What to do if you were hit by a delivery truck
delivery truck
Greg Prosmushkin
Jul 16, 2021

A truck accident can occur for a number of reasons, including missteps and oversights. The blame usually falls on the driver, but different parties can be held responsible for causing an accident. An at-fault party might be the trucking company, delivery service, or even the manufacturing company. 

Accidents of this nature affect thousands of individuals every year and can even harm the reputation of the company or the driver. Truck accidents are usually scarier because they are more likely to result in fatal injuries. Most of the time, truck collisions can be prevented if safety precautions are followed. 

Here are some of the most common causes of truck accidents:

  • Distracted driving
  • Speeding and passing
  • Weather conditions
  • Alcohol and drugs
  • Poor and insufficient training of the driver 
  • Poor maintenance of the truck 
  • Improper cargo loading 

The outcome of truck mishaps can be serious and often lead to painful injuries. These are some of the common injuries that a truck or car accident can result in: 

  • Back and neck injury
  • Spine damage
  • Head and brain injury
  • Cuts and bruises
  • Broken bones
  • Internal injuries such as bladder, spleen, liver, pancreas, or kidney damage.

Determining the liability 

Liability in such accidents is one of the prime concerns. It can be difficult to determine who is liable for an accident. Determining liability plays a crucial role toward recovering compensation from the accident.

A trucking company can be held liable when a commercial driver’s negligence causes an accident. They are responsible for assigning the driver’s work, training, and vehicle maintenance. The accident would be considered work-related if the driver was performing work-related duties. A trucking company may be at least partly responsible to pay compensation to the accident victim. 

Some victims, while seeking treatment after the crash may face Medical malpractice. The medical provider’s negligence can actually worsen the injuries caused by the accident. If this has happened to you, you should consult with a qualified legal professional. They will help you to determine who is liable for your injuries and monetary losses and to what extent. 

Suing the delivery company 

Different parties can be held responsible in truck crashes which often makes it a daunting process. You may be able to sue the trucking company if the following factors apply:

  1. The driver is considered an employee 
  2. The driver is not an independent contractor 
  3. The driver was performing normal duties in the course of his/her employment

A claim against the delivery company will also depend on whether you can prove that the company itself was negligent. You may be able to sue the company in the following situations: 

When the driver is an employee

You can sue a delivery company for losses if the driver is considered an employee of the company. Regardless of the type of vehicle accident, the company may be held responsible if the driver was operating within their regular scope of work.

When the driver is an independent contractor 

It is important to understand that the delivery company may not be liable in all situations. For instance, they may not be liable when the driver is an independent contractor. The driver may only work a few hours per week for the company and the company may have only limited control over the drivers normal operations. Independent contractors are often considered self-employed. It might get difficult to determine the liability of a particular company, but a qualified attorney can still assist you with bringing a claim against the driver. 

When the delivery company is itself negligent 

You may be able to sue a delivery company when you can prove their negligence. They may be held liable or at fault in any of the following situations: 

  •  Negligent hiring of the driver 
  •  Poor training practices
  •  Falsified service logs 
  •  Failure to repair and maintain trucks 

Follow driving laws and regulations

When it comes to defensive driving, following traffic rules is essential. Every state has its own laws, and it is important to follow them. Make sure you know all the rules and regulations of driving in your state so that you drive carefully every day. If you are hit by another vehicle, you can file a complaint against the negligent driver. Keep a record of evidence, to include medical documentation, to help prove any Personal Injury Claims

What options do I have? 

After any vehicle accident, you should prioritize your safety and the safety of other passengers. If you are hit by a delivery truck, you should immediately call the police and emergency medical services. Check yourself and your passengers over to ensure there are no significant injuries in need of immediate attention. Try to ensure that others involved are safe. Provided there are no serious injuries, you should obtain the following information:

  • The delivery driver name and contact information 
  • Ask for the driver’s insurance information
  • Take photos and videos of the accident scene 
  • Contact information for any witnesses

The driver’s contact, employer name, photos, and witness information could play an integral part in obtaining compensation for your damages. 

File a lawsuit to obtain compensation

If you have been injured or your property has been damaged in an accident caused by a delivery truck driver, you can file a lawsuit to recover compensation for your losses. 

Before commencing legal action, you should first contact a Philadelphia truck accident lawyer for more information on how to obtain fair compensation for your damages.

 

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