Hamilton trucking accident lawyer Matt Lalande is recognized province-wide as a leader in truck accident law. Our law firm is experienced in handling truck accident cases and has recovered millions in Ontario trucking accident settlements and verdicts since 2003.
When it comes to trucks, drivers and safety directors have one critical task—they must be safe. 80,000-pound trucks are dangerous if misused, unsafe, or carelessly driven. Tractor-trailers share the roads with smaller folks such as pedestrians, bicyclists, motorcyclists, cars, pickup trucks, and minivans, and when accidents do happen, they are always devastating for the victims.
If you’ve been hit by a large truck, it’s best to place your case in the hands of an experienced Hamilton trucking accident lawyer. Large commercial trucks account for a disproportionate percentage of the injuries and deaths occurring on Canadian roadways. The average highway in Canada has about 1100 trucks travelling daily. In Ontario specifically, the number goes up significantly. The average kilometre of highway has about 2300 trucks a day, with 10,000 in Southern Ontario and up to 40,000 near Toronto.
Common trucking accidents include big rigs, 18-wheelers, tractor-trailers, and commercial vehicles. When they occur, these accidents often cause very serious injuries to those involved and, in some instances, result in fatalities.
A trucking accident can be complex and challenging to handle. You must retain an experienced Hamilton trucking accident lawyer to handle your case for the best chance at a favourable outcome. In Ontario, large truck collisions can represent approximately 19% of road fatalities, with large trucks involved in up to 1000 cases or more.
Our Hamilton truck accident lawyers have been helping trucking accident victims who have suffered serious injuries since 2003. We have the experience to assist victims involved in truck accidents with large trucks, cargo trucks, courier trucks, courier vans, cargo trucks, large buses, commercial buses, 18-wheelers, big rigs, semi-trucks, tractor-trailers, delivery vans and fuel trucks.
Our Hamilton trucking accident lawyers cannot undo devastating accidents, but we can help you restore your life to its previous quality or make it as close as possible. Often, victims involved in commercial truck accidents are so badly hurt that they suffer permanent disability and pain for the rest of their lives.
It’s not uncommon for trucking accident victims to suffer from paralysis and other very serious personal injuries. For this reason, such individuals are likely entitled to compensation to assist with medical expenses, lost wages, pain, suffering, and more. Contact our Hamilton trucking accident lawyers for more information on your rights and options.
It’s also common for victims to require funding for their lifetime care for such things as long-term rehabilitation, physical therapy, occupational therapy, vocational retraining, psychological therapy, etc. If you have been involved in a trucking accident, you must hire the right lawyer with specialized knowledge of trucking accident compensation.
The long-term effects of catastrophic injuries and the associated economic damages will need to be paid to you and your family to ensure current and future financial security.
Canada’s road network spans over a million kilometres, and at any given time of day, we share the road with over a million trucks, commercial trucks, tractor-trailers, transport trucks, and trailers. Our highways are filled with 18-wheelers that pose a threat to innocent motorists on the road.
Unfortunately, these dangerous vehicles are often poorly maintained and driven by tired truckers. Their victims are usually oblivious to the danger of the 80,000 pounds that could careen into their vehicle at any given moment.
Commercial trucks vary in size and proportion. For example, a semi-truck or tractor-trailer (semi = made up of 2+ parts) can extend up to approximately 70 feet long, allowing it to block any size Canadian highway if it is jackknifed.
The semi-truck usually comprises a cab (standard or sleeper), which can be about 20 feet long. A standard trailer is 50 to 53 feet long, while double or pup trailers are usually about 28 feet long. Shipping containers (intermodal containers) can be 20 or 40 feet.
Other types of trailers, such as tanker trailers or flatbed trailers, vary in length. Semi-trucks travelling at highway speed limits in Ontario can take between 350 and 400 feet to stop, depending on the load and size of the truck. Some trucks in Ontario are mandated to have speed limiters, which adds a certain degree of safety, but the truck still needs considerable time to stop.
When a commercial truck collides with even the largest truck on the road, for example – the Ford F-250 Super Duty, which weighs a whopping 8587 lbs., the outcome can be devastating. No regular vehicle on the road stands a chance in a collision with a loaded tractor-trailer.
In the cases seen by our Hamilton trucking accident lawyers, many motorists involved in truck accidents do not survive. Truck accidents are more likely to result in death or serious injury than any other accident.
In Ontario alone, there were just under 8,500 trucking crashes and 96 deaths involving commercial trucks in 2020. This was the highest number of commercial vehicle collisions and fatalities in more than 20 years. In 2019, those numbers were 7719 and 62, respectively.
The evidence available in a trucking case – both the paper trail and the electronic footprints – dwarfs that of a typical car wreck.
