Unfortunately, delivery truck accidents are more common than many people think. You may be reeling from the effects if you have recently been involved in a collision with a delivery company’s vehicle. These effects span from physical injuries to emotional and financial ramifications. At the same time, you may be eager to seek justice for the event if the other party is to blame. Justice for delivery truck accidents can be pursued in a court of law, but winning your case can be challenging. Exploring the strength of your case and the potential outcomes with a seasoned truck accident lawyer is an essential next step.
Causes of Delivery Truck Accidents
From FedEx and USPS to the many other delivery companies operating across the country today, their drivers are under tremendous pressure to complete a large number of deliveries within a relatively short period. This can lead to a driver making careless mistakes while on the road. These include:
- Failing to obey traffic signs
- Failing to use the parking brake
- Failing to yield
- Driving while fatigued
- Unsafe practices while reversing the truck
In some cases, delivery truck accidents are related to other circumstances. For example, an accident may be caused by:
- An intoxicated or impaired driver
- Poor weather conditions
- Poor road conditions
- Poor vehicle condition related to faulty parts, poor maintenance, and other issues
- Cargo security issues
- Inadequate driver training or supervision
You can see that many causes of these truck accidents are related to the driver. However, others are related to various managerial or supervisory issues and external driving conditions. Before you can determine who you are filing a lawsuit against, you must understand the actual cause or causes of the accident. Keep in mind that the defendant may use issues like bad roads and weather conditions as defense strategies.
The Incredible Impact of Delivery Trucks
Delivery truck accidents can have serious ramifications. Often, they result in significant injuries to drivers and passengers in other vehicles. These injuries result in a permanent disability or even death in some cases. In addition to the pain and suffering associated with these injuries, financial effects are often endured. For example, an injured party may not work for months on end while recovering. In the case of a permanent disability, the individual may not work in the same position indefinitely. In the case of a death, the victim’s family may endure tremendous financial stress because of lost income.
Such outcomes are combined with numerous accident-related expenses. For example, the victim of a delivery truck accident may be faced with vehicle repair bills. Other types of property may have also been damaged in the accident. Medical bills for immediate and ongoing care can exacerbate the financial stress that an individual experiences.
What to Do If You Are Involved in a Delivery Truck Accident
If you are involved in a delivery truck accident, you must seek medical attention on the scene. Keep in mind that many injuries may not be immediately felt or noticed because of adrenaline or stress. If you have already left the scene, seek medical attention as soon as possible after the accident. If possible, take pictures of the scene from all angles. These efforts may provide the foundation for your lawsuit.
Damages That May Be Recovered Through a Lawsuit
Are you wondering if it is worthwhile to file a lawsuit against the at-fault party? After all, you are understandably focused on trying to recover from the event. The economic effects of a delivery truck accident can result in significant stress, and this stress may be felt for months, years, or a lifetime. The stress may interfere with your ability to recover fully and lead the life you otherwise would have led. In some cases, financial challenges may prevent a victim from seeking the full range of medical treatments that may be needed.
You can sue for damages through a personal injury lawsuit that can help you overcome these financial stressors. The court may award compensation for property damage, medical expenses, pain and suffering, and lost wages. In addition, you may receive punitive damages if the court believes related misconduct was extraordinary.
The Challenge of Suing for Damages
While the benefits of a successful personal injury case are substantial, you should be aware that numerous challenges must be overcome. Delivery companies are generally massive, well-established enterprises with their in-house legal team on standby. The legal team may have extensive experience representing the company for similar cases and access to a huge bank to draw resources. In some cases, the delivery company’s insurance company will be involved, and it may have its legal team and resources.
These legal teams can pull from several successful defense strategies. For example, they may blame poor driving conditions on drivers’ actions or inactions. They may try to prove that the victim was partially at fault through various techniques. External factors, such as limited visibility because the city did not keep landscaping or trees adequately trimmed, can be used as a defense. While there are significant challenges, an experienced personal injury lawyer can successfully guide you through the process.
Proving a Driver’s Negligence
Your injury lawyer will help you determine if a driver’s negligence was to blame for the accident. Specifically, the attorney will prove to the court that the driver was required to give you a duty of care and breached that duty. In addition, an actual or approximate cause must be determined, and damages must have come from the driver’s actions. The burden of proof for each of these factors lies on you and your attorney.
The delivery company may attempt to show that you were partially at fault. This is called comparative negligence. By providing comparative negligence, the damages may be reduced accordingly. Another defense strategy may be to show that the driver was an independent contractor and solely responsible for the damages. However, the delivery company may be held vicariously liable in some situations.
Proving Management’s Negligence
The delivery company must take reasonable steps to ensure that its drivers perform their duties safely. For example, management must perform due diligence during the hiring process. This includes reviewing an applicant’s driving history and criminal background. After the hiring process is completed, the delivery company must adequately train a driver. Whether a driver has previous delivery experience or not, they should receive training on a company’s practices and the operation of its vehicles.
Daily, drivers should be appropriately supervised by the delivery company. For example, it must take reasonable steps to identify when a driver is charged with a moving violation. This includes driving a corporate or personal vehicle. This is only one of many supervisory actions that the delivery company should take regularly.
The Critical Need for an Experienced Attorney
Delivery truck accident cases can be complicated. Multiple defendants may be involved because of comparative negligence or liability. Each defendant may mount a defense strategy with one or several compelling arguments. In addition to proving your case in court, you may need to counter the defense’s arguments. At the same time, you must verify the level of damages you have experienced due to the case.
The attorneys that delivery companies and their insurers use are highly experienced. Because of this, the victim of a delivery truck accident must be equally well-represented. Your auto accident lawyer should have specific experience with truck accident cases. In addition, they should have a positive track record of delivering results. A truck accident case can drag on for months or longer, so your attorney should be dedicated to the cause and willing to do what it takes to produce a positive outcome for you.
Request a Consultation Today
After a delivery truck accident, time is not on your side. For example, your legal case must be filed with the court before the statute of limitations has expired. In addition, there may be concerns about the viability of evidence if it is not gathered soon after the accident takes place. Witness testimonies must be secured, and other reasonable steps should be taken as quickly as possible. Such efforts may directly impact the success of your case.
With this in mind, you must act quickly to pursue the justice you deserve after a delivery truck accident. Your next step should be to schedule a legal consultation with an experienced personal injury lawyer. By doing so, you can explore your rights and learn about the strength of your case. Request a consultation today.