According to the Bureau of Labor Statistics, there are more than 1 million delivery trucks operating on U.S. roads—and that number is only projected to increase. With so many delivery vehicles out there, accidents are inevitable.
If you suffered injuries in a delivery truck accident, understanding liability can help you pursue compensation from the responsible party. A truck accident attorney can help you understand your legal rights and options.
What Is Liability in a Delivery Truck Accident?
Liability is the at-fault party’s legal responsibility for a delivery truck accident. Individuals who suffered injuries in the crash could pursue compensation from the responsible party and/or their insurance company.
Damages You Could Pursue After a Delivery Truck Accident
Delivery truck accidents can cause significant injuries, including neck and back injuries, head trauma, broken bones, or spinal cord damage. These injuries may require surgical intervention, hospitalization, and physical therapy. In some cases, injuries can cause long-term disability or death.
If your delivery truck accident was due to someone else’s negligence, you have a right to seek compensation for your associated losses. Examples of damages you could pursue include:
- Pain and suffering
- Lost income and future income potential
- Medical treatment
- Medical devices or prosthetics
- Domestic assistance or long-term care
- Emotional distress
- Mental anguish
- Loss of consortium
- Wrongful death
Every state has different guidelines for economic and non-economic damages you can pursue in a personal injury claim. Speak with a delivery truck accident attorney today to learn more.
Who Is Liable for a Delivery Truck Collision?
Proving liability in a delivery truck accident can be complicated. UPS, FedEx, Amazon, and other delivery services work with both direct employees and independent contractors. Unlike accidents with privately-owned vehicles, commercial vehicle accidents may involve numerous responsible parties.
Parties who could be liable in a delivery truck crash include the following:
- Truck driver
- Driver of another vehicle
- Truck owner
- Truck driver’s employer
- Truck manufacturer or distributor
- Party responsible for truck maintenance and repairs
Liability for a delivery truck crash depends on the cause of the accident, who owns the truck, and details of the driver’s contract. For example, a driver may seem solely responsible if they were speeding, but cases are not always cut-and-dry. Perhaps the driver was speeding to meet unreasonable scheduling requirements. Or perhaps their brakes failed, preventing them from slowing or stopping.
A thorough investigation may be necessary to ascertain the fundamental cause of the accident and determine all liable parties. An attorney can help you determine the cause of your accident and gather evidence to prove fault.
How to Prove Liability for a Delivery Truck Accident
Even if you know who is responsible for your delivery truck accident, you must provide evidence to prove it. Proving fault is more than showing who caused the accident—it’s also about establishing that the at-fault party was negligent.
To establish negligence, you must show that:
- The responsible party had a duty of care
- They failed in their duty
- Their failure directly caused your injuries
- You suffered losses because of those injuries
Every state defines negligence differently, so it’s important to work with a delivery truck accident attorney who is familiar with local laws.
Evidence You Could Use to Prove Liability
You may use videos, photos, and witness statements to show how the accident occurred and establish fault. Expert testimony and accident reconstruction may also be useful in establishing the accident timeline.
If other parties are involved, you may need additional evidence, such as:
- Evidence of delivery truck ownership
- Delivery truck maintenance and repair records
- The contract between the driver and the delivery company
- Driver’s delivery schedule and requirements
- Truck component defects or recalls
The information needed to prove fault in a delivery truck accident may vary widely. Consult with an injury lawyer who handles truck accident claims to learn about the evidentiary requirements for your case.
Options for Pursuing Compensation After a Delivery Truck Crash
To establish liability for a truck delivery accident, you must determine who to pursue for damages. A delivery truck collision can cause severe injuries and monetary losses. If the accident was due to someone else’s negligence, you have a right to recover those losses from the at-fault party.
You typically have two options to recover damages: an insurance claim or a personal injury lawsuit.
The delivery truck driver may carry personal auto liability insurance consistent with your state’s requirements. If the driver does not own the truck, their employer may be the insurance policy holder.
Once you determine who is at fault, you can file a claim with the insurance carrier for the at-fault party. Depending on the circumstances, you may file claims with multiple carriers. You may also file with your own personal injury protection (PIP), uninsured motorist, or health insurance coverage.
Personal Injury Lawsuit
A personal injury lawsuit may allow you to recover a higher settlement or verdict if the court rules in your favor. The responsible party or their insurance company may also offer a higher settlement to prevent the case from going to trial. In fact, many injury cases settle out of trial.
How You Can Benefit From Hiring a Delivery Truck Accident Lawyer
Since liability and personal injury laws differ widely between states, consider speaking with a personal injury attorney in your area who handles delivery truck accident cases. Although many states allow you to file an insurance claim or lawsuit without a lawyer, you can benefit from having a legal advocate who is familiar with insurance negotiations and injury claims in your state.
For example, a delivery truck accident lawyer can:
- Handle all calls, emails, and other correspondence about your delivery truck accident
- Gather evidence to establish liability for the delivery truck collision
- Determine what damages you can pursue for your delivery truck accident injuries
- File insurance claims with the appropriate carriers
- Negotiate for a fair settlement with the liable parties and their insurance representatives
- File a personal injury lawsuit against the liable parties within your state’s statute of limitations
Rather than trying to handle the complex legalities of your delivery truck accident claim on your own, you can focus on your health and leave the legal work to your attorney.
Contact the Law Offices of Anidjar & Levine Today for a Free Case Review
If you or someone you love suffered injuries in a delivery truck accident, the Law Offices of Anidjar & Levine are here to help. Contact us today to learn more about liability and pursuing compensation for your delivery truck accident injuries.
We Can Help.