In serious trucking cases, our Hamilton trucking accident lawyers will immediately send preservation letters to every potential defendant or nonparty who may have important evidence regarding your accident. We will ensure the truck is secured and that no one is manipulating it in any way without notice. We will obtain the black box (ECMs and EDRs) from the truck and your or your loved one’s car.
We will also retain the appropriate accident reconstructionist to investigate the accident scene. They will photograph and document the physical evidence and discover as much information as possible from investigating officers.
It’s important to do this sooner rather than later because skid marks and other physical evidence begin to disappear and fade within days of the accident, particularly with the harsh weather conditions in Canada. We must start our trucking accident investigation as soon as possible to collect and organize any evidence required to determine liability, as this can be challenging.
Typically, our Hamilton truck accident lawyers in a trucking accident case will not only want to see the truck in person but also will want:
In addition to seeing the truck itself, our Hamilton trucking accident lawyers will gain access to several other things, including:
In addition to accessing these things, Our Hamilton trucking accident lawyers will also pursue other forms of evidence, such as:
Our Hamilton trucking accident lawyers and personal injury lawyers represent victims who have suffered serious injuries and families of those who have lost loved ones in truck accidents. We represent victims who have suffered brain injuries, orthopedic injuries, spinal cord injuries, and more.
We’ve seen the devastation these injuries have caused, and we offer dedicated and compassionate representation to help you recover the compensation you deserve.
The goal of our Hamilton trucking accident lawyers is to seek justice for our clients and help put them in the place they were before they were hurt. In the case of fatalities, we ensure families and loved ones, whether spouses or children, are well protected financially.
During the investigation, we will look for things like:
At Lalande Lawyers, we never ask our clients for legal fees upfront. We work Ontario truck accident cases on a contingency fee basis, meaning our law firm only gets paid when you get paid. This benefits truck accident victims and their families by giving everyone equal access to quality representation. Everyone can hire a Hamilton trucking accident lawyer and not worry about having to pay them by the hour.
After determining the fault or liability of your trucking accident, our Hamilton truck accident lawyers will evaluate the damages or compensation that might be owed to you if the accident was the fault of the truck driver or trucking company.
Your claim will typically consist of seeking compensation for your pain and suffering, loss of enjoyment of life, loss of amenities, loss of an interdependent relationship, loss of housekeeping capacity and future health care costs.
Future care, in the case of spinal cord injury, for example, will usually consist of evaluating annual costs. The average annual expenses and lifetime costs that are directly attributable to spinal cord injury vary greatly based on education and neurological impairment – i.e. whether the spinal cord injury is incomplete tetraplegia, incomplete paraplegia, complete paraplegia or complete tetraplegia.
In the context of a wrongful death or fatality, you should seek legal advice from a Hamilton truck accident lawyer if you have suffered a loss of care, guidance and companionship or an economic loss. If you are a surviving dependent left without the financial support that your deceased loved one made to the family unit, our Hamilton trucking accident lawyers can help you, too.
Fatality claims in Ontario are complicated and should only be prosecuted by an experienced wrongful death or personal injury lawyer. They will work with economists to assist in calculating the loss of financial support suffered by the deceased’s family, either by sole dependency, cross-dependency, or a modified sole dependency approach.
Matt Lalande is an experienced Hamilton truck accident lawyer who has represented many victims in trucking accident cases. Over the past 15 years, he has helped many victims recover full compensation for various injuries and impairments. We have seen the devastation these things can cause, including short—and long-term pain and disability.
The injuries and conditions we’ve seen in our clients as a result of trucking accidents include:
Motorists in the Hamilton area are extremely vulnerable to serious injury or death when involved in an accident with a truck. A truck’s sheer size makes the impact on a motorist’s vehicle immensely greater than an accident with another car. It’s far more dangerous to those in the car than in the truck, as nearly three-quarters of all truck crash injuries and deaths happen to people in the vehicle hit by the truck.
Truck accident injuries to motorists can be catastrophic, and the severity of the injuries can leave them unable to work because of permanent damage.
Common truck injuries include:
Depending on the injuries you suffer in a truck accident, doctors may utilize a wide variety of treatments to help you recover. For example, spinal cord injuries are a common result of Hamilton trucking accidents and will entail a specific set of treatments.
Treatment for spinal cord injuries often includes:
Treatments for other injuries require a different care plan, but many require this sort of extensive approach.
Often, for severe injuries such as compound fractures and internal injuries, doctors will need to perform surgery. This also means additional medical treatments and services might be necessary to recover from that surgery. Some crush injuries may require amputation or a permanent implant like a steel rod for a broken bone to address the injury and treat it.
Another example of common trucking accident injuries is brain injuries. Even mild to moderate brain injuries require treatment, therapy, and recovery time. Medical treatment of brain injuries is particularly complex, especially when severe.
Every patient’s needs are different. However, some brain injuries require things like:
Severe burns may also result from trucking accidents. Treatment of serious burn injuries may include time in a burn center for wound care, frequent bandaging, debridement, skin grafting, and plastic and reconstructive surgery.
