Who Is Liable After A Delivery Truck Accident?


Delivery trucks are used more and more as consumers rely on them to receive products they order online. However, these vehicles can be relatively large and can cause a lot of damage when they strike other vehicles. If you are involved in an accident with a delivery truck, you must take swift action to make sure that you will receive compensation for your injuries.

How to Determine Liability

With cases involving a delivery van, one of the issues you will need help with is determining who you should sue. You may file a lawsuit against the individual driver or you might file a lawsuit against the individual company. The company will likely have more assets and their vehicles will be covered by a commercial vehicle insurance policy. However, they may have more ways to avoid liability for your damages.

Insurance providers will often fabricate reasons for why they do not have to compensate you for your injuries. They may also choose to deny your claim using a bad faith argument or delay the processing of your claim. Therefore, you will need help from an experienced delivery truck accident attorney.

When the Company Won't Be at Fault

In some cases, the company will not be at fault. For example, if the actions of the delivery truck driver were intentional, the driver might be the only party at fault. Also, if the driver is an independent contractor, they might be held at fault for the accident.

When the driver is an independent contractor, they are self-employed and do not work directly for the company. Therefore, you may be forced to sue the independent contractor directly. The driver will still likely be carrying insurance but the coverage might be much lower for a self-employed driver. 

How to Find a Driver at Fault

To find the driver at fault, you will need to prove that they were negligent and that the accident resulted from negligence. To do this, you will need to prove that the driver violated a law or regulation. In addition to the normal regulations that drivers are expected to follow, there are regulations that commercial truck drivers in particular are expected to follow. 

A truck accident lawyer will be able to track down:

  • Surveillance footage
  • Eyewitnesses
  • Employee background information
  • Driving logs
  • The black box

Each of these items could be used to present a solid case to the insurance provider of why you deserve compensation for the accident.

For more information, contact a local truck accident lawyer.  


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