Delivery Truck Accident Injury Claims
Commerce in California and throughout the United States depends on delivery trucks, an important part of our economy. UPS, FEDEX, DHL, and many other couriers and delivery services crowd the streets of our cities. The sheer number of these trucks driving in heavily-populated North County areas like Vista, Oceanside, San Marcos, Carlsbad, and Escondido makes accidents common, and their size often makes those accidents serious.
How are delivery truck accidents different from car accidents?
Delivery trucks are commercial vehicles, and handling damage claims in accidents they cause requires an attorney with an understanding of these differences:
- Because of their larger size, delivery trucks have the potential to cause more serious injuries than ordinary car accidents.
- Driving a delivery truck requires a different set of skills from driving a car because of their bulk and size.
- Delivery truck drivers often have strict schedules and quotas that they must meet, and they are often under time pressure to complete their deliveries, which can lead to careless driving.
- Most delivery truck drivers are subject to Federal Motor Carrier Safety Administration regulations regarding how long a trucker should rest, truck maintenance and inspection, the use of prescription drugs, keeping records and driving logs, and the amount of liability insurance required.
What Are Common Causes of Delivery Truck Accidents?
Subject to tight schedules and delivery quotas, pressured drivers commonly make these mistakes:
- Failure to set the parking break
- Failure to look out for pedestrians, bicyclists, and cars when backing up
- Making abrupt turns
- Improper vehicle maintenance
- Drug and alcohol use by drivers
- Improper driver training
- Distracted driving
- Speeding
Can I settle my delivery truck accident case directly with the company that owns the truck?
You are entitled to settle your case on your own. But that said, you should realize that you will probably not receive as large a recovery as you would if you were represented by an experienced California delivery truck accident attorney. These cases require a knowledge and experience with federal regulations, which not all attorneys and very few accident victims have. It requires expertise to investigate an accident and prepare the case for trial. Although many cases will settle outside of court, not all will. A skilled litigator is in a better position to negotiate a higher out-of-court settlement or to win the case at trial if it becomes necessary.
I've been injured by a delivery truck. What should I do now?
The first thing you should do is call the police and file an accident report. While you are waiting for the police to arrive, get the name of the company that owns the truck, the plate number, the driver's name, and the registration and insurance information. Take photos of the truck and the accident scene. Get names of any witnesses. Don't discuss who caused the accident, apologize, or state that you are okay; many injuries do not become apparent right away.
Get medical care immediately. If you are seriously injured, have someone call an ambulance. (In this case, don't wait for the police to arrive.) If you don't need an ambulance, go to the nearest emergency room or to your personal physician as soon as you finish with the police. Once you have been checked out and treated, call an experienced delivery truck accident attorney.
The Kitay law firm has more than 20 years experience representing delivery truck accident victims. Call for us today for a free consultation.
