It’s normal to see countless delivery trucks on the road daily, especially with the continual surge in online shopping. While delivery vehicles play a vital role in the economy, accidents can result in severe injuries, extensive property damage, and lengthy legal battles. This blog discusses the common causes of delivery truck accidents, what to do after being injured, and the complexities of multi-party liability.
Causes of Delivery Truck Accidents
Several factors contribute to the high number of delivery truck accidents in California. Long hours on the road lead to driver fatigue, one of the most common causes of delivery truck accidents. Pressure to meet delivery schedules can result in a company culture that encourages speeding, aggressive driving, and traffic violations.
The dramatic increase in online shopping since the 2020 lockdowns has necessitated hiring thousands of additional drivers. Due to time constraints, many new drivers lack sufficient training or experience to drive delivery trucks safely. Furthermore, increased demand for speedy deliveries has increased the number of overloaded or improperly loaded trucks, which can cause uneven weight distribution.
Immediate Steps After a Delivery Truck Accident
You will likely feel overwhelmed and confused right after an accident. Knowing the correct steps can make handling the aftermath easier and protect you from medical and legal complications.
Don’t Delay Medical Treatment
Your physical safety must be your priority after an accident. Accident victims often feel uninjured immediately following a collision, only to experience severe symptoms hours or days later. Adrenaline and shock can disguise pain, so many decide not to see a doctor. Internal injuries, brain trauma, and fractures are not always visible externally, so it’s crucial to have a thorough examination as soon as possible. Seeing a doctor also creates an official record of your injuries.
Exchange Contact Information
Speak to everyone involved in the accident and get their names, contact details, license plates, vehicle identification numbers, and insurance information. It’s important to avoid discussing the accident or making statements about who caused the collision. Anything you say may be used to incriminate you in subsequent legal proceedings.
Collect Evidence
If you can, take photos and videos of the accident scene. You should capture road conditions, vehicle damage, skid marks, street signs, property damage, and visible injuries. Remember to keep any documentation you receive related to the accident and your injuries. Diagnostic imaging scans, medical bills, police reports, and property repair quotations must be preserved for legal proceedings.
Gather Witness Information
While at the accident scene, speak to people who witnessed the accident. Ask to record their statements and get their contact details. If their statements provide valuable information, you may need them to testify about what they saw. Witnesses can offer critical insights to help establish fault.
Contact an Attorney
Schedule a consultation with an attorney as soon as possible. The legal system can confuse inexperienced citizens, so an attorney will provide invaluable support. Your attorney will handle all the complex administrative details of your case to ensure you adhere to regulations.
Delivery companies often have comprehensive commercial insurance and dedicated legal teams that will fight to minimize payouts. Having an expert advocate can help you avoid being undermined or manipulated.
File an Insurance Claim
Notify your insurance company about the accident as soon as possible. Your personal injury attorney can handle all communications to ensure your claim is dealt with properly. While your insurance policy should protect you, it is common for insurers to undervalue your claim to protect their bottom line. Do not discuss liability with anyone except your attorney.
Multi-Party Liability
Delivery truck accidents can involve multiple parties who may share liability. The truck driver, the delivery company, the vehicle manufacturer, the cargo loaders, and the maintenance company are all potentially liable for the accident. Liability is typically determined through investigation and evidence gathering, but assigning fault can be complicated when several parties are involved.
Comparative Fault
California follows a comparative fault system, which means that if you share partial responsibility for the accident, your compensation may be reduced. For example, if you are found to be 20% at fault for the collision, your damages will be reduced by 20%. Compelling evidence and thorough documentation are critical for fault to be assigned accurately.
Navigating Settlements
Many personal injury claims are settled out of court to reduce legal expenses and reach a resolution quickly. Agreeing on a fair settlement requires negotiating with insurance companies and commercial attorneys who may use underhanded tactics to undervalue your claim. Your attorney is responsible for assessing your damages, including medical expenses, lost wages, and pain and suffering, to negotiate for the maximum settlement amount.
Moving Forward After a Delivery Truck Injury
Delivery truck accidents in California can have serious consequences for victims. If you are injured by a delivery truck, it’s vital to act quickly and follow the steps outlined in this blog. Contact HHJ Trial Attorneys to schedule a free consultation. Our expert attorneys will protect your rights, advocate for your financial security, and handle negotiations.
