Determining Liability in a Fort Worth Delivery Truck Collision

cellphone in a holderThere are more delivery trucks on the road today than ever before. Delivery drivers are under pressure to make sure customers get their goods on time and faster than the competition.

With so many delivery drivers on the road, and not all of them experienced, there are bound to be more errors and more collisions. What happens if you are injured in a crash caused by a delivery driver? How do you seek compensation for your damages?

Anderson Cummings answers some of the most common questions people may have after a crash with a delivery driver. You can also contact our law offices anytime, night or day, to request your free case review and get answers to your legal questions. We are here to help, and there are no upfront costs to pay if we represent you.

Request your FREE case review today. (817) 920-9000

How is Liability Determined for a Crash With a Delivery Driver in Texas?

Liability for a crash can only be determined after an investigation, even when there seems to be little doubt about who was at fault.

For instance, if a delivery driver runs a stop sign and T-bones a vehicle that had the right of way, you may think there is no doubt about liability. However, even when fault seems straightforward, some piece of information may pop up during the investigation that completely changes things. In this case, maybe the driver did try to stop but the brakes failed because the driver’s employer did not properly maintain the vehicle. There are a lot of factors that need to be examined before fault can be determined.

The good news is that police are trained to investigate crash scenes. They will examine damages to all vehicles involved, as well as the crash scene as a whole. They will also take statements from the drivers and speak to any witnesses who may have seen what happened. All of these details are included in your police report, which is why you should get a copy of it as soon as possible.

How Do I Prove the Delivery Driver’s Negligence Caused My Damages?

The burden of proof is on the injured victim to establish the driver’s negligence and also link that negligence to the crash and your injuries. In most crashes, this is no easy thing to do. This is just one reason why you should consider seeking legal help as soon after a crash as possible. Our attorneys have extensive experience representing victims of car crashes. We know how to deal with insurance companies and we also know how to gather strong evidence to support your claim.

In addition to getting a copy of your police report, there may be camera footage that caught the collision. Witness statements and pictures of the crash scene may also help. After seeking medical care immediately, your medical records will also help to link your injuries to the crash.

Where Do I File My Claim After a Crash With a Delivery Driver?

Once liability is determined, you will need to file a claim for compensation. Determining the liable insurance company may take a minute to figure out. It depends largely on whether the delivery driver was an employee and operating a company vehicle or working as an independent contractor.

The Delivery Driver Was an Employee

If the delivery driver was an employee, then you may be able to pursue a claim against the insurance carrier of that driver’s employer. That said, you would still have to establish that:

  • The delivery driver was responsible for the crash
  • The crash caused by that driver directly led to your injuries
  • You suffered damages, such as medical costs and lost wages, as a result
  • That driver was on the clock and doing the job he or she was hired to do at the time of the crash

When Delivery Drivers Are Independent Contractors

If the delivery driver was an independent contractor or freelance gig worker, recovering compensation for your damages will be much harder. There are many other factors that must be considered. For instance, was that driver working for a third-party delivery partner? If so, you may still be able to file a claim against the company.

In most cases involving freelance gig workers, such as those driving for UberEATS, Door Dash, Shipt and Grubhub, various policies may apply. Some are better than others.

For example, UberEATS has a $1 million per accident policy. However, if the driver was not on the clock at the time the crash occurred, this insurance may not apply. Other companies may not offer any insurance to their drivers at all.

If the Delivery Driver is Not Covered By Insurance

Sometimes, your only option in this situation is to file an uninsured motorist claim against your own insurance. However, since Texas is an at-fault state, UM/UIM coverage is optional. If you do not already have uninsured motorist coverage, it is a good idea to consider purchasing it. The relatively small cost is worth the extra protection and peace of mind.

What Are Some Common Causes of Delivery Truck Crashes?

There are so many reasons a delivery driver may cause a crash. Typically it is due to driver negligence, such as:

Regardless of how the crash occurred, it is a good idea to always call police to the scene.

Not Sure How to Handle a Crash With a Delivery Truck? Call Our Firm for Help

There is no telling where an accident with a delivery truck could happen. The injuries could be expensive, especially if the driver was in a larger vehicle, such as a FedEx truck or Amazon delivery van.

There is no cost to find out about your legal options. If you choose our firm to represent you, there is also nothing to pay up front or while we manage your case.

Call today to learn more. Our experienced auto accident lawyers in Fort Worth are prepared to help.

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*These are actual dollar amounts paid to clients after the deduction of attorney fees and expenses.


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