Experienced Personal Injury Lawyers Helping Clients in Commercial Trucking Accidents

Accidents involving commercial trucks can often be fatal. Due to their sheer size, what would otherwise be considered a minor accident, could result in serious, if not catastrophic injuries. It is for this reason that truck drivers must take great care to ensure their vehicles are up to standard, and that they are capable of driving these vehicles for long hours.

At Cuming & Gillespie LLP we know that these serious injuries stemming from an accident involving a truck can impact people physically, psychologically, and financially. If you have been hurt in a truck accident, our award-winning team of personal injury lawyers can help. Over the past two decades, we have been regularly ranked as Leaders in Personal Injury on Lexpert and have been recognized as top practitioners in the area of personal injury. With our guidance and representation, you can rest assured that your case is in the best hands.

Common Causes of Commercial Trucking Accidents

There are many causes of commercial trucking accidents. Some of them include:

Fatigued Drivers;
Distracted driving (such as texting or talking on the phone);
An intoxicated driver (alcohol or drugs);
Truck drivers following other vehicles too closely;
Poorly secured cargo or load;
Driving at excessive speeds;
Passing unsafely;
Overweight cargo or cargo that is not properly secured;
Poor maintenance of the truck;
The truck taking dangerous wide turns;
Drifting in and out of lanes;
Blowouts of tires;
Incorrectly and dangerously parking on the side of the road; and
Lack of maintaining lighting standards and reflective markings.

All these factors can lead to serious accidents resulting in catastrophic or deadly injuries to other drivers on the road. Where such accidents occur, injured drivers or their families can pursue claims against the truck driver, the trucking company, or both.

The Trucking Industry and Making a Claim

The trucking industry is heavily regulated in Canada. Drivers are required to keep thorough logs of their maintenance, when they sleep, when they take breaks, when they pick up cargo, any issues they may have on the road, and so on. Drivers are also required to take random drug tests, and maintain up-to-date licenses.

These strict regulations mean that in the event of an accident, there can be a significant amount of evidence that can be used to support a personal injury claim. However, for an injured party seeking to file such a claim, it may be difficult to sift through all this material without the help of a knowledgeable personal injury lawyer.

If you have been injured in a commercial trucking accident or you have lost a loved one due to such an accident, it is crucial to hire a lawyer who has a thorough understanding of these rules, regulations, and protocols that govern the trucking industry.

At Cuming & Gillespie LLP in Calgary, our personal injury lawyers regularly pursue truck accident claims. As a result, we are intimately familiar with the regulations and protocols governing the industry. Our lawyers know what evidence to look for and which requirements are often missed. If a driver has been negligent, we will find out through careful review of all materials and evidence, including all documents provided by the police. We work tirelessly to ensure our clients get the maximum compensation they are entitled to. With a track record of successfully resolving hundreds of personal injury claims, including claims against commercial truck drivers and trucking companies, you can rest assured that we will take care of all aspects of your claim while you focus on recovery.

We Care About Your Recovery

At Cuming & Gillespie LLP, we have a deep interest in your recovery. Our goal is to help you move forward after your accident and we provide the assistance you need to make this happen. Our highly experienced team takes a collaborative approach to ensure your claim is handled with care. We regularly work with medical and other professionals to ensure that nothing slips through the cracks and all aspects of your claim are taken care of.

When you hire us, you can rest assured that you are getting the best and most effective representation. Through our years, we have been able to recover over $270 million in damages, reflecting our success in representing our injured clients. Such money has helped them to begin to close a painful chapter of their lives, and focus on the future.

Experienced and Thorough Personal Injury Lawyers Seeing Your Claim Through from Beginning to End

At Cuming & Gillepsie, we know the details of pursuing truck accident claims and have experience with all pertinent documents that are required in filing a successful claim. We can help you obtain these documents and ensure a maximum compensation is obtained. If you have any questions call us today at 403-571-0555 or contact us online to book an appointment for a free consultation.

Trucking Accidents FAQs

What should I do after a truck accident?

After a truck accident, you should do the following:

Attending to your safety and health, as well as the safety of others, should always be your top priority. Seek medical attention immediately if there are any signs of injury, no matter how minor. The severity or extent of an injury is sometimes not fully apparent in the immediate aftermath of an accident. Ensure first responders (ambulance, fire, and/or police) are called as needed.

Exchange contact and insurance information with all other drivers involved, pedestrians, witnesses, and police. If you feel well enough to do so, try to secure any evidence you can by photographing the scene and speaking to witnesses.

If you did not go to the hospital immediately after the accident, see your healthcare provider as soon as possible to determine the nature and extent of any injuries you may have.

Consult with a qualified personal injury lawyer early in the process to protect your rights and seek the maximum compensation possible.

Who is liable in a truck accident?

Depending on the particular circumstances of an accident, various parties may be liable for injuries caused by a trucking accident.

