Truck Accident FAQs

After a truck accident, you should do the following:

1. 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.

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.

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.

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.

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.