Accidents with Delivery Trucks: Liability and Claims

There are hundreds of delivery trucks that frequent our streets and highways on a daily basis. Often times, the drivers of delivery trucks drive long routes under intense time pressures to keep a timely schedule. This can lead to a violation of traffic laws, which can result in serious accidents.

Causes of Delivery Truck Accidents

Accidents involving delivery trucks are common because employees are under extreme pressure to deliver packages as quickly as possible. Thus can lead to negligent and careless actions. Some accidents may be caused by:

Failure of a driver to engage the truck’s parking brake while delivering a package to a building, causing the truck to roll into traffic or pedestrians.
A driver backing up after passing an address, instead of circling the block, causing a crash with a pedestrian, bicyclist or motor vehicle.
A driver attempting a sudden left turn in an attempt to save time (some delivery companies use a software program to eliminate left-hand turns in delivery routes).
A driver failing to yield while merging onto a highway.

Delivery truck accidents can also occur in parking lots where these trucks are making deliveries to local markets or other retail stores. Even though these impacts may be at a lower speed, due to the larger size of the truck, serious injuries can and do occur.

Tips to Follow after Being in an Accident with a Delivery Truck

If you are a delivery truck driver involved in an accident, you should report the accident to local officials. This is in your best interest because you will want an official report of what occurred, as well as possible witness statements. Not all accidents are the fault of just one party; sometimes there are multiple people who may be at fault. If there are injuries related to the accident, you should call 911 immediately so that medical care can be dispatched as quickly as possible. In addition, you should contact your employer and apprise them of the situation.

Liability of Delivery Truck Driver and Employer

All trucking companies are subject to the federal regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). These federal laws establish mandatory requirements for the safe operation of commercial trucks, including:

Mandatory driver recording for hours of service
Maintenance and repair requirements for trucks
Drug and alcohol prevention programs for drivers
Driver training requirements

If an employer fails to provide adequate training and/or supervision of the employee, the employer can potentially be held liable for these accidents. Even if the cause of an accident is not the driver, there may be liability on the part of the company that loaded the goods or equipment. A poorly loaded vehicle can create problems, which may affect proper control of the vehicle during a turn or sudden braking.

The Claims Process

If the facts of your case support a claim, you may wish to file a lawsuit. To determine whether you have a valid case, three things must be considered:

Liability— The facts will determine if another party is at fault for your harm. The defendant must have acted in a way that was negligent which caused the accident.
Damages—These consist of general damages and Special Damages. This includes compensation for injuries that have left a person permanently disfigured or deformed. General damages include compensation for physical and mental pain, loss of enjoyment of life, lost earning capacity and medical expenses.
Can you collect—This is a function of the financial position of the person who wronged you. Most defendants look to insurance coverage for the money to satisfy and personally injury claims.

How a Lawyer Can Help

In a case involving a delivery truck accident, there are issues that need to be addressed by a knowledgeable attorney in order to protect your interests in obtaining a settlement or verdict. If you or a member of your family has been injured in a commercial vehicle crash, you should consult with a lawyer to evaluate the case and help you obtain compensation for medical expenses, pain and suffering, and time away from work.

Have a Personal Injury Case?