Truck Accident Attorney Commonly Asked Questions: Insights from our Legal Team

Driving with Large Commercial Vehicles on Ontario Highways

If you drive on Ontario’s 400-series highways, you’re familiar with the dangers posed by large commercial vehicles like tractor trailers, dump trucks, and buses. These massive vehicles can cause massive life-changing accidents due to their sheer size, weight, and inherent instability. While most commercial drivers are trained professionals, accidents can still happen when:

• The driver fails to take appropriate care.
• The vehicle is not properly maintained.
• Regulatory standards are not met.

In such cases, smaller vehicles and their occupants are at significant risk of suffering catastrophic accidents. Finding answers to commonly asked questions answers online are often confusing or misleading so the Campisi team compiled the most common questions with our team’s insights below. But first…

Beyond Size, What Are The Unique Risks Trucks Pose To Other Drivers?

Large trucks can easily weigh ten times more than cars, SUVs, or pickup trucks. This disparity in size and weight means:

• Even minor contact from a truck can cause severe damage to smaller vehicles.
• Trucks struggle to stop or slow down quickly, especially at highway speeds.
• Head-on or rear-end collisions often lead to multi-car crashes due to a truck's momentum.
• High winds or rough weather can cause nearby vehicles to lose control from truck turbulence, even without direct contact.
• Sudden lane changes by trucks can force smaller vehicles off the road or into other cars.
• Tire blowouts on trucks are dangerous, creating chaos for surrounding drivers.

Truck accident cases often involve complex liability, requiring victims to prove not only the driver's negligence but also potential faults of the trucking company, manufacturers, or maintenance providers. This demands extensive evidence, like driver logs, maintenance records, and black box data. As a result, these cases are more challenging and carry high stakes, with significant financial implications due to severe injuries and losses. Understanding these factors is essential for protecting one's rights and securing fair compensation.

What to Do After a Truck Accident

Despite your best efforts to take additional care around trucks and other large vehicles, a truck driver’s negligence can create unavoidable collisions. Given the complexities of truck accident cases and the extensive evidence required, it's critical to consult with a truck accident attorney early to build a strong case and navigate the legal intricacies effectively.

We’ve included answers to common questions our legal team receives from those who have been involved in an accident with a truck. We’re happy to answer any specific questions you may have or address your specific scenario. Campisi LLP’s expert team offer a free, no-obligation consultation to discuss your case and start your road to recovery.

Truck Accident Cases & Commonly Asked Questions

• What about my rehabilitation and other accident benefits?

If you have been on the wrong side of a truck accident, you will need peace of mind to focus on your recovery. Our accident benefits team will handle the paperwork, arrange healthcare providers, when necessary, we will fight tirelessly on your behalf with your insurer to make sure you receive the timely treatment, income replacement and other benefits you need to get back to your life.

• How can you tell who is at fault in my case?
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  Determining liability (or fault) in truck accidents requires careful examination of all the facts. Depending on the specific details, multiple parties could be responsible (e.g.: the driver, the trucking company or Crown corporation, the truck or tire manufacturer, the municipal road authority). We painstakingly research and gather the evidence and seek expert opinions to make sure we identify all potential defendants in your lawsuit – giving you the best chance to maximize your settlement or trial award.
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• What are the insurance challenges in a truck accident case?
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  In truck accidents, there are usually several layers of insurance – owner/operator, fleet, excess and umbrella policies, on behalf of the truck, as well as any from multiple lawsuits, road authorities, etc. None of these insurers will be eager to pay more than their share (or anything, in some cases). Because truck accidents tend to cause far greater damage, commercial insurance coverage limits are usually much higher than for passenger vehicles. Partly in recognition of the higher exposure, and partly because they are an obvious target (the playground bully, so to speak), in all but the clearest cases, truck insurers will aggressively defend their drivers. Our founding partner, Joseph Campisi is a professor of Insurance Law at Osgoode Hall Law School. He shares his authoritative expertise to prepare and argue your case.
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• What type of evidence will be critical for my case?
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  Establishing fault in a truck accident lawsuit relies on identification and preservation of the incriminating evidence. All commercial vehicles will be fitted with a crash data recorder or “black box.” The details from these devices vary in quality, and in many cases, loop periodically, so that the previous information is erased. We take steps immediately to acquire and preserve this data and hold the defendant responsible if they destroy or fail to recover it. We also request other valuable evidence including circle check and driver logs, maintenance schedules and repairs promptly, and provide the results to an engineer for analysis. Although it can seem like a good idea to settle your case early, and many insurance companies will offer what seems like a reasonable amount to compensate your injuries, we recommend that you resist until you have all the facts we can provide.
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• How much is my lawsuit worth? Based on your experience, what is the likely range of compensation in my case?
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  Truck accidents often result in more severe injuries and permanent ongoing impairments and losses. At Campisi LLP, we take the time to carefully assess your case, once we have all the evidence of your current and future healthcare and financial needs, your ongoing impairments and challenges, and the pain and suffering you have endured. Only then will we give you our assessment of your potential compensation, based on our excellent track record of success at trial and in settlement negotiations. Initially, we can “ballpark” your possible settlement range, but each case is unique. The same injuries can have drastically different outcomes for two injury victims. One might recover fully and return to work; the other might never work again. We promise to keep you fully informed and give you realistic advice your can trust.
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• How often do your truck accident cases go to trial?
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  In Ontario, the overwhelming majority of accident lawsuits DO NOT go to trial. Trial is usually only required when the two sides cannot agree on who was at fault for the accident, or the defendant does not think the victim’s claims for damages are valid. The complexity of truck accident claims also makes it challenging to settle them advantageously with competing interests (several insurers on the hook, multiple victims…). At Campisi, we are backed by our excellent trial record and history of resolute advocacy for our clients. When we start settlement negotiations, our opponents know we will take your case to trial and win, unless they come to the table in good faith.
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• Why choose Campisi LLP for truck accident cases?
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  We have successfully represented victims of serious truck accidents in dozens of lawsuits. These claims are complex, often involving multiple defendants (owners, operators, corporations, insurers).. In multi-car crashes, the various lawsuits might need to be coordinated and heard together. Our expertise in navigating insurance and regulatory frameworks is key to maximizing your settlement or trial award.