Burlington Truck Accident Lawyer – Commercial Truck & 18‑Wheeler Crash Experts in Ontario
Burlington is located along some of Southern Ontario’s busiest transportation routes, including the QEW, Highway 403, and Highway 407, carrying heavy commercial traffic between Toronto, Hamilton, and the U.S. border. Local roads such as Guelph Line and Fairview Street also experience heavy truck traffic due to nearby industrial and shipping centres. The combination of conditions makes Burlington a hotspot for serious truck accidents.
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ToggleIf you have been injured in a truck collision, working with a truck accident lawyer in Burlington can help you sort out the legal and compensation side of your situation. I invite you to reach out to my law firm, Derek Wilson Injury and Disability Law, for a free consultation to review what your options may be for securing compensation.
Why Choose Derek Wilson Injury and Disability Law for Truck Accident Claims?
When you’re injured, you don’t want your case shuffled around a large firm with rotating staff. At Derek Wilson Injury and Disability Law, you get one lawyer, one relationship: me, Derek Wilson. I will personally handle your claim from start to finish.
Since I practise only personal injury and disability law, I bring a depth of focus and expertise you won’t find at generalist firms. And with over 30 years of experience, including years working inside the insurance world defending claims, I know how insurers think and use that to your advantage. With 5-star reviews on Google and client reviews that praise my firm’s care and results, you can be sure you’re in good hands.
Common Causes of Truck Collisions in Burlington
Truck collisions in Burlington often result from a mix of human error, environmental factors, and mechanical failures. The pressure to meet tight schedules can push some truckers past legal hours-of-service limits or may encourage them to speed.
Trucks are large, heavy, and less forgiving of sudden stops, so when a driver misjudges braking distance, the results can be catastrophic. Improper truck maintenance is another frequent factor contributing to accidents, especially when brake pads and tires wear down and fail unexpectedly on the road.
Add Burlington’s rain, snow, or slush, and slick road surfaces reduce traction and increase stopping distances. In construction zones, narrow lanes and shifting patterns further heighten risks. On major roads like Guelph Line, the QEW, or Dundas Street, heavy commercial vehicle traffic mixes with local commuter traffic, increasing the chance of collisions. Finally, improperly loaded or unsecured cargo can shift during transit and destabilize a trailer or cause it to jackknife.
Types Of Truck Accident Cases We Handle
At my firm, I take on the full spectrum of truck accident cases, tailoring my strategy to the unique risks in each matter. I have worked on:
- Rear-end collisions.
- Jackknife or rollover accidents.
- Lane-change or blind spot collisions.
- Underride or side-impact crashes.
- Cargo shifting accidents.
- City truck crashes, including recycling truck crashes.
- Brake, tire, or mechanical defects.
- Pedestrian collisions involving trucks.
- Multi-vehicle pile-ups.
- Fatal truck accidents.
Each case involves complexities, and my law firm has the experience and the network of experts to help find all liable parties so we can pursue fair compensation for your losses.
Proving Negligence
To succeed in a tort claim, you must establish that the at-fault parties owed you a duty of care, breached it, and that breach directly caused your losses. In truck accident cases, proving negligence often involves sophisticated evidence gathering and accident reconstruction. We will often secure and analyze black box or electronic logging device data, maintenance logs, driver logs, weigh-station or GPS records, dashcam and CCTV footage, witness statements, and expert reports to determine what caused your accident.
Accident reconstruction experts help us determine speed, angles of impact, braking distances, and fault allocation. Because defendants and insurers often dispute your version of events, we may need to rebut spoliation of evidence, challenge witness credibility, or demonstrate that the trucking company failed in its training, supervision, or maintenance duties.
Frequently Seen Injuries and Damages After Truck Accidents
Common injuries include whiplash and soft tissue trauma, road rash and skin abrasions, fractures and broken bones, traumatic brain injury (TBI), spinal cord injury, internal organ damage, nerve damage, amputations, and more. Emotional trauma such as PTSD is also common.
Truck accidents in Burlington can also leave survivors facing intangible losses that are harder to measure but just as life-altering. The loss of enjoyment in everyday activities, changes in family dynamics, or the inability to return to hobbies or community roles can deeply affect quality of life.
How Compensation Works in Ontario Truck Accident Claims
When a truck collision occurs in Ontario, injuries are addressed under a no-fault insurance system and the Ontario Accident Benefits system first. These statutory accident benefits can cover:
- Medical and rehabilitation expenses.
- Attendant care or caregiving costs.
- Income replacement if you cannot work.
- Non-earner benefits if you were unemployed at the time of the crash.
- Housekeeping and caregiving assistance.
- Funeral and death benefits, in fatal cases.
However, benefits are subject to coverage limits and eligibility rules, so early application matters.
You may have additional insurance, too. For example, you may have short-term or long-term disability insurance through work or a private plan. If you can’t work because of your injuries, this can cover some of your costs. You may have additional benefits and types of insurance that can cover you as well.
If your injuries are serious and you qualify, you can move beyond benefits and bring a tort claim against the at-fault parties for additional compensation. It is in this claim that fault, liability, and damages such as pain and suffering, loss of capacity, and non-insurable losses are considered.
What Should I Do First After a Truck Accident in Burlington?
