St. John’s Truck Accident Lawyers

In the event of an accident, having a seasoned personal injury lawyer by your side is essential. At NOVA Injury Law, our expertise lies in assisting individuals in St. John’s and surrounding areas in obtaining the rightful compensation following an injury.

Devoted to Securing Compensation for Victims Affected by Truck Accidents

Every motor vehicle accident carries the potential for serious injuries, but this risk is significantly heightened in truck accidents. Commercial trucks possess greater weight and size compared to other vehicles on the road, amplifying their capacity for causing catastrophic injuries and extensive damage. Moreover, truck drivers contend with numerous and sizable blind spots, further complicating road safety. When a car collides with a truck, the consequences can be devastating and often fatal.

Many individuals involved in truck accidents endure severe injuries that can profoundly impact their lives. While monetary compensation cannot reverse the harm caused by these injuries, the law does afford these victims the right to seek reparation for the losses they have incurred due to the accident.

If you have been involved in a truck accident, it is imperative to explore your entitlement to compensation with a personal injury lawyer at NOVA Injury Law. Your priority should be on attaining a complete recovery from your injuries—allow us to advocate for your compensation rights on your behalf.

Severe Injuries Resulting from Truck Accidents

Truck accidents often result in devastating injuries, far surpassing the damage typically seen in regular motor vehicle collisions. Some of the severe injuries commonly associated with truck accidents include:

Whiplash and Neck Injuries: Sudden stops or impacts can result in forceful jerking of the head and neck.
Back Injuries: Collisions can cause back injuries such as herniated discs, spinal cord injuries, or fractures.
Broken Bones: The force from the impact can lead to fractures or breaks in various bones.
Internal Injuries: Organs may sustain damage or bleeding due to the impact from the collision.
Head Injuries: Traumatic brain injuries (TBIs) can result from either the head hitting an object or the brain impacting the inside of the skull.
Amputations: Severe accidents may necessitate limb amputation.
Burn Injuries: Fires resulting from hazardous materials carried by the truck can cause burn injuries.
Crush Injuries: Body parts can be compressed between objects, causing crush injuries.
Facial Injuries: Impact with the steering wheel, airbag, or other vehicle components can cause facial injuries.
Spinal Injuries and Paralysis: The severe trauma endured in a truck accident can lead to the stretching or severing of the spinal cord, resulting in irreversible paralysis.
Death: Fatalities are more common in truck accidents than in other forms of road collisions.

These injuries underscore the importance of seeking immediate medical attention following a truck accident, as symptoms may not always be immediately apparent. If you or a loved one has been involved in a truck accident, it is essential to consult with medical professionals and an experienced truck accident lawyer to ensure proper care and support.

Why are Truck Accidents More Complicated?

Truck accident claims tend to be significantly more intricate than accidents involving only cars due to several factors, including:

Seriousness of Injuries: Those in truck accidents are more prone to severe or fatal injuries than individuals in accidents involving passenger cars, SUVs, or pickups. The heightened severity of injuries complicates the recovery process for various reasons, including more extensive medical treatment and potential long-term effects.

Establishing Liability: Demonstrating fault in a truck accident case usually demands thorough investigative work by the plaintiff’s legal representatives. For instance, proving improper loading of a truck, inadequate maintenance of its brakes, or driver fatigue requires meticulous investigation.

Numerous Avenues for Compensation: Lawsuits for truck accident injuries often entail naming multiple defendants, introducing an additional layer of complexity. Unlike typical auto accidents, which typically involve a single defendant, truck accident cases often implicate multiple parties, increasing their legal intricacy. The rationale for naming multiple defendants is further elaborated in the sections below.

What Compensation Can Be Recovered in a Truck Accident Claim?

