Have you been injured in a truck accident in Windsor that was caused by a negligent driver?
If so, you may be eligible to pursue compensation to help cover medical expenses, lost wages, pain and suffering, among other damages.
For more than 35 years, Greg Monforton & Partners have been fighting for the rights of injury victims throughout Ontario, recovering millions in settlements and verdicts for our clients. This includes $1,037,913 million for a victim who suffered head trauma after being hit by a truck that ran a stop sign.
Our founding partner Greg Monforton has previously served as president of the Ontario Trial Lawyers Association and has been recognized in the Best Lawyers in Canada every year since 2006.
Learn more about your legal options by requesting a free consultation with a Windsor truck accident lawyer from our firm. We are ready to answer your legal questions and determine whether you may have a valid case. There is no obligation to hire us. We only get paid if we help you get compensated.
Call (866) 320-4770 or contact us online 24/7.
Do I Have a Valid Case?
This will be difficult to determine unless we get a better understanding of all the circumstances involved in the crash. Truck accidents can be complex and take longer to properly investigate.
This is why we encourage you to consult with an experienced lawyer. He or she could help determine if the truck driver or another party was negligent and whether this carelessness caused or contributed to the accident and your injuries. Our firm has decades of experience proving negligence in these cases.
Four elements of negligence must be established to pursue compensation:
- The at-fault party owed you a duty of care to reasonably avoid harming you
- The at-fault party breached this duty by not acting in a reasonable manner
- The at-fault party’s carelessness or failure to act directly caused your injuries
- You suffered actual damages, such as medical bills/receipts or lost wages
If you have a case, we are ready to protect your rights and best interests throughout the legal process.
Free Initial Consultations. No Upfront Fees. Ph: (866) 320-4770.
Benefits of Seeking Legal Representation
It is known that injury victims who seek legal representation often receive significantly higher settlement awards than those who try to pursue a claim on their own.
Our Windsor truck accident lawyers are prepared to take cases involving various types of large trucks and commercial vehicles, such as:
- 18 wheelers
- Postal trucks
- Package trucks
- Fire trucks
- Tow trucks
- Recreational vehicles
- Tank trucks
- Currency transporters
- Garbage trucks
- Dump trucks
- Cement trucks
- Log carriers
- Crane trucks
- Semi-trailer trucks
- Heavy haulers
- Box trucks
We understand the complications and complexities associated with being involved in an accident with commercial vehicles and know what it takes to build a strong case for compensation. This includes:
- Reconstructing the accident scene
- Obtaining information from all parties involved
- Reviewing police and/or accident reports filed
- Analyzing photographs and video of the crash
- Calling and following-up with eyewitnesses
- Using expert testimony to validate your claim
Our lawyers are also familiar with the tactics insurance companies may try to use to prolong, devalue or altogether denied claims. If a fair settlement cannot be reach during negotiations, we are ready to go to court, if it is necessary. We look forward to fighting for maximum compensation on your behalf.
Damages Available After a Truck Accident
The damages that can be pursued after a truck accident will vary from one case to the next. Our legal team needs to review the extent of your injuries, medical treatment acquired and your recovery time.
Generally, some of the damages you may be eligible to pursue include:
- All reasonable and necessary medical expenses
- Emergency care, including ambulance services
- Loss of income if unable to work due to your injuries
- Property damage, including car repairs or replacement
- Pain and suffering experienced, both physical and mental
Learn more about the value of a truck accident claim from our blog.
How Much Time Do I Have to File a Claim?
In Ontario, the basic limitation period is two years. This means you typically have two years from the date of the accident to file a claim. However, every single truck accident is different from the next.
This deadline may be extended if the injuries are not immediately apparent to the victim, the victim is a minor at the time of the crash, or the victim is physically, mentally or psychologically unable to begin legal proceedings. Otherwise, failing to file within the deadline will likely result in a court dismissal.
Who May Be Liable for My Injuries?
After a truck accident, multiple parties may share liability for any injuries and damages you suffered. This includes the following:
- Truck driver – The truck driver could be held responsible for speeding, tailgating, or driving while drowsy, distracted, or under the influence of drugs or alcohol, among other driver errors.
- Truck owner – Truck owners are responsible for inspections and maintenance. If there was an existing hazard, such as worn tires, which was not fixed, the owner could be liable for a crash.
- Owner of the trailer – The owner of a trailer could also be held legally liable if there was a known defect and it caused or contributed to an accident that resulted in losses.
