The police in Ontario have provided personal injury lawyers with at least one fact that relates to truck collisions. One out of every 5 crashes take place in a spot where some type of commercial truck is present. Sometimes, that collision results in the death of another driver.
The legal system recognizes the unfairness of such an act, especially if it has been caused by some person’s negligence. For that reason, the grieving family would have the right to seek compensation, as specified in The Family Act.
Which of the family members would be entitled to the compensation funds?
• The spouse of the deceased;
• Any children of the deceased;
• The parents of the deceased;
• The grandchildren of the deceased;
• The grandparents of the person that was killed by the truck;
• Any brothers and sisters of the person that was killed by the truck.
What losses could get compensated by means of any money awarded to the family in a lawsuit?
• Any money that was spent on behalf of the family member that was killed;
• Money used to cover the cost of funeral and burial expenses;
• Cash spent before the loved one’s death, when the relative traveled to the city where the victim/loved one was bedridden, and seemingly not about to recover.
• Reimbursement for the amount of time that a given relative spent delivering care to the injured victim.
• Compensation for any loss of companionship, care and guidance that one or more of the relatives suffered, following the accident-caused death of a loved one.
• There is no compensation for emotional distress; still, a grieving relative might get compensated for the cost of using counseling services.
Who could be held responsible for the collision?
The driver might be held responsible, if he was speeding, driving while distracted, driving while drowsy, driving recklessly or driving while under the influence of drugs or alcohol.
The trucking company could be blamed for the accident, if it had knowingly given the driver a vehicle that was not in good condition. By the same token, the trucking company could be blamed if it had pushed the driver to meet an unrealistic schedule, causing him to driver for an extended number of hours, or to speed.
Finally, a business that inspected and repaired trucks might have to compensate the grieving relatives. That could be the case, if the same business had performed a sloppy repair job or a cursory inspection. If it unknowingly used a defective part, the part-maker could be held at least partially liable. Thus, it helps to seek the expert advice of a Personal Injury Lawyer in Lindsay.