Who is At Fault for a Delivery Driver Accident?
Establishing fault in a delivery driver accident requires proving which driver is responsible for the crash. If the delivery driver is an employee, fault may be shared between the driver and the company that they work for. It is also important to establish that the driver was working in the scope of their employment at the time of the accident. In this blog, our Reading delivery truck accident lawyers discuss what factors determine liability in a delivery truck accident and what compensation you may be entitled to recoup.
How is Fault Determined in a Delivery Driver Accident?
Determining fault in a delivery driver accident will depend on establishing the following:
- The delivery driver had a duty to follow traffic rules and regulations (as all drivers do)
- The delivery driver violated a traffic law. This may involve speeding, failing to yield right-of-way, or running a red light.
- As a result of the truck driver’s actions, you experienced injuries.
- As a result of the accident, you suffered compensable losses. This may include lost wages, medical expenses, and vehicle repairs.
Is the Delivery Driver an Independent Contractor or Employee?
A delivery driver may be employed by the company or use their own vehicle and work on a contractual basis. This makes a big difference when it comes to liability. If the truck driver was acting in the scope of their employment at the time of the accident and was a company employee, then both the driver and the company may be financially responsible for your injuries.
However, if the driver is an independent contractor, the company will most likely not share liability. There are exceptions to this rule, such as if the driver were using a company car in which the company failed to maintain routine maintenance on. Navigating how to file an insurance claim can be difficult, especially when the company’s commercial policy or the truck driver’s commercial auto policy may apply. By working with a Reading delivery truck accident attorney, you will ensure that the appropriate parties are being pursued for compensation.
What If I Am Partially Responsible for the Accident?
Most accidents involve evaluating the actions of more than one party to determine how the crash unfolded. In many accident claims, more than one driver may be found at fault. However, being found partially liable will not bar you from recovery. Under Pennsylvania comparative negligence law, the plaintiff will still be able to recover damages as long as they are less than 51 percent at fault. Bear in mind that the insurance company will attempt to assign you greater liability in the hope of not paying on your claim.
If you are getting the run-around from insurance, our Reading delivery truck accident attorneys are here to assist you in submitting your claim. Our legal team understands the various costs that accompany an accident and the burden that it can have on your life. A person who has been subject to a delivery truck accident may be able to recover damages for lost wages, medical expenses, vehicle repairs and/or replacement, pain and suffering, and post-traumatic stress disorder (PTSD).
Legal damages are designed to compensate you for your losses, making you “whole” again. Even if you are partially liable for the accident, your compensation will only be reduced by your percentage of fault. Retaining experienced counsel will give you the best chance of financial security, allowing you to focus on healing.
Speak with Our Reading Delivery Truck Accident Lawyers Today
Each year, millions of delivery driver accidents occur, resulting in hundreds of injuries and deaths. If you have been involved in an accident with a delivery driver, our Reading delivery truck accident attorneys would like to hear from you. At HGSK Injury Lawyers, we believe in making every client a priority, no matter how big or small your case may be. To discuss your matter, contact us online or by phone at (267) 551-8782 to schedule your free consultation.