When You’re Injured: Who is Liable in a Truck Accident?

June 26th, 2024
Jaipreet Nanra
Barrister, Solicitor & Notary Public

If you are injured in an accident because of a truck collision, determining who is liable is crucial for securing fair compensation. Like all vehicle-related accidents, the complexity of trucking accidents often involves multiple parties, making it essential to seek experienced legal assistance.

Are you Injured Because of a Truck Accident?

One of the most important pieces of any investigation is a police report. So, if it is safe, and you are able to, you should call 9-1-1 immediately to report the accident.

Once you contact Gosai Law, we can walk you through the most critical steps for anyone involved in an accident and advise you on your unique case. Being proactive after the accident gives our lawyers more time, resources, and information to help protect you and your rights.

Steps to Take After a Truck Accident

Here is a short overview of the steps you should take after a truck accident. As all motor vehicle accidents require the same steps, please visit our popular article What to Do After a Car Accident: 12 Helpful Steps for the comprehensive list.

  1. Seek Medical Attention: Immediate medical attention is vital for your health and to document your injuries. Even if you feel fine, some injuries manifest later, and having medical records is essential for your claim.
  2. Document the Scene: If possible, take photographs of the accident scene, including license plates, vehicle damage, skid marks, road conditions, and any visible injuries. Collect contact information from witnesses and the truck driver.
  3. Report the Accident: File a police report. Ensure all details are accurate as this report will be a critical piece of evidence.
  4. Notify your Insurer: In Ontario, Statutory Accident Benefit claims provide compensation, regardless of who is at fault for the accident. You are required to report the accident immediately within 7 days after the accident. Once the insurance provider has been put on notice, the claimant must then submit an application for benefits within 30 days of receiving the application forms.
  5. Avoid Making Statements: Be cautious about what you say to insurance adjusters or other parties. Do not admit fault or downplay your injuries. Insurance companies might use your statements against you.
  6. Consult a Personal Injury Lawyer: Truck accidents are legally complex. Consulting with a skilled personal injury lawyer at Gosai Law who has experience in trucking accidents is essential. They will help investigate the accident, identify all liable parties, and handle communications with insurance companies.

Potential Liable Parties in a Truck Accident

Liability is determined when one party is found at fault for the accident that resulted in an injured party or parties. Therefore, liability is only applicable to clients with tort claims.

Unlike Accident Benefits, where it does not matter who was at fault for the accident, the injured party in this case is eligible for a tort claim, where liability is established.

A tort claim involves a legal process to obtain compensation from the at-fault party for pain, suffering, and other damages. Read more tort claims in the article: What is a Tort Claim and What to Expect.

As a personal injury law firm, we determine liability in a truck accident by conducting a thorough investigation. This process includes reviewing police reports, analyzing accident scene photos, and examining traffic camera footage. We will also interview witnesses who were on the scene when the collision occurred. We may also scrutinize the truck driver’s logs, maintenance records, and compliance with federal regulations to identify any violations or negligence.

It is crucial to gather medical records of the injured parties to help understand the extent of injuries and the impact on your life. By compiling this evidence, we build a case to demonstrate the truck driver’s liability and pursue appropriate compensation for the victims.

Gosai Law Fights For You

We understand the intricacies of trucking accident cases and are dedicated to securing the compensation you deserve. We handle all aspects of your case, from thorough investigations to vigorous representation in negotiations or court.

Understanding who is liable in a truck accident and taking the right steps afterward can significantly impact the outcome of your claim. With our professional legal support, we can navigate the complexities of your case so you can focus on your recovery.

Contact us for a free consultation to discuss your case and understand your legal options.

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