What to Do After an Accident Involving a Delivery Truck

Thousands of delivery trucks travel Oregon’s roadways each and every day, delivering everything from home appliances to impulse online purchases. There are 6,950 courier and local delivery businesses in Oregon alone, and we appreciate the services they provide – until we get into an accident with a delivery truck. 

Accidents involving delivery trucks can be more complex than those involving privately owned vehicles. You may wonder whether you can sue the delivery company, the truck driver, or someone else. 

You also need to know what to do after an accident with a delivery truck to protect your legal rights and give yourself the best chance of recovering compensation. This article will examine who is liable in delivery truck accidents and how truck accident victims can seek justice.

Take These First Steps After a Delivery Truck Accident

After any vehicle accident, move your vehicle out of traffic to a place of safety, if possible. Put your flashers on to warn others of the danger. Next, prioritize your health and that of others by seeking immediate medical attention and checking that others are okay. 

Seek medical attention

As well as protecting your health, seeking medical attention could demonstrate a clear link between the truck accident and your injuries in case of a subsequent personal injury claim. Remember that, even if you feel fine at first, you still may have suffered a personal injury that has not yet caused any symptoms. 

Some severe injuries that can have delayed symptoms include:

• Whiplash: Whiplash can cause long-lasting neck and back pain
• Concussions: Traumatic brain injuries may cause symptoms several hours after the accident
• Psychological conditions: Post-traumatic stress disorder (PTSD) and other psychological conditions can be triggered by a vehicle accident

Call the police

Oregon state law ORS 811.745 requires that a vehicle accident be reported to the police when it results in injury, death, or more than $2,500 of property damage. These requirements make it likely that most delivery truck accidents must be reported.

In many situations, the police will show up and take charge. They will investigate the accident scene and take down details from all parties. Respond calmly and stick to the facts. The police report could be useful if you file a personal injury claim later.

Gather information and evidence

While at the accident scene, use your smartphone to take photos and videos. Also, photograph the damage to your car and any injuries you sustained. 

Next, talk to the delivery truck driver. Write down his or her name, phone number, license plate, and insurance details. Also, ask the truck driver to provide details of the delivery company he or she works for.

At this point, avoid getting involved in any discussions about who was to blame. Things you say at the accident scene could be used against you later by the insurance company. 

Talk to an Oregon truck accident lawyer

As soon as you feel well enough, and before talking to an insurance company, schedule a free consultation with an Oregon truck accident lawyer. He or she will listen carefully to your story. 

Expect to be asked questions so the attorney can understand who may be liable. At the initial consultation, an experienced truck accident attorney will be able to tell you whether your case is likely to be successful as well as the best way to proceed.

Determine Liability in the Delivery Truck Accident Case

As in a regular vehicle accident, the first person to consider in accidents involving delivery trucks is the driver. Oregon follows a fault-based system for vehicle accidents, meaning that negligent drivers are at fault for accidents they cause and are responsible for paying damages. 

Can I sue the delivery company?

The answer to this question is not straightforward. In Oregon, you may be able to sue the delivery company on the legal principle of vicarious liability. This is also called respondeat superior, a Latin term that means “let the master answer.”

This legal doctrine means that an employer can be held responsible for negligent acts committed by his or her employees. This doctrine could help delivery truck accident victims pursue a party with deeper pockets than the truck driver. 

The following examples illustrate a few considerations a delivery truck accident lawyer will evaluate before deciding how to build the strongest case for compensation. 

Different case scenarios in an accident with a delivery truck

If your accident was the fault of a delivery truck driver who was an employee of a delivery company, such as a FedEx, Amazon, or UPS truck driver, you could investigate filing a claim against the trucking company. The Federal Motor Carrier Safety Administration (FMCSA) requires carriers to have insurance ranging from $750,000 to $5 million, depending on various factors. 

However, if the delivery truck driver who crashed into you was an independent contractor, the company is not usually liable for his or her actions. Yet, there may still be grounds to pursue the trucking company for compensation.

Examples of delivery truck driver negligence

Delivery truck drivers sometimes engage in risky behavior on the roads to try to complete their deliveries in the shortest possible time. 

Risky driving behaviors could include:

• Speeding
• Unsafe turns
• Fatigued driving due to not taking adequate breaks
• Carrying improperly secured loads
• Distracted driving
• Driving under the influence of drugs or alcohol

An Oregon delivery truck accident lawyer can carefully examine the evidence to build a strong case for truck driver negligence. However, as truck drivers may be limited in their ability to pay compensation, it’s important to explore whether the truck company could be partially liable.

Examples of delivery company negligence

Under tort law, employers of independent contractors are not responsible for their negligent or wrongful acts. However, a delivery company may be held liable for acting negligently in the following scenarios:

• Negligent hiring practices
• Providing negligent orders
• Engaging in inherently dangerous activities
• Failing to comply with state safety statutes

A truck accident attorney can investigate whether the trucking company’s actions could be considered the proximate cause of the accident. For example, suppose the company hired a driver with a record of DUIs or reckless driving. If he or she then went on to cause an accident that resulted in severe injuries, the trucking company may be liable for negligent hiring practices.

How Can an Oregon Truck Accident Lawyer Help?

Oregon’s personal injury laws can be complex. In delivery truck accident cases, you need to work with an experienced truck accident attorney who understands Oregon’s laws on vicarious liability and the importance of identifying all liable parties.

An Oregon truck accident lawyer can:

• Investigate your case: A lawyer can investigate photographs and footage from the scene to determine what happened. He or she will also examine police reports and other documentation, looking for evidence of negligent behavior on the part of the truck driver, delivery company, or another potentially liable entity or individual.
• Assess your losses: A delivery truck accident attorney can review your medical expenses, property damage, and lost wages. Additionally, he or she will consider your non-economic losses and calculate a fair amount of damages for the losses you have suffered.
• Battle the insurance company: Your attorney can handle all communications with the insurance company. He or she will submit a demand letter and then negotiate hard to try to secure the compensation you deserve.
• Represent you in court: Most personal injury claims are settled out of court. However, if it is not possible to obtain a fair settlement at the negotiating table, a truck accident attorney can fight your case in court.

Choose a Johnston Law Firm Delivery Truck Accident Lawyer

After an accident with a delivery truck, you need a strong advocate fighting tooth and nail for your legal rights. So turn to an Oregon law firm that uses the latest methods to give your case the best chance of success.

At Johnston Law Firm, we take a rigorous approach to each personal injury case we take on. We combine a compassionate approach for our clients with an assertive attitude in negotiations. If your case goes to court, we will use mock trials, scene recreation analysis, focus groups, and other cutting-edge methods to give your lawsuit the best chance of success.

Don’t let the insurance company trample on your right to compensation. Book a free consultation today. Call us at the number above or reach out online, and we will contact you soon.