New Brunswick Truck Accident Lawyers

Most freight moving into the Maritimes rolls through New Brunswick on Route 2. The trucks that crash here often belong to carriers based somewhere else, regulated federally and insured commercially. A New Brunswick truck accident lawyer names the driver, the carrier and the owners of the rig, preserves the carrier’s electronic records, and files in the Court of King’s Bench within two years.

The Deadline Is Two Years From Discovery

The Limitation of Actions Act, SNB 2009, c L-8.5 gives two years from the day the claim was discovered, which for a highway crash is the crash date, with a fifteen-year outer wall. The clock is paused while the injured person is a minor. Two years sounds generous. The carrier’s records are not kept that long, so the working deadline is measured in weeks.

The Defendants Are the Driver, the Carrier and the Owners of the Rig

New Brunswick law makes a vehicle’s owner answer for the driver’s negligence, and the tractor and trailer can have different owners. The carrier answers as the employer. A maintenance shop answers for a failed repair, and a shipper for an unsecured load. Each carries commercial coverage with limits well above a private policy, which is what a serious injury claim needs. All of them go into one statement of claim.

A New Brunswick Truck Accident Lawyer Gets the Carrier’s Records Before They Are Overwritten

A carrier hauling across provincial lines answers to the federal hours of service rules, recorded on electronic logging devices, and to National Safety Code standards for inspections and driver files. The preservation demand goes out the week the file opens: logging device data, engine event data, dashcam, GPS, dispatch, the driver’s file and the maintenance history. The police reconstruction file is requested at the same time. A driver over hours or a trailer overdue for inspection usually decides fault.

Section B Pays First and the Cap Rarely Matters in a Truck Crash

Every New Brunswick auto policy includes Section B benefits, which pay medical costs and a weekly income amount regardless of fault, so that claim starts immediately. The minor personal injury cap limits pain and suffering only for injuries that fit the Injury Regulation’s definition, and the injuries a transport truck causes rarely do. Section 265.2 of the Insurance Act, RSNB 1973, c I-12 cuts damages by 25 percent where the plaintiff was not wearing a seatbelt and that contributed to the injury. The full set of vehicle claim rules is on the New Brunswick car accident page, and the truck-specific issues on the truck accident hub.

Claims Are Filed in the Court of King’s Bench

The action goes to the Court of King’s Bench of New Brunswick, Trial Division, usually before a judge alone. Discovery of the carrier’s safety practices is where these cases are won. The Moncton office and the Saint John office take truck claims from the whole province.

The Trucking Company Is Based in Ontario.

The claim is brought in New Brunswick because the crash happened here. The federal safety rules travelled with the truck, and the carrier’s insurer defends here routinely.

I Was Driving for Work When the Truck Hit Me.

WorkSafeNB likely covers you, and a covered worker cannot sue their own employer. The claim against the truck driver and the carrier is separate and usually proceeds. We sort out both systems so the benefits and the lawsuit do not collide.

No Fee Unless the Claim Resolves

There is no fee unless the claim resolves. Start with the contact page, and see the other claim types under injury law areas.