Who Is Responsible for a Truck Accident in Ontario?
You’ll need to prove another party’s negligence to have a successful truck accident claim — by filing a third-party claim, you may have the best chance to prove negligence and obtain payment for your injuries. By definition, someone is negligent when they do not act like someone else would in the same situation, resulting in injury or death. For instance, a truck driver may be considered negligent if they don’t follow the speed limit, where a “normal driver” would have, thus preventing the accident.
Some examples of third parties who could be held responsible for your accident include:
Ontario Trucking Companies
Employers can often be held liable for accidents their drivers cause. Both drivers and trucking companies must abide by the Federal Motor Carrier Safety Administration’s (FMCSA) regulations.
When trucking companies hire unqualified drivers, knowingly put unsafe vehicles on the road, or fail to enforce FMCSA rules, such as required breaks for drivers, they can be held accountable if a crash occurs.
Commercial Vehicle Parts Manufacturers
Faulty parts frequently cause truck accidents. Many parties involved in the supply chain can be held responsible when bad parts lead to a mechanical failure, including designers, manufacturers, and distributors.
Cargo Loaders
Truck accidents can be devastating due to their sheer size and the weight of the materials they haul. Workers who load trucks are responsible for safely securing the cargo so it doesn’t shift or make the vehicle unstable on the road. If cargo loaders fill the truck beyond its limit or improperly secure the load, they can be found negligent for accidents.
Negligent Truck Drivers
In addition to their employers, truck drivers can also act negligently and cause an accident. A truck driver could be held responsible for any of the following unsafe or reckless conduct on the road:
- Impaired driving
- Fatigued or drowsy driving
- Distracted driving
- Speeding
- Failure to yield
How a Truck Accident Attorney Helps Determine Liability
Since several parties could be held accountable for your accident, your truck accident attorney will conduct a thorough investigation into what happened to include all of them in your claim. This could involve hiring an accident reconstructionist to analyze the crash and determine what caused it. Your attorney might also trace a defective part back through its distribution and manufacturing to see where the fault occurred and if other vehicles might be at risk.
If the truck had an event data recorder (black box), your attorney can get a court order to preserve the evidence so the truck driver or employer doesn’t erase it. These valuable pieces of evidence will be gathered by your lawyer and used to support your claim.
Pursuing a Third-Party Liability Claim in Ontario
Since proving liability in a truck accident case can take time, you should call an attorney as soon as possible so they can get started. Once the evidence is collected and you’re ready to file your claim, your attorney will:
- File your truck accident lawsuit and draft necessary legal documents
- Recruit expert testimony to support your case
- Attend court hearings on your behalf
- Negotiate a fair settlement with the third parties and insurance companies
- Take your case to court, if necessary
Not every step is required in every truck accident case. Many cases are settled out of court long before trial — but a lawyer can advocate on your behalf and help ensure you are treated fairly.
Injured in a Truck Accident? Call O&E Injury Lawyers
If you sustained life-altering truck accident injuries and are unsure where to turn for help and support, reach out to an experienced Las Vegas truck accident lawyer at Oronoz & Ericcson Injury Lawyers.
Our attorneys have a record of success with truck accident cases because they know how to determine liability and fight to get clients the maximum compensation possible.
Call (702) 878-2889 or use our online contact form to reach out for a free consultation.