Delivery truck accidents can be very complex when it comes to determining who is at fault. Cargo companies use independent contractors and third-party fleets, making it challenging for victims to know who to sue. When you combine the legal complexities with medical recovery, many victims will not file claims or take low settlements.
Protect yourself and speak to a delivery truck accident lawyer in Germantown, TN, from Gatti, Keltner, Bienvenu & Montesi, PLC.
Trucks that Qualify as Home Delivery Trucks
Delivery trucks are smaller than tractor-trailers and other commercial vehicles but can be just as dangerous. Delivery companies have fleets of vehicles of different sizes and drivers with various levels of experience. Delivery trucks you will see around include:
- Box trucks
- Flatbed trucks
- Cutaway van chassis vehicles
- Large vans
Regardless of the truck, you have legal rights to compensation and justice if you are struck by a delivery van or truck.
For a free legal consultation with a delivery truck accidents lawyer serving Germantown, call (901) 526-2126
Liability Can Be Complicated
Delivery truck accidents are so complex because of the relationship that delivery companies have with their drivers. The most complex arrangement is the one Amazon has with its drivers. Amazon is notorious for hiring third-party companies to employ drivers, which shifts their liability substantially.
They also use private contractors, and you face a multi-defendant lawsuit when an accident happens. These companies can use any guise they want, but a GKBM Germantown delivery truck accident lawyer will sift through their excuses and hold every party responsible for their actions.
Germantown Delivery Truck Accident Lawyer Near Me (901) 526-2126
Driver Negligence May Cause Accidents
The most frequent cause of delivery truck accidents is driver negligence. A driver is negligent when they do not follow traffic rules and other regulations. Common driver errors include:
- Lack of driver training
- Driver fatigue
- Inclement Weather
- Failure to abide by the right of way
- Failure to inspect and maintain vehicle parts
- Backing up without looking
- Making swift and unexpected turns
Delivery companies must take action and ensure their drivers are not overworked and follow all traffic laws. When they employ a driver, they take responsibility for their actions. They must be held accountable when those drivers cause injury and damage during a delivery truck accident.
Fault in a Germantown Delivery Truck Accident
The large size and heavy weight of delivery trucks often make these crashes much worse than with passenger cars. Other motorists are more likely to experience injuries than truck drivers. Delivery drivers are not the only ones responsible for paying your losses. Many other parties could be found at fault, including:
- Delivery companies
- Parts manufacturers
- Freight loading companies
- Third-party maintenance companies
- Government agencies
- Other motorists
Liability is the most complex element of a delivery truck accident claim. Still, a skilled Germantown delivery truck accident attorney knows what it takes to prove these claims and get you the compensation you deserve. The first step is identifying everyone involved in an accident and reviewing their insurance policies.
Your GKBM attorney can then begin filing the necessary paperwork. It is common to see multiple parties in your accident claim, and you need a lawyer with experience in multi-defendant lawsuits.
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Proving negligence in a delivery truck accident requires extensive investigations and advice from legal experts. You must first find who was negligent in the situation and then find proof of their negligence. Truck accidents have various responsible parties, and proving negligence involves:
- Showing the at-fault party owed you a duty of care. That means a reasonable person would take the same actions given the same circumstances to avoid injury and harm to others. When they neglect to take these actions, it is a breach.
- Showing the at-fault party breached their duty of care. Suppose the delivery company did not offer adequate training; that is a breach of duty and therefore makes them liable.
- Directly connecting the breach to your injuries. Your attorney must show evidence that the failure was the cause of your injuries and damages. You must establish the relationship between the breach and your losses.
Insurance Companies Will Offer Small Settlements
When victims receive a call from the insurance company with an offer, they jump for joy because they think their troubles are over and they can move on from the accident. This is standard practice for delivery truck accidents because the insurance company is trying to get rid of you for cheap.
Before you accept an offer, speak to a delivery truck accident attorney in Germantown, TN. Once you accept an offer, it is final, and you cannot take further legal action. The insurance adjuster knows this, and they will want to get you to settle before you have a chance to calculate your long-term losses.
Dealing with Permanent Injuries
When you suffer a permanently disabling injury like spinal cord trauma, you will need to look for other avenues of compensation. Delivery trucks are massive and can cause a lot of damage to victims. The insurance company limits will be exhausted far below what you need to pay for your current and long-term expenses.
The spinal cord, in particular, is susceptible to injury, and damage can lead to paralysis without a clear path to recovery. Permanent injuries like spinal cord trauma are high-value claims because of the permanence of damage and disabling elements. You may be facing years of care and treatment costs that must be factored into your claim. Your lawyer will guide you in calculating the amount you need to live comfortably in your new life.
Call a Germantown Delivery Truck Accident Lawyer Today
After a delivery truck accident, you are in pain and looking for answers. While we cannot turn back the clock and prevent the accident, we can get you the justice you deserve for your injuries and losses. There is limited time to file a claim, and you must speak with our Germantown delivery truck accident lawyer immediately to get a clear picture of your next steps.
GKBM works diligently to represent truck accident victims and can guide you from beginning to end. After a delivery truck accident with an Amazon, FedEx, or UPS truck, contact us for a free case review.