If you are involved in a trucking accident, your family’s financial and emotional well-being can be deeply affected. In the event of a fatal accident, surviving family members may be entitled to compensation for funeral expenses, loss of financial support, and emotional damages, such as for loss of companionship and guidance. For non-fatal accidents, your compensation can cover emotional distress, pain and suffering, lost income, and future income loss.
A knowledgeable Calgary truck accident lawyer can help by thoroughly investigating the accident circumstances, identifying all potentially liable parties (such as the truck driver or trucking company), and calculating the full extent of damages. They will also negotiate with insurance companies to secure fair compensation and, if necessary, take the case to court. A lawyer’s experience in complex truck accident laws ensures that your family receives the financial support necessary to recover from the effects of the accident.
Types of Serious Truck Accidents
Truck accidents can be devastating, often causing serious injuries or fatalities. Many of these accidents result from negligence by truck drivers or trucking companies. Negligence can come in many forms, from driver error to poorly maintained vehicles.
One of the most common types of truck accidents occurs when a truck rear-ends another vehicle. This can happen when a truck driver fails to maintain a safe following distance or does not react quickly enough to sudden stops in traffic. Trucks need more time and space to stop due to their size and weight, and failing to account for this can lead to serious accidents.
Similarly, a jackknife accident happens when a truck’s trailer swings out to the side, forming a 90-degree angle with the truck’s cab. This often occurs when a driver brakes suddenly, causing the trailer to slide uncontrollably. Jackknife accidents can block multiple lanes of traffic, leading to catastrophic collision
Rollovers are another common type of serious truck accident. When a truck flips onto its side or roof, it can crush other vehicles or create dangerous obstacles. Rollovers often happen when a driver takes a turn too quickly or when the truck is overloaded. Poor vehicle maintenance, like worn-out tires or faulty brakes, can also increase the likelihood of a rollover.
Additionally, large trucks have significant blind spots, and if a truck driver is not careful when changing lanes, they may collide with vehicles in those areas. Truck drivers who fail to check their mirrors properly or signal when changing lanes may cause these types of accidents.
Similarly, tire blowouts can result from improper truck maintenance, such as failing to check tire pressure or replace worn-out tires. When a truck tire blows out at high speeds, the driver can lose control of the vehicle, causing a serious crash.
Finally, when large trucks are not properly secured or parked, they can roll away and crash into other vehicles or objects. This can happen when a driver fails to set the parking brake or when the truck’s braking system fails.
How to Prove a Claim or Lawsuit Arising from a Truck Crash
Proving the elements of a truck accident claim resulting from a truck driver or trucking company’s negligence involves several steps. Whether the accident is fatal or non-fatal, the burden of proof rests on the accident victim (or the estate executor/administrator on behalf of the victim’s family in the case of a fatality) to show that negligence was a factor in the crash. There are four main elements to prove: duty of care, breach of duty, causation, and damages.
The first element is establishing that the truck driver or trucking company had a duty to drive safely and responsibly. Truck drivers are legally required to follow traffic laws, maintain a valid driver’s license, and drive in a manner that does not endanger others. Similarly, trucking companies must ensure that their vehicles are properly maintained and that drivers are adequately trained. This duty of care is not only to other drivers but also to pedestrians and anyone on the road who may potentially be affected.
Next, you must show that the truck driver or the trucking company breached their legal duty of care. A breach can occur in many ways, such as the truck driver speeding, driving under the influence, or failing to obey traffic signs. In the case of a trucking company, negligence may include failing to properly maintain the truck, overloading the vehicle, or hiring an unqualified driver. Evidence to prove this breach can include traffic tickets, witness statements, black box data (if available), or inspection reports showing mechanical issues.
Next, to prove causation, you need to demonstrate that the breach of duty directly caused the accident. This means showing that the driver’s or company’s actions led to the crash and resulted in injuries or fatalities. Expert testimony from accident reconstructionists or medical professionals can be helpful in establishing a clear link between the at-fault party’s actions and the harm suffered.
Finally, you must show that you suffered damages as a result of the accident. In the case of a fatal accident, surviving family members may recover damages for loss of companionship, funeral costs, and loss of future income. Supporting evidence like medical records and police reports can help prove the extent of damages.
By presenting strong evidence for each of these elements, you can build a compelling case for negligence in a truck accident claim or lawsuit.
Available Compensation in a Serious Truck Accident Case
Truck accidents resulting from truck driver or trucking company negligence can be fatal or non-fatal. Compensation in these cases is designed to address the financial, emotional, and physical consequences of the accident – both on the injured accident victim and their family. For fatal truck accidents, the Fatal Accidents Act plays an essential role in determining the available compensation, while non-fatal accidents offer a different range of damages.