Many injuries can arise from these accidents, requiring comprehensive and personalized care and treatment plans. Our Hamiton trucking accident lawyers will connect you with our network of qualified healthcare professionals to ensure you get the care you need.
You may also require treatment for medical issues that are not immediate but arise from the long-term effects of your injuries. The most expensive type of treatment is often the ongoing care for those with injuries that have devastating life-long effects.
The services needed both medically and to assist the person in daily life can cost staggering sums of money. Rehabilitative therapy and ongoing medical treatment for long-lasting injuries can financially strain the victim and their family. Our Hamilton truck accident lawyers will help you estimate your costs and ensure you get the compensation you need and deserve.
The amount of medical treatment needed for truck accident injuries shows just how important it is to hire a lawyer who will help you receive full compensation for your injuries. Lalande Personal Injury Lawyers is a firm that has years of dedicated experience that enables us to thoroughly and professionally handle your personal injury case.
The long-lasting impact of severe injuries from truck accidents can leave a victim unable to return to work. Immediately after the injury, there are lost wages from being unable to work while recovering. The injury may be too painful or debilitating for you to return to your normal job. This puts your job security at risk because your employer may not be patient enough to hold your job open for you.
Injuries that require long-lasting treatment may also limit your ability to work or leave you permanently unable to perform a job. This can have effects on your financial life and on your personal life at home. A failure to continue working can cause marital problems and significant financial strain.
Further, brain injuries may leave you cognitively incapable of comprehending and performing the work you used to do. Psychological trauma may play a role as well. You may have trauma from your accident and be in a mental state that limits your ability to function at work. It may also limit your ability to handle ordinary daily responsibilities.
Whether you cannot work for a few weeks or ever again, you deserve to recover financially from all of your lost earnings. Our Hamilton truck accident lawyers know how to calculate this type of loss and seek the compensation you need.
Victims of collisions involving semi-trucks often have the right to take legal action seeking compensation from the party at fault for the crash.
In that action, a victim typically seeks two types of damages:
Pain and suffering describe both mental and physical distress caused by suffering injuries in an accident and dealing with the aftermath of those injuries.
Pain and suffering might stem from:
No person experiences pain in the same way as another, making pain and suffering damages, at times, difficult to calculate and prove.
Several factors that commonly figure into assessing the magnitude of pain and suffering include:
Pain and suffering are non-economic damage, so unlike medical bills and other definitive expenses resulting from your injury, it is a uniquely difficult damage to calculate. Pain and suffering awards can often be a significant part of personal injury recovery. Our Hamilton trucking accident lawyers have extensive experience handling cases like these, and we will pursue the maximum amount of compensation for your situation.
If you are experiencing pain and suffering from your injuries, you need a Hamilton truck accident lawyer who can help ensure your pain and suffering claim is fully realized and you receive the compensation you deserve. They can help analyze your case and hire the appropriate professionals to accurately determine what you’re entitled to while providing expert opinion and witness.
Truck accidents cause many potentially permanent injuries. From spinal cord injuries to severe burns, injuries from a truck accident can leave someone with permanent damage or disability. After a truck accident, survivors often have injuries that take months, years, or even a lifetime to heal.
Some injuries are so severe that medical and legal professionals categorize them as “catastrophic,” which are injuries that permanently affect a person’s ability to function. Injuries that limit a person’s mobility, cognitive abilities, or other physical function without the possibility of a full recovery are catastrophic.
There is a wide variety of injuries that could potentially be catastrophic and have permanent effects, and there’s no hard-and-fast medical definition that covers all catastrophic injuries. One way to think of them is any injury that would limit your ability to live independently as you once did. If your injury requires daily care or you need assistance to do basic tasks, then it’s a catastrophic injury.
Catastrophic injuries include:
Each injury above can have permanent effects. These types of injuries frequently require a lifetime of costly medical assistance and can place intense pressure on survivors and their families, who have already gone through so much.
This is why our Hamilton trucking accident lawyers are so dedicated to pursuing maximum compensation. You and your loved ones deserve the best quality care and freedom from financial stress
When you have permanent effects from an injury, it is not enough to collect compensation for your past medical bills and lost wages. This will leave you responsible for all of your future financial losses and does not address the magnitude of your injury’s effects on your life. The best way to know how much a claim is worth for a catastrophic injury is to have an experienced Hamilton truck accident lawyer at Lalande Personal Injury Lawyers evaluate your case.
When you have our law firm on your side, you can trust we will seek the most favourable resolution possible for you and your family. We regularly handle cases involving life-altering injuries and will determine the best course of action for your situation.
Trucking companies can be difficult opponents. You should be focusing on your medical treatment and adjustment to life with any new impairments, leaving the legal aspects to us. Contact us today for more information about the many ways we help truck accident victims in the Hamilton area. We have 15 years of experience standing up for the interests of clients injured in serious accidents, including commercial truck crashes.
