An accident involving a delivery van truck can cause serious and even life-threatening injuries to a driver and passengers in a car. If you were involved in a collision with a delivery vehicle, you may have experienced whiplash, head trauma, broken bones, or serious cuts. You may have had to spend time in the hospital and may have undergone surgery. You may be unable to perform regular activities and may need to undergo physical or occupational therapy before you can go back to work, on top of a stack of bills for medical treatments.
A Berwyn delivery van truck accident lawyer may be able to help you seek justice. Pintas & Mullins Law Firm has represented thousands of people across the United States who were hurt in motor vehicle accidents that were not their fault. We may be able to pursue financial compensation for your injuries. Call our office at (800) 794-0444 to discuss your case with a member of our staff.
Is the Delivery Company or the Driver Liable?
The delivery company may be found liable if the accident occurred while the driver was acting “within the scope of employment” and if the collision was a result of the driver’s negligence, as defined by the American Bar Association. For example, a driver may have been operating a vehicle while under the influence of alcohol or drugs, speeding, or talking or texting while driving.
If the driver was operating a delivery vehicle while traveling for personal reasons or was off the clock at the time of the accident, the business may be found not liable. The employer also may not be responsible for the accident if the driver intentionally caused the collision. Sometimes, delivery drivers feel pressure to meet strict deadlines or become frustrated with traffic and drive aggressively or recklessly, which can lead to accidents.
Things can get tricky if a driver is an independent contractor. Many delivery companies classify their drivers as independent contractors to avoid financial liability for collisions. That can leave accident victims in a tough position, since independent contractor drivers generally have much lower insurance coverage for liability than large companies.
If a delivery vehicle is used to transport goods across state lines, the Federal Motor Carrier Safety Administration’s (FMCSA) rules apply. According to the Legal Information Institute, “Employee means any individual, other than an employer, who is employed by an employer and who in the course of his or her employment directly affects commercial motor vehicle safety.”
FMCSA regulations limit the number of hours drivers can work without a break. If a driver was working for too long because the company imposed strict and unrealistic deadlines and the accident occurred due to fatigue, the employer may be held liable. The FMCSA also requires businesses to hire only drivers who meet minimum qualifications and to inspect their vehicles, perform routine maintenance, and make repairs as necessary. If the delivery company failed to do those things and its negligence led to the accident, the business may be held responsible.
Could Another Party Be Found Liable for the Accident?
Our investigation may uncover evidence that a problem with the delivery van or truck caused the collision. We may discover that the vehicle had a manufacturer’s defect and that the automaker was ultimately responsible for the accident. If the truck was repaired with a defective part, the part maker may be found liable for the crash that caused your injuries.
Delivery vehicles need to be loaded carefully so that packages do not move while the van or truck is in motion. If weight shifts while a driver is traveling on a highway or rounding a corner, the operator may lose control of the vehicle. In that type of situation, the company or individuals who loaded the delivery van or truck may be found liable if they did not properly arrange and secure the cargo.
Figuring out who is liable in a case involving a delivery vehicle can be complex. A Berwyn delivery van truck accident lawyer can sort out the relevant facts. Call Pintas & Mullins Law Firm to talk to a member of our team.
For a free legal consultation with a delivery van truck accidents lawyer serving Berwyn, call (800) 794-0444
What We May Be Able to Do to Help You
Our team can investigate to figure out what led to the accident and who was responsible. We may review the accident report, an independent contractor agreement (if one exists), and internal company documents related to driver hiring and training, as well as vehicle inspections, maintenance, and repairs. We may also interview you, any passengers who were in the car with you, and any eyewitnesses to the crash.
Pintas & Mullins Law Firm may file an insurance claim or a personal injury lawsuit to hold the responsible party accountable. While we are often able to settle cases out of court, we will not hesitate to go to trial if we believe that is necessary to get a fair settlement for a client.
People who have been injured in motor vehicle accidents often think that they could not afford to hire an attorney. You do not have to be concerned with the cost because Pintas & Mullins Law Firm operates on contingency. We cover the costs of litigation ourselves, and our firm only collects a fee if we obtain a financial award for a client.
According to Illinois Statute § 735 ILCS 5/13-202, the statute of limitations for personal injury cases in Illinois is just two years. The sooner you contact a Berwyn delivery van truck accident lawyer, the sooner we will be able to begin working on your case. Call Pintas & Mullins Law Firm at (800) 794-0444 to talk to a member of our team.