Delivery trucks are a common sight on our roadways. Usually, they elicit thoughts of longed-for packages and goodies and sought-after consumer goods. While delivery services offer incomparable convenience, they also increase the risk of accidents and personal injury.
So what happens when one of those delivery vehicles ends up causing an accident? When the at-fault party is a truck driver who caused a delivery truck accident while on the job, the driver’s employer could be liable for the resulting damages.
At Henderson Law, we’ve spent 25 years handling complex delivery truck injury claims. We passionately represent trucking accident victims. Contact us today, and one of our delivery trucking accident attorneys will work to craft the most effective legal strategy to ensure you get the full and fair settlement you deserve.
Determining Liability for a Delivery Truck Accident
California follows comparative negligence laws. This system allows a defendant to claim comparative negligence as a defense, reducing the amount of fault assigned to them in a case. For example, a defendant who is only 20% at fault for contributing to a car accident will be only 20% liable for the ultimate award a plaintiff receives.
Applying the same comparative negligence rule, a plaintiff may be responsible for some percentage of the accident if an investigation reveals that they shoulder any fault. However, finding fault on the plaintiff’s behalf does not bar recovery. It means only that the plaintiff loses a percentage of their settlement or award equal to their fault percentage.
It’s also possible for a delivery truck accident to involve one or multiple defendants. Liability situations vary. If the truck driver is solely responsible for the accident and caused it while performing job-related duties, the driver’s employer would be at least partially liable.
However, if the employee was off the clock when the accident occurred or was otherwise acting outside the scope of their employment, an at-fault driver’s employer may deny liability.
If a faulty truck part caused the delivery truck’s accident, the manufacturer of that part could also face a product liability claim. In this case, an attorney would need to prove that the part in question was defective and that the defect caused the damages.
Other third parties may also share responsibility for a delivery truck accident. In this case, multiple parties may share liability for any damages.
California’s strict liability law assures that designers, manufacturers, and companies involved in a product’s distribution chain can all be held liable if one of their defective products contributes to causing a truck accident. In strict liability cases, negligence is not a factor in determining liability.
These companies can be found liable whether or not they made mistakes that contributed to the truck accident.
Given the number of complicated factors involved with assigning fault, it’s essential to have a skilled lawyer on board. A delivery trucking accident lawyer can help you determine liability, put a dollar value on your claim, and guide you through other complex liability issues.
Damages and Compensation
After a delivery truck accident, compensatory damages are intended to reimburse you for your losses. But you must prove you were harmed or injured to collect damages.
Once you prove you were hurt or injured, you may be entitled to monetary compensation for medical bills, loss of work, any future predicted loss of income from work, and pain and suffering. Other economic damages may include vehicle repair, emotional distress, loss of consortium, and loss of enjoyment of life.
Though a delivery driver may be at fault for an accident, damage recuperation efforts often focus on the delivery company, not the driver. Delivery companies carry a commercial auto insurance policy or occupational accident insurance that covers their drivers while actively working.
If a negligent delivery truck driver injured you, you might also file a personal injury lawsuit. However, you must prove that the truck driver was negligent in causing the accident to move forward with a claim.
Damage recuperation efforts, in this case, often also focus on the delivery company. Beyond insurance claims, a delivery company has significantly more assets than the average individual, and lawsuits against companies have a much greater chance of recovery.
Henderson Law Can Help
Henderson Law specializes in fighting for high-dollar settlements for the people of Santa Rosa who’ve suffered a loss due to accidents, injuries, and death. We help clients seek the compensation they deserve.
Let a proven Santa Rosa delivery truck accident legal team handle your journey to justice. Reach out to us today or visit us online to schedule a free consultation.