Lawsuits related to accidents are already complicated. For instance, car accident cases take a long time to settle. Let’s say it’s just a fender-bender. If you are sued for that, you will have to go through quite a troublesome process from start to end. The pain for the plaintiff is not less either.
Considering all these, imagine how complex a truck accident case could be.
Accidents entail so many factors. Hence, it’s no different from truck accidents. On top of that, truck accidents are deadlier. So, let’s find out why are truck accident claims complicated.
5 Reasons Why Are Truck Accident Claims Complicated
Generally speaking, truck accidents cause more damage to individuals and property. What is more, several parties will be involved in the mishap.
Check the factors below and learn why these kinds of accidents are difficult.
The investigation process is extensive
The investigation process of truck accidents will have the engagement of more law enforcement parties. Typically, accidents involving other vehicles are handled by local police or Royal Canadian Mounted Police (RCMP).
Also, the ICBC will be there to ensure the accident benefits for victims. In addition, insurance companies of both parties will be there to investigate.
Up to this, it is the same for truck accidents as well. But they are not like two other car accidents. That’s why will be involvement of the Canadian National Safety Code (NSC) along with other law enforcement parties.
NSC’s concerns
Check the list below to know what is handled by NSC in order to ensure safe vehicle operation.
- Training and licensing for commercial drivers
- Inspection and maintenance of commercial vehicles
- Safety ratings for motor carriers
- Hours of service
- Cargo securement
Reportedly, ICBC takes care of most of the car accidents. With them, the insurer will carry on the investigation because private insurers will try to evade the real compensation. Meaning, they will try their best to figure out potential complaints and pay much little as possible.
On top of that, truck providers face these types of problems all the time. Thus, they brace by hiring highly-paid lawyers.
People try hard to make tort claims against the truck drivers and the whole company if possible. In such cases, you must take help from a solicitor who is up-to-date with federal governance. And the lawyer work on your behalf so that you get the maximum compensation.
Read More: Alberta Car Accident Compensation
More evidence will be required
Mostly, negligence gives rise to truck accidents. Let’s say this factor applies to you too. In such circumstances, your lawyer will carry out thorough investigations of the collision. Also, they will try to reach all parties involved in a truck accident.
During the investigation, a lawyer will consider several factors. For example- the impacts of your injuries, material damages, and how every single party affects an accident, which rule applies to the complications and take a deeper look at a truck accident.
Find the task a lawyer will perform in order to help you.
- Examination of the vehicles involved.
- Documenting evidence at the crash scene.
- Interviewing witnesses and requesting documents from the truck company, i.e. maintenance records, employee logs, etc.
- Obtaining accident reports from police and other law enforcement parties.
- Consulting experts after collecting and reviewing data.
Fatal injuries are more likely to happen in truck accidents
This is a critical factor that makes the truck accident highly complex. Because deadly injuries are likely to take place. The injuries could be – brain trauma, spinal damage, orthopedic damage and so on.
You can see that these injuries will have a lifelong impact on truck drivers’ and victims’ lives. Furthermore, treatments and rehabilitation of these injuries require a massive amount of money. Even worse, sometimes injured people don’t recover fully. As a result, they fail to work at all or are unable to lead a normal life.
Even if you qualify for ICBC accident benefits, you might get a no-fault compensation. And, it does not cover the total cost of your injuries and other damages for the truck accident. However, the truck driver and other parties could be negligent in the accident. And, you can get fair compensation through a tort claim against them.
An expert lawyer can prove that your injuries were caused by negligence, and you get a fair amount. But the problem is that filing a claim like this is typically more difficult than applying for ICBC no-fault benefits.
Involvement of multiple parties
Primarily, truck drivers are accountable for the safe operation of vehicles. Regardless, they are working for a commercial transport enterprise. As a result, in a collision, other parties may be held liable too with the driver.
The following parties could be held responsible for a truck accident.
- The driver
- The employer
- The company that owns the vehicle
- The manufacturer of the vehicle
- Mechanics, service centers, and other companies for the maintenance or repair
- The owner and/or the handler of the vehicle
A lawyer’s investigation is necessary to determine each party’s share of fault in the accident. Also, a lawyer must investigate the actions of all parties involved in the accident.
Involvement of several insurers
If you have survived a truck accident, you might be thinking that the driver’s or the company’s insurer is only responsible for the compensation.
But that’s not the case because all the parties I mentioned in the previous section will have their insurance service.
The problem doesn’t end. You see, commercial truck companies are interprovincial and interterritorial. For that, the truck that hit you can be insured by a company outside Canada. Also, the company headquarters can be outside your country.
Likewise, a truck can be international. That means both the truck company and the insurer of the truck company are outside Canada.
Keeping all these in mind- it is hard to understand and negotiate with each party.
3 common reasons for truck accidents
Although a collision can happen for various reasons and involve several factors, there are 3 common reasons truck accidents occur.
Loss of control
Not the mention, large trucks are heavier. That’s why it is more challenging to drive than other vehicles. If the driver loses control of an enormous truck, the result will be catastrophic. The main reasons for losing control are – speeding, flat tire, stalled engine, poor road condition, and bad weather conditions.
Rollover or overturning
Basically, this is the result of loss of control and bad roads. They often lead to a rollover. Reportedly, 4% of all fatal overturns involve large trucks. 2% of nonfatal crashes involve large trucks as well.
Issues with parts
Any parts of a vehicle can be faulty. And tire failure is another common reason. Given that, tires can fail in large trucks as well as other vehicles involved in collisions.
It can be challenging to determine who is to blame when a part on a large truck fails. It could be the part manufacturer, the maintenance company, a third party involved in the truck’s maintenance, or the repair shop.
Final remarks
These are reasons that make truck accidents tangled. Since it is complicated, it is crucial to seek an expert lawyer.