Compensation, referred to legally as “damages”, for an injured individual following a truck accident depends on the severity of the losses they incur as a result of their injuries. The available insurance coverage often influences compensation. Damages awarded to a truck accident victim in Newfoundland typically cover the following losses:

General damages (pain and suffering) – awarded to compensate for physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by the accident and resulting injuries.
Loss of Valuable Services – awarded to compensate for the impact the resulting injuries have had on a victim’s ability to complete household duties, such a home maintenance and family care.
Medical Expenses – awarded to compensate for past, current, and future medical expenses related to injuries sustained in the accident, including hospital bills, surgeries, medications, rehabilitation, and ongoing medical care.
Lost Wages – awarded to compensate for wages or income lost due to inability to work as a result of injuries from the truck accident, including past and future lost earnings, diminished earning capacity, and lost opportunities for advancement.

In the tragic event that a truck accident in St. John’s is fatal, the victim’s family may be able to initiate a wrongful death lawsuit under the Newfoundland Fatal Accidents Act. When a family member initiates a wrongful death lawsuit due to the loss of a loved one in a truck accident, they may seek compensation for medical expenses incurred by the deceased before their passing, funeral expenses, and loss of companionship. There are some limitations on which family members can bring this kind of claim, and what can be claimed. It is always a good idea to speak to an experienced wrongful death lawyer to understand the nuances of these kind of claims.

Common Factors Leading to Truck Accidents

Our team at NOVA Injury Law has unfortunately witnessed numerous instances of how truck accident injury cases unfold. We’ve repeatedly observed the following common factors contributing to truck accidents in Newfoundland:

Fatigue: Long hours on the road can lead to driver fatigue, impairing reaction times and increasing the risk of accidents.
Impaired driving: Truck accidents can occur due to drivers operating under the influence of alcohol, drugs, or prescription medication.
Distracted driving: Distractions such as cell phones, navigation systems, or eating while driving can lead to accidents.
Speeding: Excessive speed, especially on highways, can result in loss of control and collisions.
Unsafe lane changes: Failure to check blind spots or signal properly when changing lanes can lead to accidents.
Tailgating: Following other vehicles too closely reduces reaction time and can lead to rear-end collisions.
Improper loading: Cargo that is not properly secured or loaded can shift during transit, leading to loss of control or rollover accidents.
Equipment failure: Malfunctioning brakes, tires, or other mechanical issues can contribute to accidents.
Inexperienced drivers: Lack of training or experience in handling large commercial vehicles can increase the risk of accidents.
Adverse weather conditions: Snow, ice, rain, or fog can create hazardous driving conditions, increasing the likelihood of accidents involving trucks.

These factors underscore the importance of safe driving practices, proper maintenance, and adherence to regulations to prevent truck accidents on Newfoundland roads. Our experienced team understands these complexities and is committed to advocating for victims of truck accidents to ensure they receive the compensation they deserve.

Establishing Liability in Truck Accidents

Proving liability is crucial for obtaining compensation for your injuries from a truck accident. Establishing liability can be challenging in any personal injury claim, but particularly so in truck accidents because multiple parties could be held responsible. Depending on the circumstances of the incident, an individual injured in a truck accident may have the option to pursue legal action against any of the following parties:

Truck operator: both private and commercial drivers are legally obliged to operate their vehicles safely and responsibly. Commercial drivers typically face heightened standards of care due to their professional status. If the trucker’s reckless or negligent actions resulted in the accident causing your injuries, you may have grounds to hold them accountable.
Trucking firm: the company employing the truck driver during the accident may be held accountable for their employee’s negligent or reckless conduct if it occurred within the scope of their employment. In certain instances, the trucking company might be responsible for hiring or retaining a driver with a history of unsafe behavior, or for mandating a driver to continue operating while fatigued, for instance.
Owner of truck and trailer: occasionally, the truck and trailer are owned by separate entities. If the equipment has been inadequately maintained, the owner may bear responsibility for the accident.
Owner of cargo: a cargo owner could be held accountable in a truck accident, especially if the cargo, particularly hazardous materials, was inadequately secured.
Cargo loading company: if a distinct cargo loading company incorrectly loaded the truck, leading to a crash, they may be held legally responsible for any ensuing injuries.
Truck manufacturer: a manufacturer may be held accountable if a faulty part is determined to have caused the accident or exacerbated injuries beyond what would have occurred otherwise.

