Truck Accident Lawyers Toronto - Howie Sacks & Henry LLP

Trucks account for less than five percent of all motor vehicles in the country, but their sheer size makes their presence on Canada’s roads and highways undeniable. About 750,000 medium and heavy trucks (defined as weighing 4,535 kilograms or more) transport more than 65 million shipments of manufactured goods and natural resources each year. While crucial to our economy, sharing the road with these enormous vehicles can be tremendously unnerving for other drivers, especially because medium and heavy trucks are significantly more likely to be involved in accidents that result in injuries and fatalities.

In any accident involving a large commercial truck—whether collisions, wheel separations, lost loads, or other falling parts—smaller motor vehicles, cyclists, and pedestrians are likely to come out on the losing end. The resulting injuries are often catastrophic. Truck drivers involved in both single-vehicle and multi-vehicle accidents can also sustain serious injuries depending on the site of the collision and the speed at which they were traveling.

A serious and debilitating injury is life changing. Coming to terms with your losses and the prospect of recovery can be difficult. The added worry of complex legal proceedings involving multiple defendants and jurisdictions, and battling transportation companies that use deep pockets to vigorously contest claims, may cause you to lose hope that you’ll be able to get the compensation you deserve.

But Howie, Sacks & Henry LLP wants to show you that Hope Starts Here. Our truck accident lawyers have extensive experience with various aspects of the law relating to truck accidents, a proven record of managing actions involving provincial, national, and international jurisdictions, and a reputation for providing our clients with the compassionate and attentive care they need and deserve.

At A Glance

Accident Benefits: Anyone involved in a truck accident in Ontario is eligible to receive accident benefits regardless of fault.
WSIB Benefits: Injured truck drivers may be asked to draw on benefits from the Workplace Safety & Insurance Board’s (WSIB) program instead of the more generous Statutory Accident Benefits Schedule (SABS).
Comprehensive Support: HSH LLP helps Canadian and international truck drivers and all other truck accident victims obtain the accident benefits and compensation they need and deserve for their injuries.

How Do Truck Accident Claims Work In Ontario?

Every person involved in a motor vehicle accident in Ontario is eligible to make a claim for accident benefits, even if they were wholly or partially at fault for the accident. These benefits include funds for:

Medical and rehabilitation
Income replacement
Non-earner benefits
Caregiver benefits
Housekeeping and maintenance

The province’s Statutory Accident Benefits Schedule (SABS) outlines the amount of benefits a person can claim based on the severity of their injuries or disability. To access the most generous tier of benefits, an applicant will require a catastrophic injury designation. In some cases, it is clear an applicant meets the requirements for this designation. But in cases where the prognosis is uncertain or the level of disability is near the threshold for this designation, a truck accident lawyer will need to build a strong case to convince the SABS insurer to offer a fair settlement or win a judgment from the court.

To begin the application process for these benefits, an injured person would first contact their own motor vehicle accident insurance provider or, if necessary, the insurer of another vehicle involved in the accident to announce their intention to file a claim. Certain Ontario Claims Forms (OCF) need to be filled out and returned to the insurer. It is important to be aware of the timelines to apply and deadlines to notify an insurer of a potential claim and return all necessary documents.

Can A Truck Driver Receive SABS Even If They Qualify For Worker’s Compensation?

Although SABS is available to anyone involved in a motor vehicle accident in Ontario, domestic truck drivers should be aware of an exception that could affect their claim. If you sustain injuries in a truck accident while on the job and you are an Ontario resident, generally you must claim accident benefits through the Workplace Safety & Insurance Board’s (WSIB) program. Unfortunately, SABS benefits are usually superior to the WSIB equivalent. Non-Ontarian Canadian truck drivers and foreign truck drivers are most likely entitled to claim SABS, which are generally much more lucrative than comparable benefits programs in their home province or state.

There are some grey areas that may allow an Ontario truck driver to opt out of WSIB. For example, if the truck driver was not “on the job” at the time of the accident, they may be able to advance a successful SABS claim. If another driver is wholly or partially at fault for the accident and you intend to make a tort claim for damages, you may be able to elect to access SABS benefits rather than WSIB benefits.

Many trucking companies ask drivers to work as “independent contractors” to avoid having to pay into workers’ compensation programs. A driver who is an independent contractor would also be eligible to receive SABS. However, it is ultimately Ontario’s Workplace Safety and Insurance Appeals Tribunal that will decide whether an individual should be considered an independent contractor. This Tribunal will consider several criteria, including:

The degree of control of the employer over the individual
How contracts define the work relationship
The responsibility for route selection
Ownership of equipment

How Do Our Truck Accident Lawyers Help With Your Claim?

While most people can fill out the OCF documents on their own, if you have questions about them, a member of the HSH LLP truck accident team can always review them with you. Our knowledgeable team can help you avoid common errors, including:

Incomplete or incorrect information on forms
Choosing the wrong income replacement benefit
Providing unnecessary information

If an insurer rejects your application or disputes the nature of your injuries, they may invite you to appeal their decision. However, it is virtually always better to consult with an experienced truck accident lawyer before deciding whether to use the insurer’s internal appeals process or to file notice of a claim in court. The latter option allows a truck accident lawyer to begin negotiating a settlement on your behalf.

Our firm also represents truck accident victims in coverage disputes if there is a contested issue about whether an injured truck driver should receive WSIB or SABS benefits.

When Another Driver Is At Fault

While accident benefits are available to everyone involved in the truck accident, regardless of fault, accident victims can also file a tort claim for damages against the insurer of an at-fault driver, even if the accident victim bears some fault for the accident.

Tort claims are often necessary if you have been seriously or catastrophically injured. While accident benefits will usually cover some of your expenses, a third-party claim against the at-fault driver’s insurer can ensure you will have access to funds necessary for your recovery once your accident benefits are exhausted.

Accident victims who reside out of the province or in another country may also be able to file a tort claim against an at-fault driver’s insurer in Ontario, even if they elect to receive accident benefits or WSIB benefits from their home province or state. As a firm that has developed a strong reputation for representing “snowbirds” who travel outside of Canada, we have significant experience handling cross-border legal issues.

Your Trusted Truck Accident Lawyers

Whether you are a truck driver, the driver of another motor vehicle, or another road user, being involved in a serious truck accident can be a pivotal moment in your life. As you contemplate an uncertain future, you should know that you don’t have to face the challenges ahead alone.

HSH LLP’s truck accident lawyers are ready to listen to your story with empathy, clearly explain your rights and options, and answer any questions you may have. If we believe we can help you access accident benefits and/or other compensation for your injuries, we would be honored to become your trusted advocate and legal representative.

Consistently named by our peers as one of Canada’s top personal injury firms, HSH is renowned for our ability to handle even the most complex legal matters while never losing sight of our client’s needs and how recovering from a serious injury is about much more than numbers on a ledger.

If you or a loved one have been injured in a truck accident and you are ready to begin rebuilding your life, choose an HSH truck accident lawyer to be on your side and by your side during this journey.

HSH is proud to be a member of The Association of Plaintiff Interstate Trucking Lawyers of America (APITLAmerica).

To learn how we can help you on your road to recovery, contact us today.