner-operators often carry their own auto insurance, but drivers who are employed by a larger trucking company and drive trucks owned by that company are generally covered under the employer’s insurance.

When a negotiated settlement with the insurer is not reached, victims can start a personal injury lawsuit in the civil courts. This often happens when there are disputes over liability or causation and a reasonable settlement can’t be reached, or when there are catastrophic damages. A wrongful death suit may also be an option if someone has died.

What Are Some of the Common Challenges With Truck Accident Claims?

Truck accident claims are often more complicated than standard accidents, and understanding the potential challenges can help you be proactive as you move through your case. A lawyer can walk you through these situations and what specific steps you may need to take.

Determining Liability

Because truck accidents often involve multiple parties, determining liability can be a challenge. The truck driver and trucking company are both likely to be involved, and there may be additional drivers if the crash included multiple other vehicles. In some situations, the at-fault party may also be a cargo loader or maintenance technician if the accident was caused by shifting cargo or a mechanical failure.

The legal process of determining liability can be complex, especially when there are multiple factors at play. For example, truck driver fatigue may have been one factor, and another could be that the other driver was speeding. Working with a lawyer can help you understand how liability is determined and shared and how that may affect your compensation.

Obtaining Evidence

Truck accidents are unique in that there is often more evidence of what happened before and during the crash due to the electronic logging systems and black box data. However, the trucking company often controls these records, and if you don’t act quickly, it’s possible that they could be automatically destroyed. A lawyer can identify what evidence may be relevant and take steps to secure electronic records, driving logs, and maintenance documents.

Valuing the Long-Term Impact of Your Injuries

Truck accidents can lead to life-changing injuries, such as traumatic brain injuries and spinal cord injuries. Severe physical injuries often require ongoing medical care, have longer recovery times, and may result in permanent disability.

Before you move forward with a claim or consider a settlement offer, it’s critical to have a full understanding of what care you may need in the future and how your injuries will impact your finances long term. It’s also important to consider your pain and suffering and other nonfinancial damages when determining what your claim is worth.

Talk to an Experienced Truck Accident Lawyer at Our Personal Injury Law Firm

Recovering from a truck accident isn’t just about physically healing from your injuries. There are also emotional and psychological effects and financial losses that can continue to impact your daily life for months or even years to come. If the accident was caused by an at-fault truck driver or other responsible party, you may be able to pursue financial compensation through a fault-based insurance claim or a civil lawsuit. Understanding your options and the benefits and drawbacks of each starts by talking with our experienced car accident lawyers.

At McKiggan Hebert Lawyers, our Dartmouth car accident lawyers are dedicated to doing everything we can to help our clients get the compensation they need to move forward with their lives. We start by helping you make sense of what happened and identifying whether you may have a truck accident claim. If so, we’ll start by determining who could be liable for your injuries and damages and communicating with insurance companies and any other involved parties on your behalf. 

When you work with our firm, we handle the legal side so you can focus on healing. Learn more about our process and how we can help by calling 902-706-2298 for a free consultation.