The following briefly explains a truck accident litigation timeline and what you could expect when you retain our Hamilton truck accident lawyers. It is essential to understand that settlement can occur at any time during the noted process below based on the severity and seriousness of the accident and injuries.
For example, many insurance companies will understand the requirements of a paraplegic victim who was hurt by a driver and pay the policy limits on that claim sooner rather than later, assuming the accident is the trucker’s fault.
Some of the common causes of trucking accidents in Ontario and throughout Canada include:
Rear-end accidents are probably the most common types of trucking accidents. Trucks in Ontario can weigh up to 80,000 pounds, and because of the weight (and depending upon the weight of the carry load) of these large commercial vehicles, rear-end trucking crashes can cause major damage and life-changing catastrophic injury or fatality.
Rear-end trucking accidents often occur because drivers are sleep-deprived or fatigued. Also, the trucks may be overweight, the truck driver may have been speeding, or the brakes may have been defective. All of these create unnecessarily unsafe driving conditions.
A jackknife accident is when the semi-truck is folded so that the cab and the trailer form a 90° angle. Jackknife situations often occur when a driver is breaking fast and hard, causing the trailer to swing out and turn toward the truck.
Jackknife trucking accidents can also happen in bad weather and if the truck is travelling too fast while trying to negotiate a curve – even if the curve is quite slight. Jackknife truck accidents are also a major cause of under-riding accidents if the truck is not equipped with under-ride guards.
Tire blowouts can happen in several scenarios:
Tire blowouts can cause drivers to suddenly lose control, giving the cars around them little to no time to react and avoid a collision.
Underride Accidents are known in Canada as one of the most lethal types of truck accidents. Under-ride, trucking accidents happen when a truck that is not equipped with under-ride guards makes a hard turn and blocks the roadway.
If approaching cars do not see the truck in time to stop, they can ride under the trailer. These accidents are almost always fatal. The biggest concern in underride cases is the vehicle’s ability to see the trailer. This is why visibility surrounding the accident is essential, as well as weather conditions, whether or not the truck has any reflective taping or reflectors on the side of the trailer, and whether or not any reflection can be seen.
The following is an example of an under-ride trucking accident:
Underride trucking accidents in Hamilton are among themost severe and devastating. The survival rate of these accidents is low, especially when trucks do not have the underride guards installed.
Trucks that are stopped on the side of the road always pose a potential hazard. Unfortunately, in some cases, motorists approaching the truck, particularly in bad weather or in darker areas, may fail to see the parked truck and are unable to avoid a collision.
If truck drivers do not turn on their hazard lights or place warning markers, lights, or warning triangles behind their stopped trucks, they risk causing a terrible rear-end trucking accident. In these cases, call phone records are important so that we may determine how long the truck was stopped on the side of the road before the trucking accident.
If a truck or trailer is improperly loaded, the goods may shift when the tractor-trailer is turning or following a curve on the road, causing the trailer to jackknife or overturn. Shifting cargo can also be caused by drivers driving too fast into a curve.
Freight load securement is the cause of many trucking accidents in North America, particularly with trucks carrying lumber, other raw materials, or automobile parts. Improper loading claims are the basis of many trucking accident claims in Ontario and across Canada.
Trucking rollovers are trucking accidents in which the trucker loses control of the truck, causing it to roll over. These types of trucking accidents are extremely devastating when they happen, as many surrounding vehicles could be involved. Roll-over trucking accidents can occur when the truck driver exceeds the speed limit, drives too fast for the conditions, or enters or exits an on/off ramp too fast.
Ontario and Canada have maximum hours of service, which govern the driving and off-duty times required of truck drivers. These hours of service apply to drivers who hold CVOR certificates and drivers who operate trucks, tractors, trailers, or a combination of these vehicles with a registered gross weight or actual weight greater than 4,500kg.
The problem is that even if truck drivers are mandated to rest after a certain time driving or driving and working, many suffer from sleep deprivation, which is to blame for many trucking accidents in Ontario and nationwide.
In one publication of “Road Today,” the IHSA reported that Road Safety Authorities agree that fatigue is a leading cause of truck accidents in Ontario. It’s up there with distractions, speed, and impairment.
Ontario and other Canadian jurisdictions have used the National Safety Code standards as guides in drafting their own transportation safety legislation. This includes legislation dealing with “hours of service,” or the maximum driving times and minimum off-duty times of Ontario truck drivers. The hours of service apply to trucks, tractors, trailers, or a combination of these vehicles which have a registered gross weight or actual weight greater than 4,500 kilograms.
Ontario’s driving limitations are such that for the 24-hour period “day,” a driver cannot drive more than 13 hours. A day is defined as a 24-hour period that typically begins at midnight. During the 24-hour period “day,” a driver cannot drive after having been on duty for more than 14 hours.