Compensation for Fatal Truck Accidents
In cases where the truck accident results in a fatality, surviving family members (through the estate executor or administrator) may pursue a wrongful death claim. The Fatal Accidents Act specifically addresses compensation for these tragic situations. The losses for which the family can pursue compensation include:
- Funeral and Burial Expenses: The family can recover compensation for the cost of the funeral, burial, and other related expenses. These costs can quickly add up, and compensation helps ease the financial burden during a difficult time.
- Loss of Financial Support: If the deceased was the primary financial provider for the family, survivors (such as spouses or children) may receive compensation for the lost income and benefits that the deceased would have contributed to the household. This includes not only income but also contributions to retirement savings or life insurance.
- Loss of Companionship and Guidance: The Fatal Accidents Act also allows surviving family members, including spouses, children, and even parents, to obtain compensation for the emotional loss of companionship, love, affection, and guidance. This is especially important for children who may lose a parent’s emotional support or for a spouse who loses a life partner.
- Loss of Household Services: If the deceased was responsible for vital household services (such as childcare, cleaning, or home maintenance), family members may be compensated for the cost of replacing those services. This can include hiring domestic help or other professionals.
Compensation for Non-Fatal Truck Accidents
When a victim survives a truck accident but suffers significant injuries, they may seek compensation for the following damages:
- Pain and Suffering: Compensation is available for both physical pain and emotional distress resulting from the accident. This includes short-term pain from injuries and long-term suffering if the victim experiences permanent disabilities, chronic pain, or psychological trauma, such as PTSD.
- Lost Income and Future Earnings: If the victim cannot work due to their injuries, they may receive compensation for the income they would have earned had the accident not occurred. If the injuries are permanent or long-lasting, compensation may also cover future loss of earnings, considering how the victim’s ability to earn a living may be affected for years to come.
- Caregiver Expenses: If the victim requires help with daily tasks due to their injuries, compensation can be provided for the cost of hiring a caregiver.
Navigating these claims can be complicated, so seeking legal advice is crucial to ensure that all available compensation is pursued – and that the rights of the accident victim and their family are protected.
How a Lawyer Can Help with a Truck Accident Case Where the Accident Victim is Severely Injured or Killed
A skilled truck accident lawyer plays a critical role in handling cases where the accident victim is severely injured or killed. These types of cases can be complicated due to the size and weight of commercial trucks, multiple parties involved (such as the driver, trucking company, and maintenance providers), and the often devastating consequences for victims and their families. A qualified lawyer can guide the victim or their family through the legal process and work to secure fair compensation.
The first step a skilled lawyer takes is conducting a thorough investigation. Truck accidents often involve multiple factors, including driver error, vehicle maintenance issues, road conditions, or trucking company negligence. A lawyer will gather all necessary evidence, such as police reports, witness statements, traffic camera footage, and accident scene photos. In many cases, the lawyer may also consult experts like accident reconstructionists, who can analyze the crash and determine what caused the accident.
In cases of severe injury or death, the lawyer will also investigate the truck driver’s history, including their driving record and hours of service logs, to check for violations like driving while fatigued or under the influence. The lawyer will also assess whether the trucking company is liable for poor maintenance practices, such as neglecting regular inspections or failing to repair faulty equipment.
One of the challenges in truck accident cases is determining which parties are responsible for the crash. A skilled lawyer will look beyond the driver to identify all potentially liable parties. This may include the trucking company, the manufacturer of the truck or its parts (if a defect played a role), or even third-party maintenance companies. By identifying all liable parties, the lawyer can ensure that the victim or their family receives full compensation for all damages.
A lawyer will also calculate both economic and non-economic damages to ensure that the victim or their family receives a fair settlement. For severely injured victims, this includes lost earnings, pain and suffering, and loss of income potential. In the case of a fatal accident, the lawyer will calculate compensation for funeral and burial expenses, loss of financial support, loss of companionship, and emotional suffering.
Truck accident cases often involve multiple insurance companies, each attempting to limit their liability. A skilled lawyer will deal with these insurance companies on behalf of the victim or their family. They will also ensure that all lost income and other costs are covered and that the insurance company does not offer a lowball settlement. Having an experienced lawyer ensures that the victim’s rights are protected and that they do not settle for less than what they deserve.
If a fair settlement cannot be reached through negotiation, a skilled truck accident lawyer will be prepared to take the case to trial. They will advocate for the victim or their family in court, presenting evidence, questioning witnesses, and making compelling arguments to secure the maximum possible compensation.
A skilled truck accident lawyer provides invaluable assistance to victims or their families, handling complex investigations, identifying responsible parties, calculating damages, negotiating with insurance companies, and representing clients in court. Their legal knowledge and experience ensure that victims receive the compensation they deserve for the pain, suffering, and losses resulting from the trucking accident.
Contact an Experienced Truck Accident Lawyer Today
In both fatal and non-fatal truck accident cases, a skilled Calgary personal injury lawyer can handle the claims-filing and litigation processes and work to maximize recoverable compensation – either through a favourable settlement award or litigation result in court.
