Due to easy and quick delivery and affordable shipping opportunities from many companies, more people in Pensacola are getting products through delivery trucks than ever before. However, these trucks can be involved in serious auto accidents. Getting hurt in an accident with a delivery truck driver raises additional legal questions beyond that considered by a traditional personal injury victim.
If you or a loved one is trying to figure out what happens next after you’ve been struck or injured by a delivery truck driver’s negligence, you need an experienced lawyer to help you. Our Pensacola truck accident attorneys at Stevenson Klotz Injury Lawyers can help you file a lawsuit after an accident with a delivery truck driver.
The Risk of Delivery Truck Accidents
Most delivery trucks — including vans, box trucks, flatbed trucks, and platform trucks — are large vehicles. Their size causes significant damage when involved in an accident.
Truck drivers, like all other drivers on the roads of Florida, have a legal responsibility to exercise a duty of care to other drivers. This means following applicable road and traffic laws.
When a driver breaches this responsibility for safety and causes someone else to get injured, the victim may be able to file a lawsuit to recover compensation.
Why Do Delivery Truck Accidents Happen?
There are many different reasons why delivery truck accidents happen across Florida. These often include reckless behaviors or failure to take action on the part of the delivery truck driver or their employer.
Some of the most common examples include:
- Insufficient training
- Fatigue from working long hours
- Distracted driving
- Poorly maintained vehicles
- Overloaded or unsecured cargo
- Drug or alcohol use
- General driver negligence
A thorough investigation of a delivery truck accident scene and an interview with the driver may be required in order to determine what went wrong before a crash.
Who is Liable for a Delivery Truck Accident?
A claimant needs to show that another party, or multiple parties like the driver and their employer, caused the accident.
In most cases, a delivery truck driver may be held responsible for the accident, whether they were rushing to meet time commitments or were simply driving unsafely for the size and weight of their vehicle.
If the actions that caused or contributed to the accident are also under the umbrella of responsibility for their employer, you may have a claim against that party as well. For example, if the delivery truck driver was operating a vehicle that had not been appropriately maintained, or the driver themselves did not get the proper training to drive for the company, this can open a claim against the employer.
If any defective parts on your vehicle contributed to the accident or caused the outcome of the accident to be much worse, you may also have a claim involving a manufacturer.
Bear in mind that delivery and shipping companies may dispatch their own accident investigation teams to the scene. You also need a Pensacola truck accident driver in your corner to take your case seriously.
When Can You Sue for a Delivery Truck Accident?
Many deliveries for big companies like Amazon are carried out by third-party smaller shipping companies. Rather than being classified as employees, these companies are typically under contract. Usually, your lawsuit in these situations will not be directed at Amazon but must instead be applied to the third-party delivery company.
If you can show that another party’s negligent behavior contributed to injuries that have left you dealing with the cost of those injuries, you can file a delivery truck accident lawsuit. You may need this compensation to move on with your life and recover from your injuries, and sometimes, your insurance isn’t enough.
To win a lawsuit against a trucking company, you will need to show that the other driver owed you a duty of care, breached this duty of care, and that you have substantial injuries as a result.
What Are the Most Common Injuries in a Delivery Truck Accident?
Each delivery truck accident is unique, but many of them involve common injuries for victims who are struck due to a driver’s negligence. This can include:
- Broken bones
- Head or brain injuries
- Internal bleeding
- Spinal cord, neck, or back injuries
- Internal organ damage
Even if you feel fine at the scene of the crash, it’s wise to go to the doctor for a screening. Some of these injuries, like internal organ problems or whiplash, don’t cause symptoms right away. You may have a mix of injuries, with some that heal relatively quickly and others that require ongoing medical care like physical therapy.
Compensating Damages for a Crash with a Delivery Truck
Common damages in a delivery truck accident in Florida include pain and suffering, lost wages, and medical costs. Medical expenses cover a broad range of costs, like nursing home care, ongoing treatment, wheelchairs, medications, physical therapy, and more. If you missed work, you may have an additional component to your claim for the lost time at work.
Furthermore, if you lost a loved one because of a delivery truck driver’s negligence, or the company’s negligence, you may be able to open a wrongful death claim. If you file a wrongful death lawsuit due to the loss of a loved one, you may be entitled to additional compensation like medical care faced by the loved one after the accident, burial, and funeral expenses, and lost companionship and support.
How do you show a vehicle was poorly maintained?
If a truck company attempted to cut its costs by poorly maintaining vehicles, you may need a lawyer who has familiarity with out-of-service violations.
The Insurance Institute for Highway Safety Research has found that vehicles with out-of-service violations were four times more likely to lead to car accidents than in trucks with sufficient maintenance. Your injury lawyer may ask to see maintenance records to learn more about problems with the truck that contributed to the crash.
Hire a Pensacola Delivery Truck Accident Lawyer
Our delivery truck accident lawyers in Pensacola know what to do first when helping a victim gather information and file a lawsuit. We work with you from day one to get the right materials organized for your lawsuit so you know what to expect. You need to act quickly to preserve evidence and your legal rights.