Who is Liable in a Delivery Truck Accident?

Delivery trucks are a common sight on the roads, especially with the rise of online shopping. Unfortunately, this increase in delivery vehicles also raises the risk of accidents. According to the National Highway Traffic Safety Administration (NHTSA), large trucks were involved in approximately 523,796 accidents in the United States in 2021. Understanding who is liable in a delivery truck accident is crucial for ensuring that victims can seek appropriate compensation for damages and injuries. Here’s an overview of liability in delivery truck accidents and what you need to know.

Determining Liability in Delivery Truck Accidents

Liability in a delivery truck accident can be complex and depends on various factors, including the circumstances of the accident and the relationship between the driver and the delivery company. The following are common parties that may be held liable:

  1. The Delivery Truck Driver:
    • If the driver was negligent—such as speeding, distracted driving, or violating traffic laws—they could be held liable for the accident. Delivery drivers are often under pressure to meet tight schedules, which can lead to reckless behavior on the road.
  2. The Delivery Company:
    • The company that owns the delivery truck may also be held liable, especially if the driver was an employee acting within the scope of their employment. Employers are generally responsible for the actions of their employees, a legal principle known as “vicarious liability.” Additionally, if the company failed to maintain the vehicle properly or neglected to perform adequate background checks and training, they could be found negligent.
  3. Third-Party Contractors:
    • In some cases, delivery drivers are independent contractors, not direct employees of the delivery company. This distinction can affect liability, as companies may attempt to distance themselves from the actions of independent contractors. However, if it can be proven that the company had a significant level of control over the contractor’s work, they may still be held accountable.
  4. Vehicle Manufacturers or Maintenance Providers:
    • If a mechanical failure contributed to the accident, liability might extend to the manufacturer of the truck or the company responsible for its maintenance. Defective parts or inadequate repairs can lead to serious accidents, making these parties potentially liable.

Steps to Take After a Delivery Truck Accident

If you are involved in a delivery truck accident, taking the right steps can help protect your rights and strengthen your case:

  1. Seek Medical Attention: Your health is the priority. Even if injuries seem minor, it’s important to be checked by a medical professional.
  2. Document the Scene: Take photographs of the accident scene, vehicle damage, and any injuries. Gather contact information from witnesses.
  3. File a Police Report: Ensure that a police report is filed, as this official documentation will be critical in any legal proceedings.
  4. Consult a Lawyer: A delivery truck accident can involve multiple parties and complex legal issues. Consulting with an experienced truck accident injury attorney can help you navigate the legal process, negotiate with insurance companies, and pursue the compensation you deserve.

Conclusion

Determining liability in a delivery truck accident can be complex, involving multiple parties such as the driver, the delivery company, third-party contractors, or vehicle manufacturers. If you find yourself involved in such an accident, it’s essential to seek legal advice to understand your rights and options. At the Law Offices of Kenneth G. Egan, we have years of experience handling delivery truck accidents and are dedicated to helping Las Cruces residents secure the compensation they need. Contact us today for a consultation and let us help you navigate the complexities of your case.