Every day parcel delivery services, such as UPS and FedEx, deploy their fleets of cargo and delivery trucks to ensure packages arrive to their intended destinations on time. The streets and highways of the United States are populated with the delivery trucks of couriers, parcel delivery services, and other cargo delivery companies.
While these trucks may not seem as large as 18 wheelers and other large commercial vehicles, delivery trucks can still cause a substantial amount of damage to the occupants of passenger cars who collide with these vehicles. If you or a loved one were hurt, call the delivery truck injury lawyers at Zinda Law Group at 800-863-5312 for a free consultation.
Top Causes of UPS and Delivery Truck Accidents
Delivery drivers have a stressful job: they must usually complete a route that may include dozens of stops within a given workday. This may require them to travel across town several times in order to complete their job duties. This pressure to quickly complete their route can easily cause delivery drivers to make errors of judgment or otherwise operate their trucks in a negligent and careless manner by:
- Speeding or traveling too fast for the prevailing road and traffic conditions;
- Driving while distracted (such as driving while looking at one’s cellphone or attempting to read a delivery list or map);
- Failing to notice traffic control signs and signals like stop signs and traffic lights;
- Ignoring rules of the road, especially those related to the “right of way” on roadways;
- Neglecting to use turn signals appropriately.
The law will hold a delivery truck driver responsible if they acted negligently and caused a crash that injured others. It is up to the injury victim to produce evidence that proves that not only did the delivery driver operate the truck in a careless manner, but this negligent driving is what caused the collision and the resulting injuries to the victim.
Read More: Common Causes of a Trucking Accident
Liability is an Important Question in Delivery Truck Accidents
In the “typical” trucking accident (in which a truck owned by a trucking company and operated by one of its employees causes a crash) both the truck driver and the trucking company may be held responsible for the injuries caused to others in the crash. This is because employers are generally held responsible for the negligent conduct of their employees under a legal doctrine known as “respondeat superior”. This is good news for most plaintiffs, as truck drivers themselves usually do not have the assets necessary to fully compensate the injury victim for the expenses associated with his or her injuries.
- FedEx Truck Accidents
- Amazon Truck Driver Hit Me
However, some delivery companies do not hire traditional “employees” to drive their trucks. Instead, these companies may claim their drivers are “independent contractors.” A company is usually not liable for the negligent conduct of any independent contractors it hires. This means that those injured by delivery truck drivers may have a more difficult time obtaining adequate monetary damages to address their losses.
One challenge that injury victims may need to address is whether the delivery truck driver is truly an independent contractor or whether he or she is, in fact, an employee of the company. This requires a careful and thorough review of the facts. Generally speaking, however, the more control the employer exercises over how the worker performs his or her job tasks, the more likely it is that the worker is an employee and not an independent contractor.
For example, it is more likely true that a delivery truck driver is an “employee” if the employer:
- Sets the delivery driver’s schedule and/or route;
- Provides equipment and/or uniforms to the delivery driver;
- Pays the delivery driver by the hour as opposed to by the job;
- Provides benefits such as health insurance or vacation time to the driver.
Determining who is responsible for your or your loved one’s injuries following a delivery truck crash can be difficult. The experienced legal team at Zinda Law Group, PLLC is here to assist you through every step of your lawsuit. Contact our delivery truck accident attorneys at (800) 863-5312 today for a free consultation. We will utilize our knowledge and resources to help you potentially recover the compensation you need to move forward following your crash.