Truck Accident Lawyer in Truro

Navigating Complex Personal Injury Claims

Truro is a key transportation hub in Nova Scotia, situated in the middle of the province along the Trans-Canada Highway and business Highway 102 to Halifax. This makes it a popular route for commercial trucks and other long-haul vehicles. While the majority of trucks reach their destinations without issue, accidents can occur. When they do occur, truck accidents often result in more serious injuries and greater damage than regular car accidents.

Truck accidents are also often more complex than car accidents, sometimes involving multiple liable parties and the insurance companies and legal teams for the trucking company. If you have been injured in an accident involving a tractor-trailer or other large commercial vehicle, you need a personal injury lawyer who has experience with these types of claims. At McKiggan Hebert Lawyers, we are here to explain your options and provide legal guidance as you move forward. Call 902-706-2298 to set up an initial consultation.

How Do Truck Accidents Happen?

After a truck accident, it is up to investigators to determine how the crash occurred and what contributing factors were involved. It is typical for these situations to involve a combination of factors, and understanding the most common causes of truck accidents can help you determine what may have played a role in the crash and who could be held liable.

Distracted or Unsafe Driving

If you have ever felt nervous passing or driving beside a tractor-trailer, you are not alone. The size and weight of these trucks, compared to traditional passenger vehicles, can be intimidating, and their larger size makes them harder to manoeuver and requires truck drivers to remain focused at all times. A driver who is distracted by a cell phone, GPS, or other in-vehicle technology can pose a risk to other drivers.

Commercial trucks also require more time to stop and longer stopping distances, which can be a significant factor in an accident, especially if the driver was speeding. Truck drivers in a hurry to reach their destination may also engage in unsafe driving behaviours, such as making tight lane changes or following the vehicle ahead too closely.

Driver Impairment and Fatigue

It is imperative for the safety of everyone on the road that truck drivers be 100 percent focused on operating their vehicles. When a driver is impaired or tired, it can lead to slower reaction times and poor decision-making. While an at-fault driver can be under the influence of alcohol or drugs, it is more common for commercial drivers to be driving while fatigued.

Truck drivers are on the road for hours at a time every day by themselves. This can lead to fatigue, and drivers may not even be aware of how tired they are or how it is impacting their ability to drive. Canadian truck drivers must follow federal hours of service rules, which limit how many hours a truck driver can drive in a day and how much time off they must have between shifts. However, trucking companies sometimes encourage drivers to push beyond these limits to ensure cargo gets delivered on time.

Overloaded or Unbalanced Cargo

Large trucks pose a higher rollover risk and can easily start swerving out of control if they are improperly loaded. Ensuring that cargo is balanced, evenly distributed, and of appropriate weight is critical to preventing accidents.

In many cases, the driver is not the one loading the truck and instead relies on third parties, such as shipping companies or warehouse employees, to ensure the truck is properly loaded. If cargo-related issues were a contributing factor in a truck accident, one of these third parties could share liability.

What Evidence Can Be Used to Prove Negligence After a Truck Accident?

Truck accident cases often involve a lot of documentation and evidence because there are additional relevant records available, such as driving logs and black box data. The technology on these trucks, including electronic logging devices and GPS tracking systems, stores a wealth of information. This stored data can be crucial for understanding the events before, during, and after a collision.

For example, these logs may show how long the driver had been on the road, which can identify if there was an hours of service violation. The data may also provide information such as how fast the truck was moving and whether the driver put on their brakes in an effort to avoid a crash. However, many of these records are under the control of the trucking company, which can make them more challenging to recover. It is important to act quickly to ensure that key evidence is identified and preserved, and lawyers can help with this process.

The accident scene itself can also offer important information. Responding officers will generally take pictures of the position of the vehicles and any damage before moving them to document the scene. There may also be photo or video evidence related to the road conditions, tire marks, or debris patterns. All of this information can help determine what caused the accident and who is at fault. Accident reconstruction experts can often use this data to create a computer model of what happened, which can be very helpful when you’re pursuing a legal claim.

Other evidence that could be important for your truck accident case includes witness statements from other drivers who saw the crash, vehicle maintenance records, and company handbooks that document hiring and training policies. Statements from medical professionals can also help prove the extent of catastrophic injuries. When you work with a personal injury lawyer, they will walk you through the potential evidence for your case and help you identify any missing pieces that could strengthen your claim.

Should You Accept a Settlement From the Insurance Company?

After a motor vehicle accident, many victims are surprised to find that the insurance company is quick to offer a settlement. While this may seem like a good thing, it is often a tactic to try to get you to accept an initial offer that is well below what your claim is worth. Once you accept a settlement offer, you generally forfeit your right to recover compensation later on.

Insurance companies may also try to get in early offers before the full extent of your physical injuries and recovery is known. This can result in potentially losing out on thousands of dollars if you end up needing long-term medical care or have a permanently diminished earning capacity. These factors take time to determine, especially if there are severe injuries like traumatic brain injuries or psychological injuries, and settling too soon can backfire.

However, this does not mean that you should not settle at all. The majority of truck accident cases are settled out of court, and agreeing on an offer can save you time in court and help you get the money you need more quickly. Our firm offers legal representation to injury victims after severe accidents, including those involving large commercial trucks, and part of that representation is reviewing potential offers and helping you negotiate a settlement. If a fair settlement agreement can’t be reached, we are prepared to take your case to trial.

Contact Our Experienced Truck Accident Lawyers Today

Collisions involving commercial trucks often involve severe accidents, and the aftermath can be overwhelming. Serious injuries, uncovered medical expenses, and the emotional upheaval can make it difficult to determine the right path forward. When you work with the personal injury lawyers at McKiggan Hebert Lawyers, we guide you through each step, whether that is understanding how to file for Section B benefits or pursuing a fault-based claim against the truck driver or trucking company.

We want you to have the time you need to heal and recover, and that is why we take care of the legal legwork for you. We can communicate with the insurance companies, collect and preserve evidence related to your case, and ensure that all filings and responses are done promptly. When you have an experienced lawyer on your side, you do not have to worry about accepting an early settlement offer that does not reflect your total losses or wonder whether it is okay to give the insurance company a statement. We will walk you through each step and answer any questions you have along the way.

Following a truck accident that has caused you injury, it is crucial that you seek support and do not navigate the legal process by yourself. Contact our personal injury law firm at 902-706-2298 to schedule a free consultation with a member of our legal team. We will review your case to determine if you have a claim and discuss next steps.