The 14 hours of on-duty time can consist of driving time plus any on-duty time when not driving a truck. On-duty but not-driving time can mean, for example, working in the operator’s office or facility, loading or unloading the vehicle, inspecting the vehicle, waiting at the border, etc.
Lastly, a trucking company shall ensure that their driver takes at least 10 hours of off-duty time in a day. Off-duty time means time when a driver is not working or driving (for example, taking a meal break).
A tired truck driver is a safety hazard on our roads. Driver fatigue and sleep deprivation are major issues that have been the cause of countless highway trucking accidents in Ontario and all across Canada. In cases seen by our Hamilton trucking accident lawyers, truck drivers may have taken the required time off over the period of a day. However, many truck drivers are also overworked and sleep-deprived.
Sleep deprivation reduces adequate alertness and performance and can impair a number of important cognitive functions, including attention span, processing speed, reaction times, muscular coordination and overall judgment.
Studies have shown that sleep deprivation and overall driver fatigue can impair a truck driver to a similar extent to alcohol impairment. Long-haul truck drivers seem to be even more affected by fatigue and sleep deprivation.
Although there has been increasing public and regulatory interest in the health consequences of truck driving and sleep deprivation, driver fatigue and drowsiness continue to be an issue among on-duty truck drivers and are still a cause of trucking accidents in Ontario and across Canada.
When our Hamilton trucking accident lawyers represent families impacted by catastrophic trucking crashes, our investigation is very strategic. We go to the roots of truck driver fatigue, focusing on the trucking company’s management, supervision, policies and culture that aids and encourages driver fatigue.
Our Canadian highways are filled with 18-wheelers that pose a threat to innocent motorists. These dangerous vehicles are often poorly maintained and driven by tired truckers. Their victims are usually oblivious to the danger of the 80,000 pounds that could careen into their vehicle at any given moment.
Of course, there are many safe drivers, and many companies concentrate on safety. However, the urgency to cover the miles in as short of a time as possible is the norm, with profitability being the driving force. Needless to say, given the number of trucks on our roads, there is a lot that can go wrong. One of the most horrific types of trucking accidents is called the “jackknife” trucking accident, which is explored below.
Large trucks are generally made up of a cab and a trailer. A jackknife trucking accident is when the trailer of a large semi truck swings out from the cab, forming a 90° angle similar to the “V” shape of a pocket jackknife.
Jackknife accidents are typically caused by uncontrolled braking or when a tractor-trailer accelerates too harshly or too early on a corner. This can cause the drive wheels to spin, especially when the truck is recently loaded.
This can cause serious problems for semis or truck-trailer combinations. When the drive wheel spins, the semi-trailer or trailer can continue forward under its own momentum, pushing the drive wheels sideways and jackknifing the truck. This would typically occur when quartering on a road surface which is wet, slippery or has a negative camber.
The following video depicts a jackknife trucking accident:
Jackknife trucking accidents are extremely dangerous – particularly on busy roadways or highways. The jackknifing of a trailer can cause brutal accidents when the trailer, which rotates about the tractor, extends to adjacent lanes blocking the incoming or following traffic.
Vehicles can easily get swept up by the swinging trailer and, even more so, can get wedged under the trailer. Motorists can’t always see a jackknifed truck until it’s right in front of them, especially if it’s been spread across other lanes in the opposite direction. On a highway with a speed limit of 100 km/hr, stopping in time to avoid an unexpected collision is difficult.
In Canada, it is estimated that more than 90% of our consumer goods are shipped via semi-truck, and as of 2020, more than 1 million transport trucks regularly travel across the country. Further, approximately 10,000 Canadians are seriously injured in trucking accidents every year, while around 2,000 Canadians are killed in trucking accidents.
Due to various factors, jackknife accidents are among Ontario’s most common types of trucking accidents. They are also among the most common accidents that result in death. The harsh weather conditions of Canada’s winters, the high volume of traffic on our 400-series highways, and the number of road users who travel each day all influence the chances of trucking accidents that can take lives and put drivers at risk.
There are a variety of factors that can cause a jackknife trucking accident. However, sudden braking is the most common cause of most trucking jackknife accidents. A semi-truck can weigh up to 80,000 pounds fully loaded, while the average car weighs up to 4,000 pounds.
As a result, a truck requires more room to brake than a motor vehicle and can’t stop on a dime if sudden circumstances require it. When the truck stops too quickly, the trailer cannot move forward due to the cab, and since it is being pulled behind the cab, it swings out to the side instead.
Other common causes of jackknife trucking accidents seen by our Hamilton trucking accident lawyers include:
One of the many reasons why jackknife trucking accidents can be so severe and potentially deadly is because they can lead to under-ride accidents, arguably the worst type of trucking accident.
