Delivery truck drivers for parcel delivery companies such as Amazon, UPS, FedEx, and USPS log millions of miles a year, especially during the traditional holiday season. Many of these miles are driven under extreme time pressure.
Although delivery truck drivers are trained before they are sent out on the road, serious accidents involving these vehicles are all too common.
If you’ve been involved in an accident with a delivery truck, you may be entitled to compensation. Here, we look at the various considerations you’ll need to take into account in this situation.
Preparing Your Claim
The more support you have for your claim, the more likely you are to be successful. At the very least, you should try to collect the following evidence:
- The delivery truck driver’s contact information, vehicle plate number and insurance documentation.
- Contact information for the driver’s employer. Depending on the company, this may be written on the side of the vehicle with which you’ve had an accident.
- The driver’s log book. Federal hours of service (HOS) regulations, as set out by the Federal Motor Carrier Safety Administration (FMCSA), require delivery truck drivers to keep logs of all their journeys. If you have trouble getting the driver’s employer to release the log book, don’t worry; your attorney will be able to request it during the discovery process if you end up filing a lawsuit against the company.
- A copy of the police report. You should be able to access this by getting in contact with the Maryland State Police Department’s Central Records Division.
- Contact information for eyewitnesses (whose statements can be used as evidence).
- Photographs of your damaged vehicle and the delivery truck vehicle, if you were driving at the time of the accident.
- Photographs of the scene of the accident (taken at a later time if necessary).
- Your medical records (including medical bills).
Who to File Your Claim Against
If the accident was the delivery truck driver’s fault, you will probably be able to file claims against both the driver and the parcel delivery company, as long as the driver was both:
- A company employee (not an independent contractor)
- On duty at the time of the accident.
Crucially, you won’t have to prove that the parcel delivery company was at fault because of some failing in its policies, training protocols, or safety requirements. In Maryland, employers are considered vicariously liable for the negligence of their employees.
Suing vs. Settling
Only a small percentage of personal injury lawsuits ever make it in front of a judge and jury. In the majority of cases, defendants and plaintiffs agree on settlement between themselves in an out-of-court setting.
You might even be able to come to an agreement with the other party to the dispute without having to file a lawsuit at all, though you may end up having to file a lawsuit at some point just to improve your bargaining position. You can continue negotiating while the suit is pending, and you can settle at any time up until the final verdict.
Pre-trial settlements are generally preferable for both plaintiffs and defendants, as they cost less, result in a quicker conclusion, and usually cause much less stress. Judges and juries are typically reserved for cases in which there is so little common ground between parties that productive negotiation is impossible.
What You Have to Prove
To win a lawsuit against the delivery driver, you will have to prove that the driver was negligent. You will also have to prove that the driver’s negligence was the direct cause of your accident and that you suffered damages as a result of the collision.
You don’t have to prove any of this “beyond a reasonable doubt” (as in a criminal case) – you only need to meet the “more likely than not” standard.
Common Injuries Arising From Delivery Truck Accidents
Delivery trucks are typically larger and heavier than other vehicles in an accident situation, so they pose an even greater risk of serious injury to other road users when a crash happens.
Here, we look at some of the injuries our delivery truck accident clients are often left with.
Head and Brain Injuries
According to data from the American Association of Neurological Surgeons, motor accidents are the second biggest cause of head injuries in the U.S., after falls. They’re especially common in accidents involving heavy impact, which often occurs in delivery truck collisions. They can happen when your head strikes some part of the vehicle or just from the violent shaking that occurs during the collision.
Head and brain injuries can range from mild concussions to severe traumatic brain injuries (TBI).
Neck and Spinal Cord Injuries
Whiplash is a very common neck injury in road accident cases. It occurs when the head is jolted backward and then rapidly forward.
While whiplash can be debilitating, it’s on the less serious end of the spectrum when it comes to spinal injuries. More severe spinal damage can cause partial or complete paralysis.
Internal Injuries
Internal injuries, such as damage to organs like the liver, spleen, or lungs, can occur from the sheer force of a truck accident impact or due to crushing inside the vehicle. These injuries may not be immediately apparent and can be life-threatening, requiring urgent medical attention. This is one reason why it’s so important to seek medical attention after an accident if you’re not attended to by paramedics, even if you feel perfectly healthy.
Burns
In some cases, delivery truck accidents can lead to fires and explosions, resulting in burn injuries. There are four degrees of burn injuries; fourth-degree burns (the most serious type) go so deep that they damage muscle and bone. Injuries like these often require specialized medical treatment and can result in long-term scarring and disfigurement.
Psychological Injuries
Delivery truck accidents can cause psychological harm as well as physical injuries. Many of our clients come to us with issues like post-traumatic stress disorder (PTSD), anxiety, and depression.
If you’ve developed mental health issues after a road accident, it’s important to be aware that these entitle you to compensation, just as physical injuries do. However, it can be more difficult to prove the existence and seriousness of psychological problems. You can present scans that clearly show bone fractures or organ damage, but no equivalent form of evidence exists for mental health issues.
This is one among many reasons why you need a competent road accident attorney in your corner when you’re pursuing a case like this. Your lawyer should be able to use the available evidence to paint an undeniable picture of all your accident-related symptoms and get you the compensation you deserve.
Get the Help You Need With Your Truck Accident Case
If you want to maximize the compensation you get following a delivery truck accident, it’s imperative that you work with an experienced lawyer. Contact us today to schedule your free initial consultation; you can reach us via our online contact form or over the phone at (410) 625-4878.