Delivery truck accidents are very different from ordinary road traffic accidents involving cars or smaller vehicles. The damage is often far worse, and the ensuing lawsuits are more complicated and harder to resolve. That’s why it’s so important to hire an experienced personal injury attorney. This will give you the best possible chance of receiving the compensation you deserve for your injuries, medical expenses, pain, suffering, and other damages.
Every year, thousands of Americans are killed in accidents involving large delivery vehicles. Serious injuries, fatalities, grieving families, financial devastation — these are common in the wake of truck accidents. With the rise of online shopping and home deliveries, this number is only likely to increase. It’s more likely now for people to be injured or killed in an Amazon delivery truck accident, say, or a FedEx delivery truck accident.
Many factors can cause a delivery truck accident. Speeding, distracted driving, driving while impaired by drugs, driver exhaustion — all of these can contribute to truck accidents. It’s important to get support from an experienced attorney, someone who can help guide you through the complexities of such an accident: determining who is at fault and effectively seeking compensation.
Who’s Liable in a Delivery Truck Accident?
One of the crucial issues in a delivery truck accident case is determining who’s at fault. For your case to succeed, you’ll need to prove negligence on the part of the driver or other parties.
In some cases, the delivery company may be liable for negligence. For instance, in a UPS delivery truck accident, UPS might theoretically be responsible. Sometimes, though, the delivery truck driver may be an independent contractor who might be held criminally liable for the crash.
In some cases, delivery companies may attempt to evade being sued by claiming that the driver was an independent contractor. Independent contractors, however, must satisfy certain specific conditions under the relevant employment and tax laws. If it can be proven that a company is paying employment taxes, then the driver can be shown to be an employee rather than a contractor.
Other parties may bear liability for a delivery truck accident. For example, if the accident is due to a cargo having been improperly loaded, the person or entity responsible for loading the cargo may be liable. If the accident is due to a defective truck part, the manufacturer can be sued. If the accident is due to a poorly maintained road or a faulty traffic signal, the authority responsible for their upkeep may be liable.
Comparative Fault in Delivery Truck Accidents
Some people assume that if they were partly responsible for the accident, they wouldn’t be entitled to compensation. This is a misconception. In many states, including Florida, you may still be entitled to a percentage of compensation even if it’s determined that you’re partly at fault.
Delivery Truck Accident Settlements
The amount you’re entitled to will depend on several factors. Your settlement may include:
Property and vehicle damage: It’s common for smaller vehicles involved in delivery truck accidents to be very severely damaged. In many cases, they will be written off entirely. You may receive compensation for your damaged or destroyed vehicle.
Medical expenses: Many victims of delivery truck accidents are left facing substantial medical bills. While there’s a lot of variation between cases, your settlement will generally be higher depending on your treatment’s cost and length.
Lost income: You may have to take a lot of time off work after an accident. Some people are rendered unable to work.
Pain and suffering: You may be entitled to compensation for the pain and suffering caused by the accident.
Other costs included in your settlement may consist of legal fees, expenses relating to ongoing care, and funeral expenses.
Because lawsuits relating to delivery truck accidents are so complicated, it’s important to get expert legal advice. At Graves Thomas Rotunda Injury Law Group, we have the expertise to bring you the compensation you deserve.