With more and more trucks making deliveries every day in and around Huntington, New York, delivery truck accidents are bound to happen. When they do, other drivers on the road and pedestrians can suffer life-altering injuries.
Delivery companies have a duty to hire and train competent drivers, and because of this responsibility, they may be held liable for injuries caused by their drivers. If you have been injured in an accident involving a delivery vehicle, contact one of our Huntington delivery truck accident lawyers for a free case review.
Accidents with Delivery Trucks Can Be Complicated
Pursuing a claim against a delivery truck driver and delivery company can be highly complex. For example, some delivery drivers function as independent contractors and not employees. If this is the case, you will need to take legal action against the driver as an individual rather than the delivery company as an entity.
The claims process often involves the other driver’s insurance adjusters, who are actively working against you to deny or minimize your claim. Even if it seems obvious that the other driver was at fault in the accident, their insurance company may try to place the blame on you.
When insurers do take responsibility, they’ll try to lowball you and pressure you to quickly accept a settlement due to the financial pressure you may be under. When you allow one of our delivery truck accident attorneys in Huntington, NY, to handle your case, your attorney will negotiate with the insurance companies to obtain a fair settlement.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Negligence in Delivery Truck Accident Cases
Accidents involving commercial delivery trucks or vans may have more than one liable party. These parties may include the delivery van company, the driver, the parts or truck manufacturer, or another third party.
Delivery Company Negligence
As delivery services become more popular, companies are rushing to meet the rising demands. An employer might try to expedite the hiring process and put a new driver in a truck without completing a proper background check. Additionally, drivers might not receive training on safely carrying out duties.
The Federal Motor Carrier Safety Administration (FMCSA) outlines Hours of Service regulations that limit the amount of time commercial drivers can be behind the wheel. Like other commercial vehicle operators, delivery drivers must limit their driving to no more than 11 hours per day, followed by 10 hours of rest. Unfortunately, companies often break this important safety rule.
Delivery vehicles must be loaded strategically and with the right sized load. Imbalanced loading or overloading of delivery trucks puts the driver, other motorists, and pedestrians at risk. The delivery company is required to adhere to applicable safety protocols when loading the vehicle, and failure to do so may expose the company to liability for your injuries.
Delivery Driver Negligence
Like any driver on the road, a delivery truck driver can cause an accident if they fail to exercise a reasonable duty of care when driving. If you sustained injuries in a collision caused by a delivery driver’s negligence, you might be able to file a claim against the driver.
Common examples of truck driver negligence include:
- Driving under the influence of drugs or alcohol
- Distracted driving
- Driving while fatigued
Occasionally, a defective part in a vehicle will cause an accident. If we can prove that the defective component caused the collision, the parts manufacturer or truck manufacturer may be held liable for the victim’s injuries and losses.
We Can Help You Seek Compensation
Whether your accident was caused by the negligence of the delivery driver, the company, or a manufacturer, it might be challenging to pursue the amount of compensation you need. Insurance companies often retain teams of attorneys and other experts who might blame you for the accident or try to minimize the severity of your injuries.
For these reasons, we strongly advise hiring a lawyer to help you:
- Establish fault
- Collect and preserve evidence
- Build a personal injury case
- Negotiate with insurance companies
- Fight for you in court (if a settlement cannot be reached)
Damages we may be able to recover for you include:
- Medical bills (past, present, and future)
- Lost wages or loss of future earning potential
- Pain and suffering, including emotional anguish
- Vehicle repair or replacement and other property damage
And those are just some of the damages you can sue for in New York.
New York Statute of Limitations
If you fail to take legal action within the three-year time frame set forth by New York Civil Practice Law & Rules (CVP) §214, you might lose your ability to get any money at all for your accident. A lawyer will assist you in meeting critical filing deadlines. However, it is up to you to contact them well within New York’s statute of limitations.
An experienced personal injury lawyer will get to work immediately compiling evidence to build your case, but only if you hire them within the allotted time period. Insurance companies also have deadlines, and it’s important to secure evidence as soon as possible before it is hidden or destroyed. So there are multiple reasons why time is of the essence in a motor vehicle accident.
Delivery Truck Accident Lawyer in Huntington, NY
Accidents involving delivery trucks can lead to significant financial and legal problems for victims. If you were badly injured in an accident, then you also have your recovery to focus on. Between dealing with insurance adjusters and trying to heal from your injuries, it is common to feel overwhelmed. However, you do not have to face this alone.
A Huntington delivery truck accident attorney from the Morelli Law Firm can aggressively protect your interests after an accident. When we accept your case, we will communicate with the other parties on your behalf and keep you updated throughout the investigation and negotiation process. Contact our law office today for a free consultation.