Truck Accident FAQ — Ontario

You're not required to hire a lawyer, but truck crashes are complex, high-value cases and the insurer's goal is to pay as little as possible. A lawyer preserves the truck's evidence, manages your accident benefits, values your claim properly, and deals with the insurers for you. Because we work on a no win, no fee basis, there's no upfront cost to having a lawyer in your corner.

We work on a contingency (no win, no fee) basis. You pay no legal fees upfront; our fee is an agreed percentage of the compensation we recover, plus HST, and you owe no legal fee if we don't recover money for you. The exact terms are set out in writing before you sign.

The general limitation period to start a lawsuit is two years from the crash, but shorter deadlines apply to other steps — for example, notifying the accident-benefits insurer within about 7 days and applying within 30 days of receiving the forms, written notice to an at-fault driver's insurer within 120 days, and as little as 10 days' notice for some claims involving a municipality. Because these limits are strict, speak with a lawyer as soon as possible.

It depends on the severity of your injuries and how they affect your life. Compensation can include accident benefits (treatment, income replacement, attendant care) and, through a tort claim, damages for pain and suffering, past and future income loss, future care costs and out-of-pocket expenses. We give you an honest assessment after reviewing your case.

Often more than just the driver. Liability may extend to the trucking company, the truck's owner, a maintenance provider, the party that loaded the cargo, or another motorist. Identifying every responsible party is a central part of a truck accident claim and can significantly affect your compensation.

Often yes. Ontario uses comparative fault, so your compensation may be reduced by your share of responsibility rather than eliminated, and your no-fault accident benefits are generally available regardless of fault. Have a lawyer review the facts before assuming you have no claim.

Cross-border and out-of-province trucking is common in Ontario. If your crash happened in Ontario, Ontario law generally governs your claim even if the driver or carrier is based elsewhere. We handle the added insurance and jurisdiction issues.

Accident benefits are no-fault benefits under Ontario's SABS, available to anyone injured in a motor vehicle accident regardless of fault. They can cover medical and rehabilitation treatment, income replacement, attendant care and more. They're separate from, and in addition to, any claim against the at-fault truck driver or company.

It's a designation under Ontario's accident benefits system for the most severe injuries, such as serious brain or spinal cord injuries or amputations. Meeting the definition unlocks much higher benefit limits, so establishing catastrophic status is one of the most valuable things a lawyer can do in a serious truck case.

Be cautious. The truck's insurer may ask for a recorded statement soon after the crash. You are not required to give one, and what you say can be used to reduce your claim. It's wise to speak with your own lawyer first — the consultation is free.

If you can: call 911, accept medical attention even if you feel fine, document the scene and the truck/company details, get witness contacts, report the crash to your own insurer, avoid giving the truck's insurer a recorded statement, and contact a truck accident lawyer. If you're too injured to do all this, focus on your health — a lawyer can help gather evidence afterward.

It varies with the severity of the injuries and the complexity of the case. Some claims resolve in months; serious cases can take longer, in part because it's important not to settle before the full extent of your injuries is known. We move your case as efficiently as possible while making sure it's not undervalued.

Most settle without a trial. We prepare every case thoroughly as if it could go to court, which puts us in the strongest position to negotiate — and we're ready to litigate if a fair settlement isn't offered.

Ontario's Family Law Act allows certain family members to claim after a fatal crash, including for loss of care, guidance and companionship and certain expenses. We handle these claims with sensitivity and pursue full accountability on your family's behalf.