Truck Accidents: Do You Know Your Rights?

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Did you know that each week over 612,000 trucks travel along Canada's roadways? With this many trucks on the road, it is easy to see why truck accidents are becoming more common. These accidents account for almost one-fifth of all motor vehicle deaths and 5% of all the injuries. As truck accidents are becoming more prevalent, it is important to understand what you are entitled to if you become a victim of one. 

Main Reasons for Truck Accidents

The most common reason for truck accidents is driver fatigue. Truck drivers work long hours and are often on strict deadlines. In order to meet these delivery deadlines, they have to drive long stretches on little sleep. This increases the driver's chance of being involved in an accident since they are less alert, have a slower response time and may be unable to concentrate on the road. Other common reasons for truck accidents include: speeding, distracted driving and negligent driving. The interesting thing to note with these kinds factors is that truck drivers go through intense training to obtain their licenses, but no amount of training can combat fatigue, negligent driving, speeding or any other distraction.

Compensation

When you are involved in a truck accident in Ontario you are entitled to make two claims in order to receive compensation. The first claim is called the at-fault claim, and this is done by filing a lawsuit against the person responsible for the accident. The second claim is called an accident benefits claim and is done through an automobile insurance company. This is also called a no-fault claim. Unlike many other provinces in Canada, Ontario residents are able to make both claims.

By making a no-fault claim through your insurance you would be entitled to such compensation as income replacement, caregiver benefits, as well as medical and rehabilitation benefits. This claim is filed directly through your insurance policy, or if you do not have insurance it would be filed through the driver at-fault's insurance policy.

In addition, by filing a lawsuit against the person responsible for the truck accident, you are able to claim damages for pain and suffering, medical and rehabilitation bills and income loss.

Filing these claims and deciding how to proceed after you have been in a truck accident can quickly get confusing. It is in your best interest to hire a lawyer that understands the complexity of accident benefits claims and has the experience of dealing with lawsuits. A lawyer who is an expert in truck accidents will know which benefits to apply to your situation and what you are entitled to.

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