Who Is Liable in a Delivery Truck Accident?

Online shopping has increased dramatically over the last couple of years. From food to furniture, to virtually any type of consumer product, just about every item is delivered via truck. And with so many trucks on the road, accidents occur daily, causing serious injuries and damage. When you file an accident claim, one of the most important steps is to determine liability; a truck accident lawyer can help with this, and get you the compensation you deserve.

There are different parties who can be liable in a delivery truck accident. It’s important to determine fault, so you know where to get compensation from. This is indeed the legal burden an attorney is equipped to take on, while you focus on your health and recovery. The most common sources of liability include:

Delivery Driver

The driver is responsible for all their actions while operating the vehicle. It stands to reason that reckless or negligent driving would make them liable for damages. After all, truck drivers are constantly under pressure to move quickly, meet tight deadlines, and maintain a high delivery volume. Rushing through the day increases the risk of causing an accident and serious personal injury. Drivers can be liable for speeding, disobeying traffic laws, or not being attentive to road conditions.

Delivery Truck Company

The driver’s employer may be liable if the accident occurred when the driver was on the clock. That doesn’t mean the driver is cleared of all liability. It depends on the company’s structure. For example, Amazon delivery drivers aren’t employed directly by the company, making it difficult to file legal action against the business. Drivers are classified as independent contractors or work for a company Amazon has contracted with.

Truck Owner

Delivery truck owners, who may not be employed by the company you order from, have a duty of care to keep their fleet vehicles safe. If an owner failed to inspect, maintain, or fix a truck that was involved in an accident, they may be liable for damages. If Amazon has insured the truck or the driver, your expenses may be covered by their commercial insurance policy. Still, having an experienced truck accident lawyer on your side can help navigate the challenges of getting such an insurer to pay out a claim.

Scope of Employment vs. Liability

At the time of the accident, whether the truck driver was working in the scope of their employment is a major factor. Proving scope of employment is not easy, but the court typically looks at factor such as whether the driver was clocked in, where they were going, and the type of work they were doing at the time of the accident. If the driver was acting as the employer would reasonably expect, the company may face some liability, but if the driver was engaging in a personal activity, or acted maliciously, they may be solely liable for damages.

How to Deal with an Insurance Company

Getting an insurer to pay your claim is challenging, no matter who caused the accident. Oftentimes, a delivery truck accident victim will get a call from an insurance company trying to settle the case quickly. An initial offer is almost never as high as what you can get. The company wants to pay nothing or as little as possible. But don’t fall into the pressure. Accepting the first offer means giving up your right to bring any future claims; you might be bogged down by medical bills and other financial burdens years later. That’s why it’s essential to have a skilled lawyer handle your settlement.

Contact The Law Offices of Jacob Emrani

Our skilled truck accident attorney in Los Angeles will provide dependable legal representation if you or a loved one was injured in a delivery truck accident. Large trucks filled with a large volume of goods cause serious injuries and damage when they cause an accident. We’re familiar with all common types of truck accidents and their causes, and fight for your rights in holding liable parties accountable and getting insurance companies to maximize their payouts. Call 888-952-2952 to schedule your free consultation with our truck accident lawyer.