If you are a truck driver who has been involved in an accident or you are an individual that has been involved in an accident involving a truck, it is important to know your rights. In Ontario, if you are at-fault for the accident and have sustained serious injuries you are entitled to pursue an accident benefits claim. However, if you are not deemed at-fault for the accident, you are eligible to pursue an accident benefits claim and a tort claim. Although there are numerous factors involved in determine your eligibility to either an accident benefits claim or a tort claim, it is ultimately important to speak with a personal injury lawyer to know about your legal rights and options.
In Ontario if you or a loved one has been involved in truck accident or involved in an accident with a truck, you are entitled to claim accident benefits, which include:
- Medical and rehabilitation expenses
- Income replacement benefit
- Non-earner benefit
- Housekeeping benefit
- Attendant care benefit
- Caregiver benefit
To obtain these benefits, it is important for you to understand that applying for the entitlement of these benefits is time-sensitive. Call Azimi Law, and we will help you navigate through the complex and overwhelming process and help put your mind at ease.
Other available compensation might include a tort claim (lawsuit) filed against the driver if who was determined to be at fault for the accident. A tort claim can recover damages for pain and suffering, lost income, short- and long-term medical care, and out-of-pocket expenses like housekeeping.
First, a full investigation of the accident will need to be done to determine who was at fault. Investigation factors that are considered are;
- Distracted Driving – Whether a Trucker was distracted by their cell phone, their food, or something else that took their eyes off the road.
- Driver Intoxication – Whether the trucker was under the influence of alcohol or drugs.
- Unsecured Cargo – If a trucker`s freight isn’t adequatelytied down or if the trailer’s doors aren’t properly closed, the load can fall right into oncoming traffic.
- Hazardous Cargo – If a trucker knows that the cargo they are carrying is dangerous, they will not take the necessary precautions to ensure safe transportation.
In Ontario, those who have been injured as a result of a motor vehicle accident, have the right to sue the at-fault driver within 2 years of the accident. A Tort claim is a lawsuit, and those injured are able to claim damages and compensation for pain and suffering, future care, and economic losses. Also, family members of those injured also have the right sue the at-fault party for damages under the Family Law Act.
Many inquire as to how much their car accident case is worth, however, the value of a car accident case is dependent on a number of factors and generally include the following:
- The extent and severity of injuries sustained by victims
- The size and type of insurance policy held by both the defendant and plaintiff
- Liability; and
- The significant and severity of damage to property
Contact Azimi Law for a free no obligation consultation.