- Trucking company – Trucking companies are responsible for training and hiring qualified drivers and making sure their trucks are in good working order. If not, they could be held liable.
- Truck manufacturer – Manufacturers of trucks could be held responsible for an accident caused by a defective part. This could include tires, brake systems and steering mechanisms.
- Cargo-loading company – The company responsible for the loading cargo could be liable for any balance issues resulting from overloading the truck and causing an accident.
Our licensed Windsor truck accident lawyers at Greg Monforton & Partners have experience bringing claims against negligent individuals or entities and their insurers.
Complete our Free Case Evaluation form to get started.
Commercial Vehicle Regulations Often Violated
There are certain regulations that commercial truck drivers must adhere to. In Ontario, many of these trucks require the driver to possess a specific class of license in order to operate these vehicles. These classes assure the operator of the vehicle has the proper knowledge and experience to safely drive these vehicles on Ontario roadways and highways. Failure to do so puts everyone on the road in danger.
Some common violations that result in crashes include:
Due to the fact that truck drivers are required to work long hours in order to meet delivery deadlines, they are put at an increased chance of becoming fatigued while driving. Thus, their chances of becoming involved in an accident increase substantially.
This is why Canada has hours-of-service rules that limit the amount of time that commercial truck drivers spend behind the wheel before resting or taking a break. For example, truck drivers cannot drive for more than 13 hours in a day or after 14 hours on-duty in a day. There must also be a total elapsed time of at least eight consecutive hours between two shifts.
Transport Canada is responsible for transportation policies and the safety of commercial vehicles. However, it has no jurisdiction over the inspection of these vehicles. Under the National Safety Code (NSC), carriers must ensure that their commercial vehicles meet certain maintenance and performance standards. This includes undergoing regular, scheduled maintenance checks.
Failing to properly inspect and maintain a commercial vehicle can have catastrophic consequences if the vehicle or a part malfunctions and causes an accident. A Windsor truck accident lawyer from our firm is ready to gather maintenance and inspection records to determine whether poor maintenance contributed to the crash.
Weight and Size Restrictions
In Canada, weight restrictions are set by each province. Canadian provinces generally govern the weight of commercial vehicles based on the number of axles, the size of the tires, among other configurations. The maximum weight is determined in combination with these factors. There is no national weight limit.
Commercial vehicles are also restricted to a limit of 2.6 metres (8.5 ft) in width unless it utilizes specialized equipment, such as removing snow. No combination of vehicles can exceed over 23 metres (75.5 ft) in length, except double-trailer combinations that meet special requirements for both trailers and tractors. The height limit for all vehicles including their loads is 14.5 metres (13.6 ft).
When a truck exceeds the legal size and weight limits, it can significantly impact the truck’s driving ability, increasing the risk of breaking an axle, tipping over or cargo falling out and hitting other vehicles.
Why Truck Accidents Happen
Truck accidents most often happen due to negligence, such as:
- Distracted driving
- Overloaded trailers
- Distracted driving
- Driving under the influence
- Unsecured loads
- Following too closely
- Disobeying traffic signs and signals
- Driver fatigue
- Poor maintenance
This negligent behavior can cause serious injuries and damages resulting from:
- Jackknife accidents
- Rollover accidents
- Runaway trailer accidents
- Tire blowout accidents
- Under-ride accidents
- Rear-end collisions
- Head-on collisions
- T-bone accidents
- Lost load accidents
- Blind spot accidents
If you have been injured in a truck accident, it is advised to seek immediate medical attention even if there are no visible injuries, oftentimes the non-visible injuries may be the most dangerous.
Contact Our Experienced Windsor Truck Accident Lawyers
Truck accidents can leave victims overwhelmed and unsure of their next steps. At Greg Monforton and Partners, our Windsor truck accident lawyers are here to help determine whether you may be eligible to file a claim for compensation. We have obtained $300 million in compensation for our clients.
Our lawyers are licensed to serve the entire Province of Ontario and proudly serve injury victims in:
…. among many others.
Schedule a free, no-obligation consultation today to see how we may be able to help. We work on a contingency fee basis, which means we will not charge you unless we win a verdict or settlement on your behalf.
Our office in Windsor is located within walking distance from the Ontario Superior Court of Justice.
Greg Monforton & Partners. Fighting for the Injured. Ph: (866) 320-4770.