Expert Witnesses in Truck Accident Litigation

By Matt Lalande in Trucking Accidents on July 02, 2019

Expert Witnesses in Truck Accident Litigation

What type of  Experts do we need to hire in Trucking Cases?

The only way to maximize the recovery a client’s case is to expose the negligent trucking company’s risk on liability, damages and punitive damages.  In order to prove negligence or punitive damages, our Ontario Trucking Accident Lawyers would typically need to hire experts in the trucking industry to assist a Judge or Jury understand trucking laws and how the accident happened or to assit us in determinng why the trucker that caused your accident should not have been behind the wheel of this 80,000 pound truck on the day that you were hurt.   In order to do so, we tycpially need the assistance of trucking experts – some of which are as follows:

1. Professional Driving Standards Experts

Truck drivers are professional drivers who are held to a higher standard than the general motoring public. Your case may need an expert to determine whether the driver used proper accident avoidance procedure prior to impact. This expert may also be helpful in determining whether the trucking company adequately and properly instructed its drivers regarding accident avoidance and defensive driving.

2. Canadian Motor Carrier Safety Regulations Experts

This expert will determine whether the driver was in violation of any provincial or extra-provincial laws and rgulations at the time of the accident. The expert will focus on the laws that not properly followed by the truck driver and the trucking company.

3. Accident Reconstruction Engineer Experts

This expert will determine how the collision occurred and the speeds of the vehicles involved. The information provided by this expert can be used by a computer animation expert.

4. Computer Animation Experts

This expert will prepare a computer video animation depicting the collision. The animation can be introduced as an exhibit or merely as demonstrative evidence. This expert will rely on the data prepared by the accident reconstruction engineer and possibly an expert report from a licensed surveyor. A computer animation shows the jury how fast the truck driver was going, how careless the truck driver was driving, and most importantly the consequences of being careless with an 80,000 pound vehicle.

5. Sleep Deprivation Experts

This expert will work in conjunction with your other experts to determine whether the truck driver was sleep deprived at the time of the collision. This expert will rely on the log reconstruction, the truck driver’s deposition, and the accident reconstruction to determine whether the driver was fatigued. There is no excuse for a trucking company allowing a truck driver to drive if the trucking company knew or should have known that the driver was fatigued.

6. Illumination/Conspicuity/Human Factors Experts

This expert can be used when a plaintiff is traveling at night and strikes a truck that is negligently blocking a lane of travel. This expert talks about what a reasonable person could see and how a reasonable person would react to this situation.

Have you been involved in a trucking accident in Ontario?

If you or a loved one has been involved in a trucking accident you will no doubt have many questions about who will help support you in the future, who will pay for your lifelong rehabilitation, attendant care, your home modifications and devices you need to help reintegrate into society. If you or a loved on has been involved in a trucking accident, call us today at 905-333-8888 or fill in a contact form and we will get back to you within 24 hours.  We would be please to speak with you, or visit with you, no matter where you are located in Ontario.




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