Today, hardly a day goes by without coming across several less-than-load trucks (LTL) on the roads. The rise of online shopping has made delivery a staple service for companies such as DHL, FedEx, and Amazon, to name a few.
However, the increasing number of delivery trucks on the road has also increased auto accidents with them Due to the multiple stops made during deliveries, freight pickups, and blind spots within the trucks, truck drivers often get into accidents with other motorists.
If you or a loved one has been in a car accident with a delivery truck in Rock Hill, you can file for compensation for damages caused by the accident if you can prove the negligence of several parties involved in the process.
Factors That Increase the Risk of Delivery Truck Accidents
Various factors can contribute to a delivery truck colliding with another vehicle All of them can be used as proof of the truck driver’s negligence during the accident.
- Fatigue: Delivery truck drivers do multiple daily rounds while some even work two jobs It’s easy for these drivers to develop fatigue while driving, which reduces their alertness on the road, causing accidents.
- Speeding: Many delivery truck drivers often ignore the higher duty of care they have as common carriers and over speed due to the added pressure to deliver goods on time plus the incentives provided for early delivery.
- Poor vehicle maintenance: Lack of proper truck maintenance to the required standards can cause performance issues when making deliveries Sudden breakdowns can result in accidents with other motorists on the road.
- Inexperience: Truck drivers just starting their new job may take time to adapt to the driving role This inexperience might cause young drivers to make errors that cause accidents with other vehicles.
- Impaired driving: Using alcohol and other drugs when driving a truck can reduce the driver’s reaction time, vision, and overall judgment, which could lead to fatal vehicle accidents.
- Distracted driving: Engaging in activities that take the eye and mind off the road, such as cell phone use, drinking, eating, or changing the radio, can result in collisions with other vehicles nearby.
Who is Liable for a Delivery Truck Accident?
Although the most obvious party to seek compensation from after a delivery truck accident would be the truck driver, other parties could also be responsible for your damages The following is a list of entities you can file a negligence claim against:
All delivery truck drivers, including independent contractors, must have personal insurance policies If a truck driver’s negligent actions are responsible for your accident, you can pursue compensation through their personal liability insurance for damages, such as medical expenses and lost wages during time off work.
Delivery truck company
Most delivery truck companies have insurance policies for drivers employed as employees If a truck driver is at fault for your accident, you can pursue compensation from their employer – the trucking company, provided you can prove the driver’s actions were within the scope of employment at the time of the accident, such as:
- If the driver had clocked in
- The kind of work, the driver, was engaged in during the accident
- The location the driver was headed
- If the driver was engaging in personal activity
- If the driver acted maliciously
- If the driver was unqualified or undertrained
If any of the driver’s actions were within the scope of employment at the time of the accident, you could file for compensation against the trucking company.
If your accident with a delivery truck is due to mechanical problems related to the truck and the delivery company doesn’t own the vehicle, you can file a claim for damages against the truck leasing company for lack of proper maintenance.
If the delivery company owns the truck and an accident occurs due to defective vehicle parts made during manufacturing, you can pursue compensation from the truck or parts manufacturer for negligence.
Sometimes it’s not the delivery truck drivers or the delivery company at fault for an accident. The cargo loaders can make mistakes during loading that creates instability and handling problems when driving or cause cargo to spill on the road. In this case, you can file for compensation from whoever loaded the truck improperly.
Of course, you won’t be in direct communication or negotiations with any of these parties. You will only engage with their insurance companies, who will try to offer you lowball settlements to drop the case.
Contact a Qualified Truck Accident Lawyer to File Your Claim
You need an aggressive truck accident lawyer to get full compensation for damages caused by the delivery truck accident. Our Elrod Pope Law Firm attorneys can help you file multiple lawsuits to seek compensation from every responsible party. We serve Fort Mill, Rock Hill, Lancaster, and Lake Wylie. Contact us to evaluate your case.
FAQs on Delivery Truck Accidents
Are there any limitations on how much I can be awarded in compensation?
In South Carolina, there is no cap on the amount you can receive as damages for a delivery truck accident . The specific amount depends on evidence of the damages’ extent.
What should you do after a crash with a delivery truck?
Contact the police and request medical assistance, then collect photos and eyewitness statement . Finally, reach out for legal advice from an attorney.