Under-ride accidents occur when a vehicle cannot stop in time to avoid striking a truck and ends up sliding underneath the side or rear of the trailer. This can lead to devastating injuries and often horrific death for the driver and occupants of the car, as they can be crushed, decapitated, or suffer severed limbs. Those who survive are at serious risk for traumatic brain injuries, spinal cord injuries, and other devastating catastrophic consequences.
Underride trucking accidents often happen at night or during sun-setting/rising conditions. Underrides normally happen when a truck jackknifes or when a truck driver is attempting to cross a street or make a left turn into a street, and the car runs underneath the side of the trailer.
Rear underride trucking accidents happen when a car rear-ends a trailer. This can happen when the truck is stopped or parked and there are no warning markers or they have been improperly placed regarding the truck’s position.
Some trucks are equipped with under-ride guards, which are u-shaped metal bars that hang from the back of larger commercial trucks to prevent cars from sliding underneath in the event of an accident. While these safeguards add extra protection and can prevent fatal consequences, not every truck that drives on Ontario’s roads has them installed.
The following is an example of an underride trucking accident:
What happens when a motorcycle or car crashes into the back or side of a semi-truck is horrific and very real. When this happens, the entire front half of the car (sometimes the entire car – and most definitely a motorcycle) is swallowed underneath the trailer, including passengers. For the motorist, the first point of impact is with the rear/side of the truck is their windshield and then the person’s body.
The substantial height difference between a car and a truck (often up to four feet) presents the increased risk of an underride accident, and in some cases, the height of a car may only reach the height of the trailer’s wheels.
This offers plenty of space for a car to become crushed underneath and does not provide any of the protection a car’s safety features are designed to promote because there is nothing for the bumper to collide with on impact.
For example, the front and rear of a car are designed to absorb as much of the impact as possible in a typical motor vehicle collision, but in the case of an underride, there is nothing to absorb or prevent the car from travelling further under the trailer.
There are three main types of underride trucking accidents. These include rear-end accidents, side impact collisions, and offset collisions.
Rear-end underride trucking accidents happen when a passenger vehicle or motorcycle runs into the rear of a semi truck’s trailer. They happen for a multitude of reasons. If a truck driver must stop suddenly and a car is following too close, the car may not have time to stop before it slides under the trailer.
This often occurs when trucks are merging too slowly or are parked on the side of the road. It may also occur if a truck is stopping at a traffic light and the car behind it does not see the light coming up and, therefore, does not anticipate the stop.
Rear underride trucking accidents also happen when parked trucks are poorly marked (i.e., they fail to use marker triangles or are placed too close to the truck), the truck has dim or dirty taillights, or the truck fails to use its emergency flashers.
Another reason a rear-underride accident happens is if the truck is driving too slow—or is too slow to accelerate into heavy traffic. This can also happen if the truck is overweight. Motorists on roadways with 90 km/hr speed limits do not expect to meet a truck travelling at 15 km/hr.
Side underride trucking accidents happen when a truck makes a turn or manoeuvre that blocks the roadway, and a passenger car or motorcycle strikes the truck from the side and slides under the left or right side of the trailer.
These collisions are usually fatal. Many underride accidents happen when a trailer is backing up or backing into an area off of the roadway. Weather conditions or poor lighting may often be a factor. Other factors can be the lack of or dirty reflective taping on the side of the trailer.
There can be conspicuity issues in low light or bad weather—such as the trailer’s ability to blend into the surroundings. This means that the approaching driver does not recognize it across the roadway and instead believes he sees the bridge or overpass normally in that area.
According to Transport Canada, 22% of fatal collisions between cars and trucks occur on the side of the truck. This may happen when a truck is merging, as a car may be in the truck’s blind spot, or the truck driver may overestimate how much space they have to switch lanes. On local roads, it could occur when the truck driver is making a turn or when the truck jackknifes. Side underride crashes often happen during low-light or low-sun angle conditions.
An offset underride collision occurs when a car collides with a truck from an angle, such as at the back corner. The truck’s metal corner can quickly penetrate the car’s compartments, puncturing the driver or passenger.
The key to preventing many underride accidents on our roadways is to place shields and bars on the back and sides of semi-truck trailers. This can reduce the chances of cars getting swallowed underneath the trucks and crushed. Instead, they’ll hit the guards, and the car can deploy its built-in safety features.
Many large commercial trucks have underride guards installed that prevent cars from sliding underneath the trailer in the event of an accident. However, not every truck has them installed, and even when these guards are in place, they are usually only located on the back of the truck and do not account for the possibility of side underrides.
In Canada, rear underride guard testing started in 1997 after research showed that underride rear crashes resulted in many cross-country fatalities over the previous years – particularly with smaller cars like Chevrolet Cavaliers and Honda Civics travelling with speeds as slow as 45 km/hr.
Transport Canada reported that the incidence of serious injury or death could be reduced significantly if rear underride guards were stiffer and lower than they traditionally were in previous decades. In Canada, the Canada Motor Vehicle Safety Standard (CMVSS) for underride guards (CMVSS No. 223, “Rear impact guards”) became effective in 2007.
