Have you been in a delivery truck accident? Navigating the personal injury process after an accident involving a commercial vehicle can be a complex task. However, with the right legal knowledge and a skilled personal injury lawyer in your corner, you can confidently pursue the compensation you’re legally entitled to. Learn about how liability is determined in accidents with delivery trucks.
Common Causes of Accidents With Delivery Trucks
One of the key parts of establishing fault after a car accident is determining the cause of the accident. Crashes involving delivery trucks can be categorized into three main types.
Driver-related Factors
Many crashes are caused by factors related to the drivers. This could include a driver being distracted by their phone or GPS while driving, a delivery person driving erratically to stay on their delivery schedule, or a driver poorly maneuvering a large vehicle while reversing or turning. Some truck drivers may simply be exhausted, which can dull their reaction times and lead to accidents.
Vehicle-related Factors
Another cause of delivery truck accidents is factors related to the vehicle. A common cause is poorly secured cargo in the truck. Unsecured cargo can fall out of the truck, potentially injuring other drivers and causing damage to vehicles. Large, unsecured loads can cause the driver to lose control of their vehicle if the weight shifts suddenly. The truck may also be badly maintained, making it harder for the driver to brake, accelerate, or turn safely.
Environmental Factors
Inclement weather, frozen roads, or bad visibility can all contribute to truck accidents. Bad driving conditions combined with the driver’s need to work as quickly as possible can often cause dangerous collisions.
Determining Liability in a Delivery Truck Accident
How is delivery truck accident liability determined in California?
Truck Driver’s Liability
The truck driver may be found liable if they were determined to be distracted, fatigued, negligent, or driving dangerously at the time of the crash. This includes factors such as speeding, texting while driving, or falling asleep at the wheel.
Delivery Company’s Liability
If the accident happened while the driver was actively on the job, their employer may be partially or completely liable. This is especially true for companies that don’t provide proper training, enforce unsustainable work schedules, or neglect the maintenance of their delivery vehicles.
Liability of Third Parties
Other potentially liable parties for a truck accident may include the truck maintenance provider, cargo loaders, equipment manufacturers, or even other drivers on the road at the time of the accident. Depending on the circumstances, these third parties may be partially liable.
What To Do After an Accident With a Delivery Truck
If you find yourself involved in a crash with a delivery truck, follow these key steps to ensure your safety and to strengthen your potential personal injury case:
- Step one: Move your car to a safe location, if possible, and call 911 to report the incident to the police. Make sure to get a copy of the report for your records.
- Step two: Document as much of the scene as possible, including pictures and videos of the involved vehicles, road conditions, and any injuries you sustained.
- Step three: Get contact and insurance information from the truck driver and any witnesses or third parties present.
- Step four: Seek medical attention right away, even if your injuries seem minor.
- Step five: Get in touch with an experienced personal injury lawyer and provide your documentation and other information.
Factors That Complicate Liability in Delivery Truck Accidents
Establishing fault isn’t always simple when it comes to delivery truck accidents. Determining whether the crash was caused by negligence from the driver, a mechanical issue, or a lack of training from the company may all affect your potential compensation.
Evidence is key for determining liability. If you don’t have enough evidence to prove what caused the crash, it can be difficult to establish fault and secure damages. Another factor is training. While a crash may initially seem like the driver’s fault, it may actually be the company that is liable due to inadequate employee training.
Another important factor is California’s pure comparative negligence rule, which states that multiple parties can be at fault for an accident. The percentage of fault that you carry affects the total compensation you are eligible to receive. For example, if the accident is determined to be 20% your fault, your maximum compensation may decrease by 20%.
Compensation and Damages
Every truck accident case is different, and specific outcomes vary based on the evidence and the determination of liability. However, depending on your case, you may be entitled to receive compensation for:
- Past and future medical expenses
- Wage loss and loss of future earning capacity
- Emotional distress
- Pain and suffering
- Property damage (for your vehicle and/or its contents)
- Loss of consortium for your spouse
- Wrongful death damages for your family, in fatal cases
The only way to know for certain what you’re entitled to after a truck accident is to get in touch with an experienced personal injury lawyer. They’ll evaluate the strength of your case and help in proving liability, which makes it easier to secure damages and financial compensation from the responsible parties.
Contact the Law Offices of Jacob Emrani Today
Commercial truck accidents are a common occurrence in California, but that doesn’t mean you’re on your own if it happens to you. With the right representation, you can likely secure fair compensation to help cover your medical expenses, pain and suffering, and damage to your property.
The Law Offices of Jacob Emrani regularly help clients in delivery truck accident cases, comprehensively examining the facts and aggressively pursuing maximum compensation for our clients. Call (888) 912-7115 to set up your no-cost case evaluation!