First, check yourself and others for injury and call 911 if needed. When safe, move to a secure location off the roadway if possible, but don’t leave the scene. Call the police and report the crash. Take photos or video of all vehicles, skid marks, road signage, traffic lights, and the immediate environment. Collect names and contact information of witnesses.
It is also essential that you report the collision to your insurer within seven days, even if the other party seems obviously at fault. Failing to notify may jeopardize your access to Ontario Accident Benefits under the no-fault insurance regime.
You should also seek medical attention promptly. Even if your injuries seem minor and don’t warrant a 911 call, you might have internal injuries, whiplash, or symptoms of traumatic brain injury (TBI) or a spinal cord injury that appear later.
Keep careful records of your medical care and treatment. Don’t admit fault or make detailed statements to the trucking company’s insurer; direct all communications to your lawyer. Contacting me for a free consultation early is wise. I can advise you on insurer deadlines and gather evidence before it is lost or destroyed.
What Are the Timelines to File Claims or Lawsuits in Ontario?
You generally have two years from the date of the accident to file a tort claim. If you miss that deadline, the courts will almost certainly reject your lawsuit. However, there may be exceptions. For example, if you did not immediately know you were injured, the clock may start ticking until you are diagnosed.
The deadlines for insurance claims are different. Within 7 days of the collision, you must inform your own insurer of the accident to begin your statutory accident benefits application. If your insurer denies your car accident claim or denies your short-term or long-term disability claim, there is another deadline for filing a claim against the insurer.
Since there are different deadlines as well as exceptions, the best strategy is to begin early. When you work with me and my law firm, I will keep you informed of all deadlines, so you never miss out on the opportunity to secure compensation.
How Do Insurers Determine Settlements for Catastrophic Injuries?
When injuries are severe, insurers closely scrutinize causation, prognosis, and financial exposure. Their settlement offers often start low, challenging your proof and assumptions. Here’s how the process typically plays out:
- Medical and rehabilitation reports. Insurers demand detailed, independent medical opinions, rehabilitation assessments, estimates of future care needs, and other documentation. They may base their settlement offers in part on this information.
- Economic calculations. Insurance companies will estimate your past lost income, projected future lost income or capacity, and discount to present value.
- Experts and life expectancy. Actuarial or vocational experts can help determine your life expectancy, ability to return to work, or need for lifelong assistance.
- Comparative negligence reduction. If insurance companies argue that you share fault for the accident, they reduce the offer accordingly under comparative negligence.
- Settlement formulas. Insurers often rely on internal valuation grids or comparators from prior cases, then subtract their perceived risks and legal costs.
When your case is strong, I push for mediation or negotiation. If the insurer refuses to offer a fair settlement, I prepare to take it to trial.
What To Expect from the Legal Process
When you contact my office, I begin with a free consultation to understand what happened and to explain how Ontario’s system works. From there, I take immediate steps to protect your rights, including notifying insurers before insurer deadlines expire and beginning early evidence gathering.
I take care of the negotiations with insurers, seeking fair compensation for you, and will even take your case to court if that is what is needed. I keep you informed every step of the way, answering your questions and making sure you understand what is going on.
I can help with disability claims, too. If you are denied your rightful long-term or short-term disability benefits or if your employer or insurer tries to cut off benefits or pressures you to return to work before it is safe to do so, I can help you fight back and can seek to restore your benefits.
Understanding Legal Fees
At Derek Wilson Injury and Disability Law, I work strictly on a contingency fee basis. This means you don’t pay anything upfront. My payment comes only if I succeed in securing compensation for you. This approach allows you to focus on your recovery without the stress of mounting legal bills.
I also make sure my clients understand the fee structure clearly from the beginning. Transparency is a core value here. I provide a written retainer agreement that explains percentages and outlines any potential disbursements. You’ll never be surprised by hidden costs.
Seeking Maximum Compensation
In a truck accident, damages can be devastating. A fully loaded transport truck can weigh 20 times more than a passenger car, meaning even “minor” collisions can cause life-altering harm. Seeking maximum compensation is not being greedy. Fair compensation is often the difference between financial distress and being able to pay for necessary bills and medical care.
Medical Expenses and Damage Recovery
Medical recovery after a truck accident can be long and difficult. Injuries often require months or even years of care, and while some of these costs are covered by Ontario’s statutory accident benefits and OHIP, not all costs are covered. Depending on your situation, you may still need to pay for:
- Ambulance and transport to the ER.
- Physiotherapy and chiropractic care.
- Occupational therapy and other rehabilitation services.
- Psychological counselling.
- Prescription medication.
- Assistive devices.
- Home modifications for accessibility.
- Long-term rehabilitation programs.
You may also need to pay for property damage and other costs. You may be able to seek compensation for these costs as well as pain and suffering.
Get Started Today — Free Case Evaluation and Next Steps
If you or a loved one has been injured in a truck accident in Burlington or the wider Hamilton–Burlington regional area, reach out today for your free consultation.
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HOW IT WORKS
After sustaining a personal injury, it can be confusing and overwhelming to understand which benefits you may be entitled to. Whether you have suffered from a wrongful death in the family, been in a car accident, suffered a spinal cord injury or been injured from someone else’s negligence, our Hamilton personal injury law firm is here for you.
It is important to speak with a personal injury lawyer as quickly as possible to help you understand your rights. We are here to help. Plus, we like what we do and we make our process as simple as possible. I will help you understand your rights and get you the compensation you deserve to help you on the road to recovery.
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