The CMVSS No. 223 requirements are intended to provide rear impact guards with sufficient strength and energy absorption capability to protect occupants of compact and subcompact passenger cars impacting the rear of trailers at 56 km/hr. The Canadian Transportation Equipment Association responded by creating rear underride bars at minimal cost – which was found to have reduced the number of rear impact fatalities by 25% to 40%.
The problem, however, is that rear underride guards get abused over the years, often coming loose, bent, or crumpled when they are damaged on loading docks or are not repaired after previous accidents. As strong as they are, they often end up with bent ends or crumpled centrepieces.
However, underride guards are not mandatory by law in either Canada or the US, but there have, of course, been arguments for and against side underride guards. On the one hand, most motorists would probably not die by hitting the back or side of another car going under 50 km/hr when properly seat-belted. And yet, 80-90% of underride crashes are fatal, even when the impacting motorist is travelling 50 km/hr.
Conversely, it’s been argued that in some situations, motorists may strike the side guards and be deflected or bounce off into another lane of traffic. This may cause them to crash with another vehicle or the road/sidewalk surface. It’s also been said that side underguards could impede or inhibit firefighter rescue efforts or can make the maintenance and mechanical inspections more difficult. There are many facets to the argument.
A semi-truck consists of a cab and a trailer. An underride trucking accident occurs when a smaller vehicle, such as a car or motorcycle, crashes into the rear or side of the trailer and slides underneath, often sheering the roof off. Underride accidents often result in wrongful death.
Yes, there are side underride collisions and rear underride collisions. Side underride collisions normally happen when a semi-truck is attempting to turn or make a U-turn and a smaller vehicle crashes underneath the trailer. Rear-end underride accidents occur when a smaller vehicle runs into the rear of a semi-trailer.
There are lots of reasons why underride accidents happen, such as a slow-moving truck, trucks making illegal turns or u-turns, backing across traffic, the trailer not being properly lit, the colours of the trailer being inconspicuous, the trailer not having proper reflector tape or marker lights, the trailer’s reflective tape or marker lights being dirty, or the truck being stopped without proper surrounding markers or cones.
In Ontario, if the driver was an employee, both the driver and employer would be liable for causing a trucking accident. If the driver was an independent contractor, then the driver alone would be liable unless someone else owned the truck they were driving. In that case, both the driver and owner would be responsible.
If you’re injured or you have lost a loved one, you can sue the driver, the employer and the owner of the truck to help compensate for your losses. It’s best to speak with a trucking accident specialist as soon as possible before insurance companies get involved.
If you or your loved one has suffered serious injuries, or if your loved one has died, you can sue the driver or the dump truck, the owner of the dump truck and the employer for compensation.
If your loved one has been killed in a trucking accident, you can absolutely file suit for wrongful death in Ontario. You would be entitled to different heads of compensation, i.e. both economic and non-economic. For example, you can sue for the loss of your loved one, particularly the loss of companionship – as well as their loss of income.
At our firm, our trucking accident lawyers never charge upfront fees, nor do we charge consultation fees. If you choose to retain us, we never ask our clients for money under any circumstance.
If you’ve been seriously hurt in an Ontario trucking accident, you will be entitled to (up to) approximately $399,000 in pain and suffering.
Fewer losses are more devastating than the unexpected death of a loved one in a trucking accident. Sudden death is a contradiction to everything that is known to be true in life. Losing a loved one to sudden and unexpected death is a disruption in natural law and order of life. It is a heartbreak like no other.
In the US, wrongful death claims are framed as “survivor claims.” In Ontario, the law unfortunately does not permit damages for grief, sorrow or mental anguish suffered by reason of the injuries or death of a loved one. Rather, wrongful death claims made by Hamilton trucking accident lawyers are framed under the Family Law Act. Damages that are claimable in wrongful death cases take the form of both economic and non-economic damages.
In terms of non-economic damages, the mere fact that a relative has passed away does not, of itself, establish a right to compensation—it merely provides the right to make the claim. To succeed in that claim, there must be an actual loss of care, companionship, and guidance that flows from the deceased to the claimant.
When families unexpectedly lose a loved one, there is no question of the enormous grief and mental anguish suffered. But losses of this kind are non-compensable. Sadly, details of the quality of family life and the relationship of the family members do not in themselves form a basis of recovery under the Family Law Act.
They are significant only in so far as they furnish an evidentiary foundation for assessing compensation for the loss of care, guidance or companionship that will likely be suffered by reasons of the death. As wrongful death trucking lawyers, we must ensure this assessment is made in an objective and unemotional manner as much as possible.
