Frequently Asked Questions for Individuals Injured in a Transport Truck Collision in Ontario 

• 
  Catherine Shearer
  Partner

1. Q: What should I do immediately after a transport truck collision?  

A: After a transport truck collision, prioritize your safety and the safety of others involved. Seek medical attention promptly. If possible, exchange information with the truck driver and any witnesses. Contact law enforcement to report the incident. Document the scene, take photos, and gather relevant details. In many instances you will not be able to  do that yourself.  That is okay.   The police will collect all of this information when there is a serious collision.  

2. Q: How can I obtain medical care after the collision?  

A: Seek medical attention immediately. Call for an ambulance if necessary. Follow medical advice and attend all appointments. Inform healthcare providers about the collision and your injuries.

Ensure you apply for Accident Benefits which will help cover the costs of treatment and potentially provide you with an income replacement benefit if you are unable to return to work. Accident benefits applications have strict time limits. You have 7 days to notify your insurer or the responsible insurer if you do not have insurance and 30 days to get your completed application to the insurer. A lawyer can assist you with completing the application process.  

3. Q: Should I speak to the trucking company’s insurance adjuster without legal representation?

A: It’s advisable not to communicate with insurance adjusters without consulting a personal injury lawyer. Insurance companies may try to minimize compensation, so having legal representation ensures your rights are protected and you receive fair compensation. 

4. Q: How do I choose the right personal injury lawyer?  

A: Research and select a lawyer experienced in handling truck collision cases. Look for a professional with a successful track record, knowledge of Ontario laws, and strong negotiation skills. Consultations are often free, allowing you to assess compatibility and discuss the specifics of your case.  

5. Q: What damages can I claim after a transport truck collision?  

A: You may be eligible for various damages, including medical expenses, rehabilitation costs, lost wages, pain and suffering, and housekeeping and home maintenance.  Your lawyer will assess your case to determine the applicable damages. 

6. Q: Is there a time limit for filing a personal injury claim in Ontario?   

A: Yes, Ontario has a statute of limitations for personal injury claims. It’s crucial to file your claim within the specified timeframe, typically two years from the date of the collision. Consult with a lawyer promptly to avoid missing this deadline.  

7. Q: Can I still pursue a claim if I was partially at fault for the collision?

A: In Ontario, a contributory negligence system is in place. You may still be eligible for compensation even if partially at fault. Your settlement may be adjusted based on the degree of fault assigned. 

8. Q: How long does it typically take to settle a personal injury claim involving a truck collision?

A: The duration varies depending on the complexity of the case. Some cases settle relatively quickly, while others may take longer. Your lawyer can provide a more accurate estimate based on the specific details of your situation. 

9. Q: What if the truck driver was operating under the influence of alcohol or drugs?

A: If the truck driver was impaired, it could significantly impact the case. Notify your lawyer immediately, as this information may strengthen your claim and result in additional punitive damages. 

10. Q: What steps should I take to protect my rights and strengthen my case?

A: Consult with a personal injury lawyer promptly, document all relevant information, gather witness statements, keep a detailed record of medical treatments, and follow your lawyer’s advice throughout the legal process. Your lawyer will guide you on the best course of action to protect your rights and build a strong case. 

Remember, the information provided here is general in nature, and consulting with a personal injury lawyer for advice tailored to your specific situation is essential. 

Conclusion 

This article was written by Personal Injury Lawyer, Catherine Shearer. For additional information, please do not hesitate to contact her at catherine.shearer@mckenzielake.com or visit her Instagram page @guelphinjurylawyer. 

If you require assistance with any Personal Injury matter, speak to a Personal Injury Lawyer at McKenzie Lake Lawyers LLP by calling 519-672-5666 or Catherine Shearer at 226-203-1243.