The one thing that motorists have noticed over the past decade is a sharp increase in delivery trucks on the roadway, and it is easy to understand why.
Wilmingtonians, like everyone else, have become online shoppers, ordering everything from groceries to clothing to appliances online. These products have to get from the warehouse to your home somehow. Not every driver who gets behind the wheel of a large delivery truck either knows how to operate the truck properly or takes the time to be safe.
When you have suffered an injury in an accident with a delivery truck, you can sue the company for damages. Horton Mendez Injury Attorneys are here to fight for justice when a truck driver has injured you with their carelessness. Our experienced Wilmington truck accident attorneys can help you.
Causes of Delivery Truck Accidents
With more delivery trucks on the road, it follows that there will be more accidents. Here are some of the causes of delivery truck accidents:
- Inexperienced drivers who are unfamiliar with how to handle a large truck in city traffic
- Operators who are distracted because they are on the phone or are unfamiliar with where they are going
- Trucks that are not in roadworthy condition because the company still insisted on putting them out on the road to keep the delivery schedule
- Drivers who speed or take shortcuts to make their deliveries on time
- Drivers who make sudden stops because they realize that they have reached their destination
Regardless of the exact cause of the delivery truck accident, you have the legal right to financial compensation when you can prove that someone else was to blame. The truck driver will be liable for any conduct that would be considered unreasonable under the circumstances.
Who Is Liable for a Delivery Truck Accident?
Under the principles of agency law, the employer is legally responsible for the damages that their employees cause, so long as they are within the scope of their employment. In practical terms, so long as the employee is driving the truck to make a delivery, the employer will need to pay for any damages if the driver is responsible for the accident. If the driver was using the truck for a personal errand, it would not be considered “on the job.”
There are some companies that try to consider their drivers “independent contractors,” in part to try to escape liability for what the drivers do behind the wheel. What the company says is not always reality. Our attorneys will look at the nature of the specific arrangement, such as whether the company has control over what the drivers do, to see if it is still possible to sue the business. In addition, you may still file a lawsuit if the company negligently hired or retained the driver.
Regardless of who was responsible, there is a large potential amount of insurance coverage against which to file a claim. Practically speaking, there is no such thing as a commercial truck insurance policy that is less than $1 million. You can receive financial compensation directly from the company if their insurance coverage is not enough.
Your Damages in a Delivery Truck Accident
If you have suffered an injury in an accident with a delivery truck, you will be entitled to the following damages once you can prove fault:
- The cost of your medical care
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Scarring and disfigurement
How Our Attorneys Can Help You Following a Delivery Truck Crash
When you have suffered an injury in a delivery truck accident, it can be a high-stakes legal matter. Because of the severity of your injuries, and the potentially large amount of insurance coverage, there can be a lot of money on the line. You should contact an experienced delivery truck accident attorney early in the process to get a determined lawyer on your side.
We can assist you in the following ways:
- We can help determine who was responsible for the truck accident and gather evidence that can show that they failed to uphold their duty of care.
- We work with you to learn your unique situation to come up with an exact estimate of your potential damages.
- We advise you on the best legal strategy for your case, whether it is filing an insurance claim or a lawsuit against the responsible company.
- Our lawyers will prepare the strongest possible claim or lawsuit that sets out both the reason why you deserve compensation and how much you should receive.
- We will negotiate your case with the insurance company, which is ultimately making decisions for their policyholder. We work to secure you the highest possible amount of compensation.
The time to hire an attorney is as soon as possible after you have suffered an injury, so you have someone to protect your legal rights and is ready to begin the legal process once you have the necessary evidence.
Contact a Wilmington Delivery Truck Accident Lawyer Today
The attorneys at Horton Mendez are here when you need us, ready to fight for you when you have suffered an injury by someone else’s negligence. We know the tactics that insurance companies use, and we are always on guard for them. You can contact us online or call us today at (910) 668-8067 to schedule your free initial consultation. You do not need to pay us any money upfront or anything at all unless you win your case.