As more and more people order goods online, Amazon, FedEx, and UPS trucks are common on the roadways along with United States Postal Service vehicles. These delivery vans are larger, bulkier, and weigh substantially more than a passenger vehicle, making accidents even more serious.
If you suffered injuries related to an accident with a delivery van, consider calling Pintas & Mullins Law Firm at (800) 794-0444 to learn how a Los Angeles delivery van lawyer can help you determine if you can receive compensation.
Causes of Delivery Van Accidents
Many delivery vans are taller and more unstable than typical passenger vans, causing them to be much more vulnerable to rollovers due to their inability to make quick maneuvers. Delivery van accidents can also occur due to the following reasons:
- Inexperienced or poorly trained delivery van driver.
- Distracted driving (talking while texting, looking for a delivery address, etc.).
- Driving fatigued due to too many deliveries and overtime hours.
- Driving under the influence of drugs or alcohol.
- Reckless or negligent driving, including speeding or failing to obey traffic signals or signs.
- Sudden stopping, or tailgating other vehicles.
- Improper cargo loading or overloading of cargo.
- Illegally parking on the street to make a delivery.
- Backing up without proper signals to warn other drivers.
- Failing to ensure the parking brake remains on when exiting the vehicle to make a delivery.
Types of Claims
If you suffered injuries related to a delivery van accident, you might be able to seek compensation for your medical bills, loss of wages due to your inability to return to work, pain and suffering, and property damage.
Unlike passenger vehicle accidents, when a person suffers injuries and losses related to a delivery van accident, several different parties could be negligent, including the delivery van driver, the delivery company, or the manufacturer of a defective van part or component that contributed to the accident.
Additionally, several different types of lawsuits exist for a victim to pursue justice and compensation following a delivery van accident in the state of California.
Personal Injury Claim
If you were the victim of an accident involving a delivery van driver, and you suffered serious injuries, you might benefit from filing a personal injury claim. Unlike typical car accident with other passenger vehicles, you may have the opportunity depending on your facts and circumstances to file a personal injury claim against the following persons or entities:
Delivery Car Driver
If the delivery van driver behaved negligently or recklessly, and directly caused the accident, you might be able to file a legal claim directly against the delivery van driver. Examples of negligence include driving while under the influence of drugs or alcohol, driving while distracted, driving fatigued, speeding, failing to obey traffic signs, or parking illegally.
Delivery Van Company
You also have the legal right as a victim of a delivery van accident to file a claim against the delivery van company based on the legal concept of respondeat superior. This legal concept holds that an employer has responsibility for the actions of their employees while in the normal course of business.
Additionally, you may prove that the employer failed to properly train the driver, or did not hire drivers with appropriate levels of experience. Almost every case where a delivery van driver causes an accident due to negligence, the delivery van company is legally liable for those actions.
Personal injury claims also indicate that an entity owed a duty of care to a victim, who then suffered injuries or losses as a result of that negligence. However, in some unfortunate cases, the victim will die as a result of someone’s negligence. In these cases, the family of a loved one has the legal right to bring a wrongful death lawsuit on their behalf. California’s statute of limitations allows family members to file a claim within two years from the date of their loved one’s death. A wrongful death claim is the same personal injury claim a person would have filed, had they lived following the accident.
In some delivery van accident cases, the manufacturer of a defective or flawed part or component of the delivery van might be responsible.
If an investigation determines that a defective van part or component either caused the delivery van accident or made the delivery van accident worse, the manufacturer might have the responsibility to compensate the victim for their injuries and losses.
The type of claim against a manufacturer for a defective part or component placed in the stream of commerce rests on product liability law. This strict liability law indicates that if a defective part or component is in the stream of commerce, they can be held responsible for any damages, injuries, or losses. California places the same statute of limitations for personal injury due to product defects, according to Sec. 335.1 of the California Statutes.
If the cause of the delivery van accident was due to problems with roadway maintenance done by a city or state, you might have the legal right to file a claim against the government.
Also, if the delivery van was a United States Postal Service (USPS) delivery van, you would file the suit against the government. If you need to file a claim against a government entity for any reason due to your injuries or losses, the process will look quite different than that against a private entity. The timelines, deadlines, and paperwork are different, and often can prove complicated and challenging.
For a free legal consultation with an delivery van accidents lawyer serving Los Angeles, call (800) 794-0444
Consider a Los Angeles Delivery Van Lawyer
If you suffered injuries or your loved one died due to a delivery van accident, consider calling Pintas & Mullins Law Firm at (800) 794-0444 for a free consultation. A member of our team can tell you if a Los Angeles delivery van lawyer can help you build a case to receive compensation for your injuries, lost wages, pain and suffering, and other losses.