You see them all the time. FedEx, UPS, Amazon, local florists, grocery delivery services, and many others employ a vast army of delivery trucks to ensure they have a thriving and healthy business. To maximize efficiency, the emphasis is always on speed. During peak delivery times of the year, such as Christmas, it’s not uncommon for some company drivers to make more than 100 deliveries in a single day. Much of the time, the drivers operate safely and without problems. However, there are other times, whether it’s due to fatigue, weather conditions or other issues, delivery truck accidents can and do happen.
If you are the victim of a delivery truck accident and you believe the other party is at fault, it is imperative that you speak with an experienced personal injury attorney as soon as possible. You need to do everything in your power to protect your rights and your ability to seek compensation for your losses.
When an attorney takes on a delivery truck accident case, they will ensure the greatest probability of a positive outcome for their clients.
Determining all the parties who are at fault
Unlike other vehicle accidents involving two cars, when a person has an accident with a delivery truck or any commercial vehicle, things can get a little more complicated. This is because, while it may be obvious that the driver is at fault, he may not be the only party where blame can be affixed.
In many cases, depending on the employment relationship between the driver and his employer, an attorney may also be able to hold the company liable as well. Much of this depends on the amount of control the employer can exercise over the driver. The goal is to identify all possible defendants, because each is likely to have their own insurance policies, meaning that there is potential for a much larger payout for pain and suffering, medical bills, lost wages, and property damage.
After all the liable parties have been identified, an attorney must go through the process of proving that the driver and any other defendants were negligent. This is generally a four-step process:
- Did the driver owe the victim a duty to exercise reasonable care?
- Did the driver fail to use reasonable care?
- Were there damages?
- Through their negligent actions, did the truck driver cause the injury and damages to the victim?
If all of these steps are met, then the plaintiffs stand a very good chance of winning a case involving a delivery truck driver and/or his employer.