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Nowadays, people can purchase anything online - from food and groceries to home decor and appliances. Because more people prefer to do their shopping online instead of going to the mall or department store, the number of delivery vehicles that ply the roads of Texas has increased over the recent years.
As expected, the number of road accidents involving delivery trucks and vans has also risen. If you are a delivery vehicle accident victim and you sustained injuries and vehicle damage because of a negligent driver, the process of filing for damages may be more complicated than you bargained for. Hiring a personal injury lawyer with experience in commercial truck accidents may give you the edge you need, especially since you will be up against more than one party working against you.
The steps that you take immediately after an accident has taken place will determine whether your personal injury lawsuit will be hassle-free or complicated. Keep in mind that accidents involving delivery trucks are not as simple and linear as regular automobile accidents. While you may feel dazed and confused following your delivery vehicle accident, make sure to take the following steps:
Having an officer on the accident scene is important, especially for accidents involving a commercial vehicle. After calling 911, the dispatcher will send paramedics and police officers your way. The reason why you need a police officer on the scene is to guarantee the cooperation of the other party. There are times when the responsible party becomes stubborn and will refuse to give up information. A police officer on the scene can help facilitate the exchange of contact information.
Also, if a police officer is present, they will document the accident for you and will create a police report that you can acquire later on. The police report will serve as an accurate and objective account of the accident so the commercial truck driver can't change their story later on..
Allow the paramedics to check for accident injuries. If the injuries are not that bad, they will perform first aid at the scene. If your injuries are not that serious, remember to take pictures of the scene, and gather contact information from the witnesses present at the scene. The police officers will conduct their own investigation, but you can also start taking photos of the accident while waiting for them to arrive to ensure that nothing gets tampered with.
If your injuries are serious, the paramedics will take you to the hospital. Remember to call your insurance company to let them know about the accident.
. If you were unable to gather enough evidence because of your condition, you can ask your insurance adjuster to help gather the evidence for you. They can request the police report on your behalf, and they can gather witness testimony and traffic cam footage if necessary.
If your car is wrecked and you require hospitalization, you may need the services of a personal injury lawyer. If you sustained extensive accident injuries, your insurance policy may not cover your medical bills. You may file for damages if your insurance coverage is not enough and if you have enough evidence that the other party is at fault. A personal injury lawyer will help negotiate on your behalf and determine which parties are responsible and how much they are liable for.
As a commercial vehicle accident victim, you have the right to seek compensation for the injuries and vehicle damage you sustained from the accident. The first thing on your mind would be to sue the driver who was responsible for the delivery vehicle accident.
This is where the collection of evidence becomes important. Pieces of evidence such as the police report, your medical records, witness testimonies, and traffic cam footage can help strengthen your case and point to the delivery driver as the responsible party.
Texas follows the modified comparative fault ruling, which is why it's very important to establish that the other party was responsible for the accident happening. Under this ruling, the victim is eligible for damages if they can prove that the other party is at fault. If more than one party is found responsible, then those parties will have to pay in accordance with their percentage of fault. However, if evidence points to you as the person responsible for over half, or at least 51% of the accident, no damages will be awarded to you even if you sustained more injuries than the other party.
Commercial vehicle drivers in Texas are required to carry insurance in cases like these, and if you decide to sue the delivery driver, you need to file an insurance claim against the other party's auto insurance agent. Remember that the damages awarded to you will be limited by the other driver's policy limits, so if they only carry the minimum amount of auto insurance coverage, you may not receive much and it may not be enough for your hospital bills.
In cases like these, your personal injury attorney may suggest suing the driver's employers instead. If the delivery truck driver is an employee, the company may be liable for anything that they do. This principle is called Respondeat Superior and it means that the company has vicarious liability for anything that their employees do. To successfully file personal injury claims against the driver's employer, you need to prove two things:
The problem with suing companies is that they usually have a team of truck accident lawyers and insurance company representatives that will look for loopholes and deny you the fair settlement you truly deserve.
For example, they can try to prove that you were responsible for over half of the commercial vehicle accident, thereby disqualifying you from receiving fair compensation. If you got into a heated argument with the driver before the accident, the company may state that the driver hit you intentionally as an act of road rage. They can also state that the driver used the company vehicle for personal errands outside company time and so they are not liable for anything.
Your lawyer will do everything in their power to ensure that driver negligence is proven. They will also try their best to prove that the driver was in the midst of performing their duties for the company when the accident transpired. Driver work logs, hours of service, dashcam footage, and other evidence should be collected to prove that this case is within the doctrine of Respondeat Superior.
The last thing you need to establish is whether or not the driver is an employee of the company or an independent driver. Commercial vehicle drivers can work for a company on a contractual basis, and therefore they are not considered as employees of the business. If the driver is an independent contractor, you have no choice but to sue the driver instead of the company.
As the victim of a delivery vehicle accident, you can sue for the following damages:
Medical Bills - This can encompass everything from the ambulance ride to the hospital, to the extensive therapy you will need to recover from your injuries.
Lost Wages - Hospitalization means missed days from work, and you can sue for all perceived income that you cannot earn because of your injuries.
Loss of Future Income - If you sustained serious injuries such as traumatic brain injury or spine damage, it can leave you with long-lasting physical effects. If the accident resulted in paralysis or permanent brain impairment, your future employment may be at risk.
Property Damage - this is to compensate for the cost of repairs on your car or any other personal property that was damaged because of the accident.
Wrongful Death - if the accident caused the death of the victim, the surviving family members can file a wrongful death claim against the responsible party.
Pain and Suffering - pain and suffering refers to the emotional trauma and distress that you felt during and after the accident. Although difficult to quantify, it's possible to prove pain and suffering with expert witness accounts from doctors and therapists.
A personal injury lawsuit following a commercial vehicle accident is more complex compared to regular automobile accidents. Usually, there are a lot of parties involved, so you are up against several other accident attorneys and insurance companies. Hiring vehicle accident lawyers with a proven track record of success in handling delivery truck accidents is key to a successful negotiation process so you can get the maximum compensation you deserve as a victim.
At Calhoun Meredith, the client's well-being is our topmost priority. Getting into a commercial vehicle accident is traumatizing, but most victims find that the accident is only the beginning and more difficult times are ahead. This is why we aggressively pursue our clients' cases and stay by their side throughout the entire process. You don't have to go through this alone - call us and let us know how we can help your case today.