How Does a Delivery Truck Accident Case Work?Request Free Consultation
We are a nation that’s come to rely on the quick delivery of goods and services, including essential items, gifts, and household products from major online retailers like Amazon, as well as the instant gratification of our latest meal cravings from GrubHub, DoorDash, and similar services. But along with the convenience of front-door deliveries comes the increased risk of accidents involving delivery trucks and vans on our congested roadways.
What happens after a delivery truck accident? Who is liable for damages, and how does an accident claim work in comparative negligence insurance states like California?
Proving Liability in Delivery Truck Accidents
It often takes a skilled personal injury attorney with experience navigating delivery truck accidents to investigate all aspects of the accident and determine the correct liable party. Because most major online retailers use a variety of delivery services, the company itself isn’t always the liable party. The liable party in a delivery truck accident could be the driver—if they’re an independent contractor, a delivery company, or the online retailer itself if the delivery driver worked for them. Less commonly, the liable party is a delivery truck maintenance company, the manufacturer of a defective truck part, a freight loading company, or a negligent road maintenance agency.
Once an attorney investigates the accident and determines the correct liable party and the appropriate insurance company, they’ll document evidence of liability by demonstrating the following:
- The at-fault party owed a duty of care to take reasonable measures to avoid causing injury to others on the road
- They breached this duty through negligence
- The negligent breach of duty directly caused the accident and injury
- The injury victim suffered significant damages from the injury
Damages in a personal injury claim are the economic and non-economic consequences of the accident suffered by the victim. When a party is liable for damages, the compensation typically comes from their insurance policy. Sadly, major retailers have powerful insurers who often attempt to minimize or deny claims by assigning injury victims an undue percentage of fault in the accident. Experienced San Diego truck accident attorneys know how to anticipate these tactics and counteract them with evidence to maximize the compensation a victim recovers for their damages.
Common Damages in Delivery Truck Accident Claims
Because commercial drivers are on the road all day, they are held to a high standard and expected to take all reasonable measures to avoid accidents. If they’re negligent or reckless behind the wheel, their insurance provider must pay out on claims for damages. Common damages in delivery truck accident claims include the following:
- Property damage to the victim’s vehicle
- Medical expenses and future medical expenses for healthcare needs stemming from the injury
- Lost income and future income loss
- Diminished future earning capacity due to disability from the accident
- Pain and suffering
- Other non-economic damages may apply, such as disfigurement compensation, emotional trauma, or loss of enjoyment of life
Compensation in monetary form for non-economic damages like pain and suffering cannot erase pain but it helps victims achieve a sense of justice and holds negligent parties accountable.
Will I Have to Go to Court for a Delivery Truck Accident Claim?
The bulk of car and truck accident claims settle out of court when a skilled attorney investigates, documents evidence, calculates damages, and sends a detailed demand packet to the insurer proving their client’s liability. Only in about five percent of cases does the matter proceed to court for a jury to decide. This occurs when the insurance company fails to offer an ample settlement or wrongfully denies a claim.
A skilled San Diego car accident attorney with a history of strong litigation strategies in court can benefit your delivery truck accident claim and maximize the amount of compensation you recover through a settlement or jury award for damages.