Understanding the cause of the accident is essential for determining liability. Our experienced personal injury lawyers at NOVA Injury Law will conduct a comprehensive investigation into the accident to determine who is liable. We collaborate with experts to reconstruct the events leading up to the accident, scrutinize maintenance records, examine photos from the accident scene, and interview witnesses. The evidence gathered during this investigation aids us in understanding how and why the truck accident transpired, enabling us to identify the responsible parties.

It’s possible that multiple parties could bear responsibility for your injuries. While this might add complexity to your claim, rest assured, we are committed to tirelessly advocating on your behalf to ensure you receive full compensation. We are equipped with the experience and resources to help you recover the compensation you rightfully deserve.

Evidence Used in Truck Accident Claims

Following a truck accident, individuals injured face the challenge of gathering evidence to establish both the accident’s cause and the extent of their injuries. To aid in this process, the truck accident lawyers at NOVA Injury Law in St. John’s can conduct thorough investigations to gather relevant evidence.

Common evidence used in truck accident injury cases includes:

Police reports;
Witness statements;
Photographs and videos of the accident scene;
Cell phone records;
Medical records and bills;
Photographs of resulting injuries;
Data from the truck’s electronic logging device or black box;
Truck maintenance and inspection records;
Driver qualification and training records;
Trucking company safety records and compliance records;
Accident reconstruction reports; and
Expert testimony.

This evidence is crucial in building a strong case to pursue compensation for truck accident injuries.

Frequently Asked Questions

(1) How long after an accident can you make a claim in Newfoundland?

In Newfoundland, the general limitation period for filing a personal injury claim, including those arising from truck accidents, is two years from the date of the accident. However, there could be circumstances in which the two-year deadline could be shorter, or extended. It is crucial to consult with a legal professional to understand the specific details and any exceptions that may apply to your case.

(2) How long does an insurance company have to settle a claim in Newfoundland?

In Newfoundland, there isn’t a specific statutory timeframe within which an insurance company must settle a claim. However, insurance companies are generally expected to handle claims promptly and fairly. If there are delays or disputes in the settlement process, the insured individual can seek assistance from regulatory bodies or legal avenues to address the matter. It’s advisable to consult with a lawyer experienced in insurance claims to understand your rights and options regarding the settlement of your claim in Newfoundland.

(3) How much are truck accident settlements?

Determining the exact amount of a truck accident settlement in Newfoundland can vary significantly depending on various factors such as the severity of injuries, medical expenses, and economic loss. Settlement amounts can range from thousands to millions of dollars, depending on the circumstances of the case. Our qualified personal injury lawyers at NOVA Injury Law can assess your situation and advise what may be a fair and reasonable settlement amount for your specific case.

(4) What compensation am I entitled to if I am the at-fault driver?

If you are the at-fault driver in a truck accident in Newfoundland, you may still be entitled to certain benefits under your own insurance policy. These benefits typically include:

Accident Benefits: Regardless of fault, you are usually entitled to accident benefits under your own insurance policy. These benefits can include medical expenses, rehabilitation costs, income replacement benefits if you are unable to work due to injuries, and other expenses related to your recovery.
Property Damage Coverage: Depending on your policy, you may have coverage for damage to your vehicle. This coverage may include repairs or replacement of your vehicle, minus any deductible you have agreed to pay.
Third-Party Liability Coverage: Your insurance policy may also provide coverage for damages and injuries caused to other parties involved in the accident. This coverage can help protect you from lawsuits filed by other drivers or passengers seeking compensation for their injuries or property damage.

It’s important to review your insurance policy carefully and consult with your insurance provider to understand the specific coverage and benefits available to you as the at-fault driver in a car accident in Newfoundland. Additionally, seeking legal advice from a qualified lawyer can help you navigate the claims process and protect your rights.

Talk to a St. John’s Truck Accident Lawyer Today!

Curious about pursuing a truck accident claim but uncertain about the viability of your case? The experienced truck accident lawyers at NOVA Injury Law are available to evaluate your claim and advise you on the best course of action tailored to your specific circumstances.

Operating on a contingency-fee basis, our firm ensures that you only pay for our services if and when we successfully recover compensation for you. Reach out to us today for a complimentary case evaluation. Our lawyers are approachable and eager to learn about your situation.