Delivery truck accidents make up a considerable amount of car accident personal injury claim cases in Texas. However, it can be hard to know who to direct the claim at, as there are likely to be multiple parties involved – the delivery driver and the delivery company that employs them and owns the vehicle, at the very least.
The best way to handle your claim will depend on the specifics of how your delivery truck accident occurred. Luckily, a personal injury attorney can help you navigate the complexities of Texas law and identify the best route to maximize your chances at fair compensation.
Here at Abraham Watkins, we have spent more than 70 combined years helping people in your position seek compensation for the injuries they sustained and the economic damages they suffered as a result. We offer everyone a free consultation at no obligation to discuss the details of their case and their path to financial justice.
To find out how an experienced lawyer from our law firm could help you, call us today at 713-535-9319.
The Different Parties Who Could be at Fault for a Delivery Truck Accident
Determining delivery truck accident liability is no easy task. There are many parties who could bear fault for a truck accident, including:
- Another driver on the road whose negligence led to the truck accident
- The truck driver themselves
- The at-fault driver’s employer, if they failed to provide necessary training or background checks
- The manufacturer of the delivery vehicle, in cases of mechanical defects
- The company who loaded the delivery vehicle, if this is a different company to the one that employs the driver
- The original manufacturer of parts used by the delivery truck, if a product liability claim is made after a defect caused the accident
Why a Delivery Truck Accident Claim May Quickly Become Complex
As you have seen above, there are many potential at-fault parties in the event of a delivery truck accident.
This can make determining liability difficult, especially if one or multiple defendants choose to deny liability entirely. As personal injury cases in Texas work on a comparative negligence basis, having the help of an experienced attorney is essential to ensure the fault percentage falls in your favor.
Multiple defendants also means multiple insurance companies. For the average individual operating without professional legal counsel, dealing with this many parties is easily overwhelming, and you can make mistakes that can impact your total compensation amount.
How Liability is Determined in Accidents Involving Delivery Drivers
Delivery truck accidents are no different from other personal injury cases when it comes to the process used to determine liability.
In order to demonstrate liability and seek compensation for your injuries, your truck accident lawyer must prove the following:
- The liable party had a duty of care to act reasonably to prevent an accident from occurring
- The duty of care was breached in an act of negligence
- The at-fault party breaking this duty of care led to the injuries
- These injuries caused the claimant damages, either physically, economically, or both – such as serious bodily harm or medical bills
The Best Target for a Lawsuit After an Accident with a Delivery Truck
Typically, if a delivery truck hit you and caused a personal injury, the best target for the claim is the delivery company themselves, not the driver.
This is because the delivery company is solely responsible for the person performing job-related duties – unless they are an independent contractor, but we will come to that in a moment. This is true until the delivery driver clocks out of their shift.
It is also true that delivery companies have significantly more assets, so lawsuits or insurance claims against them are likely to reward greater amounts of compensation – as long as you have a lawyer good enough to prove them to be liable.
The Reasons Why a Delivery Company is often Liable
The average huge corporate delivery company operates many shady practices that place the road users of Texas at risk. Thankfully, this also makes them easy to find liable for an accident involving their delivery driver.
Common ways a company may contribute to the likelihood of an accident include:
- Improper truck driver background checks
- Poor truck driver training
- Overworking staff with unreasonable or illegal schedules
- Cutting corners on necessary safety regulations, route planning, vehicle maintenance, or other regulated areas of risk reduction
Delivery Trucks Driven by Independent Contractors
Things become more complicated with more modern forms of truck driver employment, like those with independent contracts. This is becoming increasingly common with parties like FedEx truck drivers and Amazon truck drivers, under their Amazon Flex scheme.
If someone is an independent contractor, they are technically their own employer. This can lead to circumstances where they have minimum insurance coverage and the available compensation is not enough to cover the damages – all while the delivery truck owner gets off the hook.
The best thing to do here is to get in touch with a lawyer as soon as possible after the time of the accident. They will fight their hardest to maximize your compensation.
The Possible Types of Damages
If you sustained a personal injury, your attorney may be able to gain compensation for one or more of the following types of damages:
- Property damage, such as damage done to your vehicle
- Coverage of medical bills, including the cost of projected future medical treatment necessary as a result of the accident
- Lost wages, if you had to take time off from your employment to recover from your injuries
- Pain and suffering, which accounts for the duration and pain level of your recovery process, as well as any lasting physical or psychological complications
We Work on a Contingency Basis
Unfortunately, many hardworking Americans are put off seeking professional and experienced legal counsel by mistaken ideas that they cannot afford it.
That is why Abraham Watkins is committed to offering risk-free counsel. All of our personal injury cases are operated on a no-win no fee basis. That means that if a plaintiff loses their case, they pay nothing.
Even if you win, your legal fees and court costs are only ever taken as a percentage of your final settlement. There are no hidden fees, no surprise costs, and no risks involved with seeking the compensation you deserve by law.
Speak to a Delivery Truck Accident Lawyer Today
At Abraham Watkins, we go above and beyond for all our clients. A member of our personal injury lawyer team will be there for you in a reassuring and professional capacity from your free consultation through to your final settlement.
We will handle the assembling of evidence, the construction of your case, negotiations with insurance companies, and all the other intimidating complexities of the Texas legal system.
To find out how to get started on your legal journey, call us today for a free case evaluation. This free legal advice will be at no obligation and completely confidential under the attorney-client relationship.Our lines are open 24/7. Call us today at 713-535-9319.