Collisions with Delivery Trucks in Arizona
These days, we all purchase products online to be delivered straight to our doors. While this has made it convenient to get the items you want and need without ever stepping foot into a store, it also leads to more traffic on the roadways.
Now, it is normal for drivers, pedestrians, bicyclists, and other road users to navigate around Amazon, FedEx, and other delivery trucks that constantly stop and go to deliver packages.
Potential causes of delivery truck accidents in Phoenix
There are many different causes of delivery truck accidents. Here are some of the most common:
- Distracted driving: One of the most common causes of delivery truck accidents is distracted driving. Since many delivery workers work independently, they may think that they can play loud music, scroll and post on social media, or talk on the phone during work hours. However, delivery trucks are usually large and harder to handle than regular passenger vehicles. In addition, since delivery trucks frequently stop, many pedestrians are near and around them. Therefore, delivery drivers need to exercise caution, pay attention, remain alert, and drive carefully when behind the wheel.
- Inadequate training, experience, and supervision: Often, people can log on to a delivery app or fill out a quick application to be a delivery driver. As a result, many delivery companies hire drivers who do not have enough training or experience. In addition, while all companies are responsible for providing adequate supervision to their workers, many delivery companies fail to do this, resulting in careless and reckless mistakes, intoxicated driving, distracted driving, and other preventable issues.
- Mechanical defects: If a delivery company or auto mechanic fails to inspect, maintain, and repair delivery vehicles, the driver could experience a brake malfunction, tire blowout, steering issues, and other mechanical defects while on a busy highway or a crowded neighborhood street. This places those around them in immediate danger.
- Improperly secured loads: The employees who are responsible for loading the products onto the back of the delivery truck or van must ensure that the load is secured and evenly distributed. If the cargo loaders fail to secure the delivery loads, the delivery driver could lose control of the vehicle, or the products could fall out, injuring other drivers or pedestrians.
- Pressure to make deliveries on time: No matter the delivery company a person works for, they have strict deadlines to follow. Therefore, many delivery drivers feel pressured to make their deliveries on time, which can result in speeding and other careless mistakes.
What are my legal options after being injured by a delivery driver?
Whether you were walking, riding a bicycle, or driving another vehicle, you have legal options when a delivery driver injures you. However, these types of cases can become extremely complex, which is why a Phoenix personal injury lawyer should assist you as soon as possible. A lawyer will listen to your side of the story, conduct their own investigation, and determine liability. Depending on the facts and details of your claim, you may have different legal options, such as:
- Filing a claim against the delivery driver: If a delivery driver is a contract worker, they are not considered an employee of a delivery company, which means that you will likely need to file a claim directly with their insurance company. However, you must be able to prove that they were liable for the accident. Most delivery drivers can be found liable for speeding, driving while drunk or intoxicated, distracted driving, or deliberately running you off the road.
- Filing a claim against FedEx or UPS: FedEx and UPS have $1 million liability policies. This means that the insurance can cover up to $1 million in damages caused by their delivery drivers. If the delivery driver who caused your accident is employed by one of these companies, you and your attorney may be able to file a claim against the company’s insurance. However, keep in mind that FedEx and UPS have insurance companies and attorneys who are working to reduce the amount of compensation that they owe you. Plattner Verderame, P.C. can prove that the driver was acting within the scope of their job duties when the accident occurred and that you are entitled to financial recovery for your losses.
- Filing a claim against Amazon: According to Amazon’s website, drivers are protected under the Amazon Commercial Auto Insurance Policy even if they have their own personal car insurance. The Amazon Commercial Auto Insurance includes $1 million in liability coverage, uninsured/under-insured coverage, and contingent comprehensive and collision coverage. Therefore, you and your attorney will need to prove that the driver was carrying out work-related tasks and that they were acting within the scope of their employment at the time of the accident. However, the insurance companies that work for Amazon will likely put up a strong fight, try to undermine your case, and find ways to place some of the blame on you.
- Filing a claim against a local delivery company: You may also be able to file a claim against a local delivery company if one of their drivers harmed you. Unfortunately, many local delivery companies do not provide their drivers with any type of insurance coverage, meaning that the driver may only be protected by their own insurance, or they may have no insurance at all. When scenarios like this arise, it can feel almost impossible to navigate the complicated legal process confidently. However, a personal injury lawyer remains by your side, guiding you through every step of the legal process and ensuring that the responsible parties are held accountable for their negligent actions.
- Filing a claim against other third parties: Depending on the circumstances of your accident, you may also be able to file a claim against third parties, such as an auto mechanic, the loading crew, or the manufacturer of the delivery driver’s truck or van.
If you have recently been injured in an accident with a delivery truck driver, do not hesitate to get in touch with the Phoenix personal injury attorneys at Plattner Verderame, P.C., at your earliest opportunity. These cases can cause overwhelming amounts of stress and frustration on top of the injuries and pain you are already dealing with. However, when you work with our team, you can focus on healing while we investigate, communicate with the parties involved, determine liability, and take the best course of legal action to obtain maximum compensation for your damages. Call our office or submit our contact form to schedule your first meeting today at no cost to you. We are located in Phoenix and Tempe and look forward to speaking with you.
Partner Frank Verderame is a seasoned trial attorney, who has dedicated his life to helping victims of serious injuries. He is a Board Certified Specialist in Personal Injury and Wrongful Death Litigation, and has been an active part of legal communities and organizations since he started his practice, back in 1983.
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