Who Is Liable in a Delivery Truck Accident: Th Driver, The Company, or Both?

With more and more people shopping online, it is not unusual to see a delivery vehicle on the road, such as a UPS, FedEx, or Amazon truck. Since there is a pressing need for packages to arrive on time, many delivery truck drivers are under pressure to complete their daily routes. 

Sadly, this can sometimes lead to unexpected accidents. In fact, in just 2022, there were more than 9,000 semi-truck accidents in California, according to one source.

If you or your loved one has recently been in an accident involving a delivery truck, you may rightly be thinking of suing to get compensation for damages suffered. Perhaps you may feel that the delivery driver was solely at fault. However, determining delivery truck accident liability is not as simple as it may appear. 

Differences Between Car Accidents and Delivery Truck Accidents

First, it is important to note that there are considerable differences between car accidents and collisions that involve delivery trucks. 

Some of these differences include:

• Injuries and damages: Whereas accidents between cars can range from fender-benders to major crashes, accidents involving delivery trucks tend to be catastrophic. Victims are typically left with severe, life-changing injuries.
• Insurance policies: Car accidents usually involve only the insurance policies of both drivers. Also, auto insurance policies generally carry lower liability limits. However, a delivery truck accident may involve multiple insurance companies with much higher limits.
• Investigation: Although a thorough investigation would need to be done in the aftermath of both types of accidents, the investigation is much more extensive in accidents that involve commercial trucks. In addition to obtaining police reports and insurance information, reports of maintenance inspections and repairs, prior drug testing results, and other evidence would need to be collected.

This simple list highlights some of the major differences between typical car accidents and delivery truck accidents. In the aftermath of an accident with a delivery vehicle, having the assistance of an experienced truck accident attorney is vital.

Potentially Liable Parties in Truck Accidents

Another difference between accidents involving just cars and collisions involving delivery trucks is the potentially liable parties. With commercial truck accidents, there may be several potentially liable parties. Some of these may include the following.

A negligent delivery truck driver

By far, driver error is often found to be the most frequent cause of accidents that involve delivery trucks. Quite often, delivery drivers engage in reckless driving — such as speeding, failing to yield, or tailgating — in an effort to complete the route on time. A truck driver may even be under the influence of alcohol or drugs, which would impair his or her judgment.

In some cases, delivery drivers may be distracted while driving, and this negligent behavior could result in a truck accident. Some forms of distracted driving in which delivery truck drivers may engage are programming the GPS, talking on the phone, or eating and drinking.

The delivery company

A delivery truck must be loaded and secured using the proper equipment and not exceed weight restrictions. Failure to load a truck properly can cause a tire blowout, which may result in an accident. If the trucking company fails to train its employees on the correct procedures for loading or to provide the appropriate equipment, then it may be found liable for negligence.

The delivery company may also be liable for an accident if it fails to take the necessary steps to hire responsible delivery truck drivers. This would include conducting background checks and ensuring the driver has the proper qualifications for driving a commercial vehicle, as well as any necessary training.

The maintenance company

It is necessary to keep delivery trucks in a safe operating condition. This means periodic inspections and repairs of parts and systems. If the delivery company hires a separate maintenance company that fails to make the needed repairs or takes shortcuts on inspections and a delivery truck accident results, the maintenance company may be found liable.

For example, if there is a failure to properly inspect and repair the braking system, and the driver fails to stop due to brake failure, the maintenance company could be held responsible. The same would be true if it were discovered that worn-out tires or a malfunctioning steering system were the cause of the crash.

The truck manufacturer

If an investigation reveals that the cause of a delivery truck accident is a defective truck part, then the manufacturer of that part could be liable for compensation. The law stipulates that any part that a manufacturer produces must be in a safe working condition.

In some cases, a manufacturer may choose to use weaker materials in an effort to save money. Or, rather than correct a design defect, the manufacturer may choose to let it stand. These are some examples of negligence that could occur on the part of the manufacturer. While this list is not comprehensive, it shows that there may be multiple potentially liable parties in cases of delivery truck accidents.

That is why it is crucial for an extensive investigation to be done in the aftermath of the collision when determining delivery truck accident liability. The exact cause of the accident would need to be established in order for a victim to pursue personal injury compensation from the delivery driver or parties.

Compensation You May Be Entitled to Receive

Victims of delivery truck accidents should not have to suffer a loss for the negligent acts of another party, such as a delivery driver. The law entitles a victim to pursue compensation from the at-fault party.

Such compensation may include:

• Loss of income 
• Medical expenses
• Property damage
• Pain and suffering
• Funeral and burial expenses (if a wrongful death occurred)

Our Lawyers Stand Ready to Assist You

If you or your loved one has recently been in an accident with a delivery truck, the recent change in your circumstances may be causing you to feel completely overwhelmed. But you do not have to suffer alone. Remember that you have rights.

It only makes sense for any negligent parties to pay for your recovery, including the truck driver, if he or she is an independent contractor. However, there are many reasons why trying to pursue compensation on your own would not be wise. You need the assistance of an experienced truck accident lawyer.

First, an extensive investigation would need to be done to determine the exact cause of the accident. Second, your total losses must be calculated. Finally, you would need to negotiate a fair settlement with an insurance company or companies that are trained in tactics for lowering settlement amounts. 

Additionally, you must deal with teams of lawyers who are skillful in defending their clients in personal injury claims. Why deal with that on your own?

The personal injury lawyers at Johnston Personal Injury Law Firm, with years of experience backing us, are committed to protecting your rights and recouping your losses. We can offer a personalized approach to handling your situation and 24/7 access to a team that cares and works tirelessly on your behalf. Contact us today to schedule your free, personal case review and get started on determining liability for your case.