Drivers face a wide range of obstacles on the road every day, and one that commonly causes accidents is navigating around delivery trucks. These trucks are essential to the businesses that keep our world running smoothly, but they often pose risks on the road that passenger vehicle drivers must be wary of. Some of the issues that arise related to delivery trucks include:
- Blocking other motorists’ line of sight
- Parking in busy areas to unload goods
- Backing up at times when other drivers aren’t expecting it
- Stopping abruptly when not expected
When a driver is involved in a collision with a delivery truck, they must understand their rights and know that they may seek compensation for the damages and injuries they suffer. This is especially so when any type of negligence contributed to the cause of the accident. An experienced truck accident attorney can help drivers understand their rights and navigate their way through the legal processes involved with receiving compensation.
Understanding Negligence in Delivery Truck Accidents
Every accident is different, and each has its own particular circumstances, whether they are unpreventable or not. In most situations, though, there is some type of negligence involved, at least in part, and this negligence is the basis for most legal claims.
One of the most basic types of truck driver negligence that results in accidents is failure to follow federal or state trucking regulations. Truck drivers are held to a strict set of rules on the road simply because they are at a greater risk of being involved with catastrophic accidents than passenger vehicle drivers. Another type of negligence that often occurs with delivery truck drivers is failing to properly balance their truckloads and securing their trucks’ loads. This can cause an accident to be more devastating than a typical collision would have been.
When a truck driver or trucking company fails to properly maintain their delivery vehicles, there is a greater risk of an accident. This also constitutes negligence that an injured party can use in their legal case. Lastly, many other factors are considered to be negligence in trucking accidents. Some of these factors include:
- Inexperienced drivers
- Drivers who fail to obey traffic laws
- Drivers who are distracted or drowsy
- Intoxicated drivers
- Drivers who engage in reckless behavior while on the road
What Types of Delivery Truck Accidents Are Most Common?
Many situations can cause an accident with a delivery truck driver to occur. Some of the most common types of delivery truck accidents include:
- Underride and jackknife accidents
- Intersection accidents
- T-bone accidents
- Head-on collisions
- Rear-end collisions
- Rollover accidents
- Multiple-vehicle collisions
The type of delivery truck involved in the accident can also impact the severity of the damages. Many passenger vehicle drivers find themselves involved in accidents with trucks such as:
- Laundry delivery trucks
- Flower delivery trucks
- Furniture delivery trucks
- Food and beverage delivery trucks
- Mail and parcel delivery trucks
Who Is Responsible for Damages When a Delivery Truck Accident Occurs?
There can be several types of claims involved if you or a loved one are involved in an accident with a delivery truck. In most cases, the law treats the drivers of delivery trucks as employees of the company they are running deliveries for. That means the company they work for is typically responsible for financial claims that result from accidents. The first step in seeking compensation in a delivery truck accident is proving negligence. A skilled attorney will collect all of the evidence you need to prove this, including depositions, documents, and statements from witnesses and the other party.
Another step that may be necessary during the “discovery,” or collecting evidence phase, is determining who the delivery driver’s employer is. Sometimes delivery trucks are unmarked or feature logos that don’t provide much information. Once the company the driver works for is established, the injured party’s attorney will assess the facts surrounding the case and the policies of the insurance company that the company uses.
After a trucking incident, you should have a trusted attorney on your side who knows the legal details involved with delivery truck accidents and is willing to stand up to the insurance companies on your behalf. The process of getting compensation for your damages and injuries is difficult to approach without the proper legal knowledge to handle the case effectively. Insurance companies are often difficult to deal with. Some will employ adjusters who persuade individuals to accept low ball offers, even though they are typically far less than what the victim deserves.
Once an offer is accepted, there is usually no turning back, so it is vital to seek an attorney’s advice before talking with insurance adjusters. Besides making lowball offers, these adjusters can sometimes even coerce statements from victims that they can later use to blame them. Attorneys who are experienced in working with insurance companies have the skills to avoid these mistakes and get the best settlement possible.
Depending on the unique circumstances surrounding the delivery truck accident and the details of the company’s insurance policy, an injured party may have a few other alternatives when determining who is liable for damages. If the injured party carries personal injury protection or uninsured/underinsured motorist insurance policies, they may have grounds for a claim with these insurance companies. Lastly, there is also the possibility of filing a case against truck manufacturers or truck parts manufacturers if factors such as defective steering, brakes, or tires caused the accident.
Don’t Go It Alone
If you have been involved in an accident with a delivery truck, call our firm. You deserve proper compensation for any injuries you sustained, medical bills, time missed from work, and damage to your vehicle. Insurance companies will always try to settle by making an inferior offer, and many times, individuals accept these offers without seeking legal counsel. A reputable, skilled attorney can help you to get the full compensation you deserve, however, so you should always discuss your case with a trusted lawyer before accepting any settlement offers.
If you need help navigating legal proceedings after being involved in a delivery truck accident, reach out to the Law Office of Jeremy Rosenthal today. Contact us through our website, or call us at (303) 536-8911 to schedule a free consultation.