A truck accident doesn’t just damage a vehicle—it can disrupt your entire life. One moment you’re going about your day, and the next you may be injured, feeling overwhelmed, and trying to make sense of Alberta’s insurance system.
At Litco Law, we are here to listen, explain your options in plain language, and offer free legal information so you don’t have to sort through everything alone. If you’re hurt and unsure what your options are or what to do next, our team can help guide you with clarity, compassion, and steady support during your consultation and, if you decide to work with us, at every step of your claim.
What Determines Liability in an Alberta Truck Accident?
If a person or company’s action, or lack of action, seems to have contributed to an accident, then they may be responsible for the losses, otherwise known as “damages,” that another party has experienced as a result of that accident. This responsibility is commonly referred to as “liability,” and it generally comes from actions, or inaction, that are considered “negligent.” Some examples of things that could be considered negligent, and might lead to a finding of liability against a person or company include:
- Speeding
- Distracted driving
- Tailgating
- Improper cargo loading
- Failing to complete required inspections
- Ignoring unsafe road or weather conditions
Commercial drivers and trucking companies must meet numerous provincial and federal safety requirements. These regulations exist to reduce risk, and failing to follow them by missing inspections, improperly loading cargo, or breaching driving-time rules may be considered negligence. People or companies who are found to be negligent are often liable for the damages that another party has experienced as a result of that accident.
Who Can Be Held Liable in an Alberta Truck Accident?
Truck accidents often involve multiple contributing factors, which means that several different individuals or entities may share liability. Since liability often determines which insurance policies apply and what compensation is available, identifying each liable party is an important step when filing an injury claim, but a knowledgeable team of personal injury lawyers can help you navigate this process.
Many different people and companies could be liable for an accident and its effects. Some examples are:
- Truck driver
Commercial drivers may be held liable when their actions behind the wheel, such as distracted driving, fatigue, speeding, or impairment, lead to an accident. - Trucking company
Companies are often responsible for enforcing a safe work environment through safety training and protocols, and hours-of-service limits. When companies cut corners on maintenance, overlook mechanical issues, or pressure drivers to meet unrealistic deadlines, they may share liability. - Cargo loading company
Unsecured or overloaded cargo can cause rollovers, jackknifes, and lost-load incidents. When a third-party loading company fails to secure freight safely, they may share liability for the resulting harm. - Truck or parts manufacturer
Mechanical failures, such as defective brakes or tire failures, may indicate a manufacturing or design issue. If a defect contributed to an accident, the manufacturer or distributor may be liable. - Maintenance contractors
Some commercial vehicles are serviced by outside companies. If improper repairs, skipped inspections, or poor maintenance contributed to the collision, these contractors may also be liable. - Other drivers
Sometimes, another driver’s unsafe actions, such as cutting off a truck, tailgating, or making sudden lane changes, trigger a chain reaction that leads to a truck accident. In these situations, liability may be shared.
Truck accidents can be complex, and investigations may reveal that more than one party played a role in causing the accident. A careful review of the evidence helps determine who may be responsible and how liability should be divided.
How Fault Is Determined in Alberta Truck Accidents
Fault in Alberta is determined by examining how each person or company contributed to an accident. When determining if a person or company may be liable for damages as a result of an accident, evidence, such as traffic violations, logbooks, cargo records, maintenance reports, and witness statements, must be reviewed. Laws surrounding truck driving, such as those contained in Alberta’s Traffic Safety Act and Insurance Act, also may be considered..
Alberta also follows a “contributory negligence” model. Contributory negligence is where more than one party may be liable for an accident, which means liability could be shared between those parties. Each party may be assigned a percentage of liability based on their role in the accident. If more than one person or company contributed to the collision, liability may be divided between the persons or companies, and the compensation available through an injury claim could be adjusted to match those percentages.
How Truck Accident Liability Is Proven
Liability in an accident must be demonstrated with solid evidence, and commercial truck accident claims often involve more documentation than a standard motor vehicle accident. While this can mean there is more information that is potentially relevant, it also means carefully identifying which evidence matters most.
Key evidence in truck accident claims can include:
- Driver logbooks and hours-of-service records
- Maintenance files and repair histories
- Electronic control module (ECM) or black box data
- Pre-trip and post-trip inspection reports
- Cargo loading records and weight documentation
- Evidence suggesting a person was distracted while driving their vehicle
- Dash-cam video or surveillance footage
- Police reports and collision reconstructions
- Witness statements and expert opinions
Sorting through this kind of evidence can feel overwhelming, especially when you’re already coping with injuries, appointments, and day-to-day stress. When you choose to work with Litco Law, we’ll take care of gathering, analyzing, and organizing the documentation needed to demonstrate how the accident occurred and identify who is liable. We’re here to answer your questions about liability and ensure you have the information you need to feel supported, and you won’t pay us anything while your claim progresses.
What If You’re Found at Fault in an Alberta Truck Accident?
After an accident, it’s common to worry that you may share some of the blame and to wonder whether it’s even worth speaking with a lawyer. Even if you think you could be partially liable for an accident, you may still have the right to pursue compensation. Fault in Alberta isn’t all-or-nothing. From parking lot bumps to serious hit-and-runs, each person or company involved can be assigned a percentage of liability. Under Alberta’s contributory negligence model, even if you share some of the fault for the accident, your compensation may simply be reduced by your share of fault. For example, if you’re found 20% responsible, the value of your injury claim may be reduced by 20%.
Often, a person’s damages are more than what their own insurance will cover. In these cases, another party’s insurance may play a role in compensating them for their damages. While contributory negligence can affect how compensation is calculated, it does not automatically prevent you from making a claim. Our role is to help you understand what coverage may apply, what options are available, and how to move forward with clarity.
How Litco Law Supports You After a Truck Accident
Sorting out liability in a truck accident can be legally complex and emotionally exhausting, especially when multiple companies or insurers are involved. Our team understands Alberta’s transportation laws, the intricacies of commercial vehicle regulations, and the unique challenges of multi-party accident claims. We’re here to make things less overwhelming by explaining your options in plain language and guiding you through each step, while balancing the power between insurance companies and those who need help and resources to recover after an accident.
Once you reach out, our team at Litco Law handles the legal timelines and ensures no Alberta injury claim limitation period is missed, allowing you to focus on healing. We offer free consultations, work on a contingency fee basis, and take the time to understand what you’re going through so you feel supported from the start. You’ll also always know where your claim stands —we check in with updates at least every 30 days and reply to any messages or questions you may have within 24 hours.
Contact Our Alberta Truck Accident Lawyers Today
If you’re struggling with the aftermath of a truck accident and trying to understand who may be liable, you don’t have to manage everything on your own. Litco Law is here with a team of lawyers you’ll love: because we’ll listen, explain things clearly, and help make a stressful time feel more manageable with a people-first approach.
Call us at (403) 273-8580 or contact us online for free legal information. We’ll help you find the solution, even if we’re not it.