While there is not a specific formula to determine the quantum of damages to be awarded for the loss of care, guidance and companionship, a number of factors have been taken into consideration by the courts, including:
In wrongful death trucking cases, the surviving family members are also entitled to bring a claim for economic losses, such as the deceased’s wage losses, when the surviving spouse can no longer benefit from shared family income. If it can be shown that a dependent earned income or would have earned income, then surviving family members are entitled to advance a claim for the loss of that income.
Also, there will be expenses in relation to future housekeeping and home maintenance or “handyman” services that your spouse or loved one performed. These are now lost and can be claimed in a lawsuit for damages.
Lastly, if a surviving family member is no longer able to work for reasons related to the loss of a loved one, then the loss of wages for that surviving family member can be claimed as a direct loss (as opposed to a dependency loss), as can future health care expenses.
Experiencing a truck accident can be a life-altering event, not only physically but also emotionally and mentally. As a survivor, you may find yourself grappling with a range of intense emotions and psychological challenges long after the initial shock of the accident has subsided.
It’s crucial to recognize that these struggles are a normal response to a traumatic event and that seeking help is an essential part of the healing process. Our Hamilton trucking accident lawyers will connect you to the best mental health care providers to help you recover from the psychological aspect of your or your loved ones’ trucking accident.
One of the most common psychological consequences of a truck accident is post-traumatic stress disorder (PTSD). Symptoms of PTSD can include vivid flashbacks, nightmares, intense anxiety, and emotional numbness. You may find yourself reliving the accident in your mind, experiencing panic attacks, or feeling constantly on edge. These symptoms can be incredibly distressing and can interfere with your daily life, relationships, and ability to work.
Depression and anxiety are also common challenges faced by truck accident survivors. The physical pain, financial stress, and uncertainty about the future can take a heavy toll on your mental well-being. You may experience feelings of sadness, hopelessness, or irritability, as well as difficulty sleeping, concentrating, or finding enjoyment in activities you once loved.
It’s important to remember that you don’t have to face these challenges alone. Seeking professional help from a therapist or counsellor who specializes in trauma recovery can be an invaluable step in your healing journey. They can provide you with tools and strategies to cope with your emotions, work through the trauma, and rebuild your sense of peace.
In addition to therapy, there are other resources and support systems available to help you navigate the psychological impact of a truck accident. Support groups can provide a safe space to connect with other survivors who understand what you’re going through, while self-care practices such as mindfulness, exercise, and creative expression can help you manage stress and promote emotional well-being.
Having an experienced and compassionate Hamilton truck accident lawyer on your side is just as advantageous here as it is when pursuing compensation and physical treatment. Not only can they help you pursue the compensation you deserve, but they can also connect you with resources and support services to address your emotional and psychological needs. They understand the far-reaching impact of a truck accident and are committed to advocating for your overall well-being.
In trucking accident cases – fault or liability and who responds to claims for compensation can be shared either amongst owner-operators (independent contractor drivers) and/or the trucking employer.
If the driver is an independent contractor, the driver’s insurance policy will respond to the claim. If the driver is an employee, the truck trucker’s employer will also be found vicariously liable pursuant to Ontario’s Highway Traffic Act. Our Hamilton trucking accident lawyers are experienced in navigating these cases and will help you determine liability appropriately.
If you or a family member has been involved in a trucking accident or 18-wheeler accident and has suffered serious life-changing injuries, then you need to speak to an experienced truck accident specialist in order to determine your options and best recourse.
The Hamilton truck accident lawyers of Lalande Personal Injury Lawyers represent tractor-trailer accident victims throughout Ontario and Nationwide. Lalande Personal Injury Lawyers will meet you at your convenience and are more than happy to discuss your case with you. We never charge for consultation and if we agree to work together, we will never ask for fees upfront. Call us from anywhere in Ontario at 1-844-LALANDE or local in the GTA/ Hamilton area at 905-333-8888
I was a dental hygienist that suffers from really bad scoliosis. My insurance company ignored my doc & cut my benefits off & told me I could do “something”. Matt got me CPP Disability and and LTD settlement – I don’t know what I would have done without him.
My daughter was killed by a drunk driver and it forever changed all of our lives. It seemed that for two years time stopped. This was no an easy journey. Matt let me sit in on the discovery of the driver and boy, he never let up. In the end, our grand-daughter was taken care of and we were compensated for our loss – which we then donated to a cause we believed in.
I call Matt my knight in shining armour. After I was struck by a car while cycling and permanently crippled, he fielded all communications with my especially difficult and downright nasty insurance adjuster. Every step of my care was a battle and I did not have the strength to fight alone.
I lost my leg in a terrible motorcycle accident and Matt help me recover compensation I need because I could not work and the cost of prosthetics and rehab are out of this world. I don’t know what I would have done without him.
My brother ended up paralyzed after a car accident and Lalande did SO MUCH to help get things straight from him getting out of the hospital to all his care for life. We are so grateful for Matt & Heather. I don’t know how my family could have done this without them.
