Truck Injury

Catastrophic injuries from trucks and tractor-trailer collisions in Ontario are an ongoing problem. Every year, the Ministry of Transportation releases its Ontario Road Safety Annual Report. This Report confirms that trucks and tractor trailers continue to be one of the leading causes of severe injuries on the roads in Ontario.

Every year, collisions involving large commercial vehicles result in over 100 catastrophic injuries in Ontario. The province has put in place measures to try and bring this number down with limited success. By 2022, truck and tractor trailer crashes were the most common cause of catastrophic injuries on Ontario roads. Collisions involving a truck or tractor trailer are rarely considered “minor” collisions. While these crashes make up only 8% of collisions in Canada, they account for 20% of all road user catastrophic injuries. From 2012 to 2021, 85% of people catastrophically injured in truck and tractor trailer collisions were not in the truck. 70% were occupants of other vehicles and 15% were pedestrians or cyclists. It is unfair to say that truck drivers are solely responsible for these worrying statistics. However, in 2022, of the 2,858 charges laid by the OPP in truck and tractor trailer collisions, 63% of those charges were issued to the truck driver. Though the province has tried to ensure adequate training for drivers, it appears that these efforts have not had the desired impact.

So what steps can you take to reduce your risk of getting tangled up with one of these 35,000-pound behemoths?

• Remember that the stopping distance of trucks and tractor trailers is much longer than a regular car. When road conditions and visibility are poor, the stopping distance of a truck is even more of an issue. Drivers should always ensure that there is enough space between themselves and the truck to ensure the truck can stop in time. If a truck or tractor trailer is following too closely, move aside and let the vehicle pass.
• Trucks and tractor trailers have much larger blind-spots than conventional passenger vehicles. If you can’t see the driver’s face in one of their mirrors, then they can’t see you. Wherever possible, try to avoid driving in these blind-spots.
• Trucks create strong wind turbulence, particularly on highways when travelling at a high rate of speed. These winds can make it difficult to control your vehicle, so be mindful of this when you pass a truck or a truck seeks to pass you.

Drive defensively around trucks and tractor trailers. If you’re involved in a collision with a truck or tractor trailer, the chances of serious injury or catastrophic injury are high. So make sure to take commonsense steps to ensure you’re visible to the driver and you have left them with enough room to stop and avoid a collision. In Ontario, Canada, truck and tractor-trailer accident injuries are governed by a combination of common law principles and specific statutory provisions. Victims of truck and tractor-trailer collisions can seek compensation for their injuries through a negligence claim. The injured party (plaintiff) must prove that the truck driver (defendant) owed them a duty of care, breached that duty, and caused injuries as a result of the breach.

Statutory Provisions

1. Highway Traffic Act, R.S.O. 1990, c. H.8
   • Section 130: Careless driving
     • This section prohibits driving without due care and attention or without reasonable consideration for other persons using the highway. A driver found guilty of careless driving may face fines, demerit points, and potentially imprisonment.
     • “Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway.”
2. Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25
   • Section 2: Requirement for insurance
     • All motor vehicles operating in Ontario must have valid insurance coverage. This ensures that victims of accidents, including tractor-trailer collisions, can claim compensation through insurance.
     • “No owner or lessee of a motor vehicle shall operate the motor vehicle, or cause or permit it to be operated, on a highway unless the motor vehicle is insured under a contract of automobile insurance.”
3. Insurance Act, R.S.O. 1990, c. I.8
   • Section 268: Accident Benefits
     • This section outlines the statutory accident benefits available to all victims of motor vehicle accidents, regardless of fault. These benefits include medical and rehabilitation benefits, income replacement benefits, and attendant care benefits.
     • “The insurer of an automobile required to be insured under a contract evidenced by a motor vehicle liability policy shall provide the following benefits in respect of an insured who sustains an impairment as a result of an accident…”
4. Occupational Health and Safety Act, R.S.O. 1990, c. O.1
   • Section 25: Duties of Employers
     • Employers have a duty to ensure that their employees, including truck drivers, operate vehicles safely and follow all applicable safety regulations.
     • “An employer shall ensure that the equipment, materials and protective devices as prescribed are provided and maintained in good condition.”

Liability and Compensation

Victims of tractor-trailer collisions can seek compensation through:

• Tort Claims: Filing a lawsuit against the at-fault driver and/or the trucking company for damages, including pain and suffering, loss of income, medical expenses, and more.
• Accident Benefits Claims: Accessing statutory accident benefits through their own insurance policy or the policy of the vehicle they were in at the time of the accident.

Changes to Ontario’s auto insurance system have affected the claims process for accident benefits. If you have been injured in a truck or tractor-trailer collision, contact our accident injury lawyers immediately for a free consultation to explore your options.