The driver of the truck may be liable if they acted negligently (for example, by driving while intoxicated or failing to maintain their rig in a safe working condition). As trucking is a heavily regulated industry in Canada, the driver’s employer may also be directly and/or vicariously liable for paying compensation to those injured by a trucker’s actions.

Obtaining legal advice as soon as possible after an accident is vital to ensuring all parties who may bear responsibility are identified and brought into your claim.

How can a truck accident lawyer help?

In Canada, trucking is strictly regulated by a variety of laws, rules, protocols, and regulations. To successfully prove a truck driver’s negligence caused the accident, in-depth knowledge of the applicable laws, rules, protocols and regulations is critical. The experienced personal injury lawyers at Cuming & Gillespie LLP understand the legal landscape surrounding the trucking industry and know how to protect all relevant evidence to support your claim.

How much does a truck accident lawyer cost?

Many experienced truck accident lawyers offer contingency fee arrangements. This means that the lawyer’s fees are only paid when and if the injured client’s claim is settled. At Cuming & Gillespie LLP, our team covers all disbursements, including court filing fees, expert reports, witness fees, and medical records, until your claim is resolved. These costs can be extremely expensive and difficult for clients to cover otherwise. If your claim is not successful, no fees are owed to the firm.

Is there anything I can do if a family member has died in a commercial trucking accident?

In Alberta, those who have lost a family member due to another person or entity (such as a commercial truck driver or trucking company)’s wrongful or negligent act may have a claim for wrongful death under the Fatal Accidents Act. The Act sets out who is entitled to damages, the amount of those damages, and how to bring a claim for those damages. As the law surrounding wrongful death claims in Alberta is evolving and complex, it’s vital to consult with a knowledgeable truck accident lawyer as soon as possible after your loved one’s passing.

Trucking Accidents Terms

Backover Trucking Accident

A backover semi trucking accident is a type of accident that involves a truck backing over another vehicle or pedestrian. These accidents can be very serious and often result in injuries or fatalities.

Contributory Negligence

ttContributory negligence refers to a circumstance where two or more people (or entities) are responsible for a person’s injuries or damages. This can include a plaintiff who is found partly responsible for their own injuries or damages. In the context of a truck accident, contributory negligence may be used to reduce the amount of damages that the plaintiff can recover from the defendant truck driver or trucking company. For example, if the plaintiff was not wearing a seatbelt at the time of the accident, they may be found to be contributorily negligent, and their damages may be reduced by a percentage that reflects their degree of fault.

Truck Driver Record Files

Driver record files contain information about a commercial driver’s qualifications. In Alberta, Canada, all drivers of commercial vehicles must have a driver record file with the Alberta Ministry of Transportation. Driver record files help ensure that only qualified drivers are operating commercial vehicles on Alberta roads.

Event Data Recorder (EDR)

An event data recorder (EDR) is a device that monitors and records information about a commercial truck and its driver (sometimes referred to as a “black box”). The data collected by the EDR can be used to improve safety, characterize truck performance, and investigate truck accidents.

Hours of Service (HOS) Rules

Hours of service rules govern the maximum number of hours that a driver can work in a day, as well as the minimum amount of time that must be taken off between shifts. The hours of service rules are designed to promote safety on the roads by ensuring drivers have adequate rest periods and reducing driver fatigue. In Alberta, semi trucker hours of service are set out in the Drivers’ Hours of Service Regulation.

Jackknife Accident

A jackknife accident is a type of trucking accident that occurs when the trailer of a tractor-trailer rig swings out and away from the cab, folding the rig over onto itself. Jackknife accidents are often caused by excessive speed, dangerous road conditions, brake failure, or driver error.

Tire Blowout Accident

A tire blowout is a type of accident that can occur when a truck’s tire suddenly bursts. This can happen for a number of reasons, such as a defective tire, road debris, overinflation, or excessive speed. When a blowout occurs, the truck can lose control, veer off the road, and potentially cause serious damage or injury.

Vicarious Liability

Vicarious liability is when one person or entity bears legal responsibility for the actions of another. For example, an employer may be held vicariously liable for injuries or damage arising from an accident caused by an employee while on the job. In the context of a truck accident, the trucking company may be held vicariously liable for the actions of the truck driver.

Commercial Vehicle Inspection Stations / Weigh Stations

Commercial vehicle inspection stations or weigh stations are Alberta government-licenced facilities where commercial vehicles are weighed and inspected to ensure they meet safety and registration requirements. In Alberta, these stations are located along highways that have been designated under National Safety Code Standards.

Wrongful Death

When a person dies in a truck accident as a result of the negligence of another person (or entity), some of the surviving family members may be entitled to damages for that wrongful death under the Fatal Accidents Act. A wrongful death claim can be filed against a truck driver, trucking company, and/or any other party whose negligence contributed to the victim’s death. The goal of a wrongful death claim is to seek financial compensation for the survivors’ losses, such as loss of financial support, grief and loss of guidance, care and companionship, and funeral expenses.

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