Jun 02, 2023 in News Liability

Liability: Truck Driver or Transport Company: Who's Liable? Personal Injury Lawyers Explain

Personal Injury Lawyers Talk About Who's Liable in Truck Accident

Trucks are the lifeline of our economy, but avoidable truck accidents are on the rise in Ontario. There are around 4,200 accidents involving large commercial vehicles, causing 22% of fatalities. But truck accident liability isn’t as clear or easy to decipher as car accidents. Our personal injury lawyers explain.

You see, unlike car accidents, there are far more parties involved in these incidents beyond the drivers themselves. Depending on the causes of the accident, the truck owner, the trucking company, and the driver may be liable. That can make determining liability in a truck accident claim for the injuries you have suffered difficult. 

Here’s How Truck Accident Liability Can Be Broken Down

Truck Accident Liability of the Driver

Like any other motorist in Ontario, truck drivers are responsible for driving safely and in accordance with traffic laws. They have greater responsibility, in fact, to keep other motorists safe given the size of the vehicle they are driving. Some dangerous driving behaviours for truck drivers are:

• Driving under the influence of drugs and alcohol
• Driving distracted, in particular with regards to road and traffic conditions
• Speeding and aggressive driving
• Exceeding hours of service regulations
• Operating an unsafe vehicle

Trucking Company or Truck Owner’s Liability in a Truck Accident Claim

Though it’s the truck driver involved in an accident, a trucking company or the truck’s owner may be responsible for the damages. The trucking company/owner is responsible for ensuring the driver does not drive beyond the maximum 13 hours per day, ensuring the vehicle is adequately maintained, and drivers aren’t intoxicated.

For instance, if the driver doesn’t take sufficient breaks during the job, the trucking company may be liable for an accident caused due to fatigue. Another example is of a trucking company setting unrealistic expectations of cargo loading and delivery times, encouraging their drivers to drive dangerously.

Trucking companies and truck owners can also be liable for ensuring drivers are sufficiently trained, and for ensuring that unqualified or unfit drivers aren’t allowed to operate company-owned equipment/vehicles, or equipment/vehicles on behalf of the company..

The Shipping or Cargo Company May Be Liable Too, Say Injury Lawyers in Toronto

Did the trailer tip over during regular operation? Did the load shift cause the truck driver to lose control? 

Overweight trailers, unevenly distributed loads, improperly secured cargo are significant hazards for truck drivers and other road users. If these are determined to be a factor in the accident by your personal injury lawyers, the shipping or cargo loading company can be liable for damages too.

Liability of the Part Manufacturer or Servicing Company

If the accident is caused partly or wholly due to a defective part, the part manufacturer (or the servicing company) may be liable. If there is a defect in the truck’s design, the manufacturer can be found responsible for damages.

Determining liability in such a situation requires extensive investigation by injury lawyers in Toronto. 

Liability in a Truck Accident Claim Isn’t Like a Car Accident

There are lots of moving parts in a truck accident claim, which is why you need experienced personal injury lawyers by your side. An experienced team will have the know-how and expertise to investigate the accident and pursue compensation vigorously.

Schedule a free, no-obligation consultation today to discuss your truck accident with our lawyers..