While online shopping is extraordinarily convenient, it also clogs up our roadways with delivery trucks. The dangers posed by these vehicles is significant. If you’re reading this blog post, then there’s a good chance that you or someone you care about has already been injured by a delivery truck or van and know the extensive harm that can be caused as a result. You might be ready to take legal action to protect your or your loved one’s interest, but where do you even start?
To begin, you have to identify who you’re going to file your claim against. This is an important consideration, as it will shape how you approach your case and what sort of compensation you’ll be able to recover if you succeed on your claim. So, let’s dive in and look at the parties that might be responsible for your accident and thus liable for the harm that’s befallen you.
Depending on the facts of your case, there might be multiple parties that you can sue to try to find accountability and recover compensation. They include:
- The delivery driver: Just like with any other accident, you can file a claim against a delivery driver whose negligence led to your accident and thus your injuries. To succeed here, you’ll have to successfully prove, by a preponderance of the evidence, that they violated the basic standard of care owed to you. Such a showing can be supported by evidence that the delivery driver was distracted, broke the law or failed to act reasonably under the circumstances leading up to your accident.
- The truck or van company: If the driver is employed by a truck or van delivery company, then you might be able to sue that company through a theory of law known as vicarious liability. Here, you argue that the employer is responsible for the actions of their employees. To successfully argue this, you merely have to show that the delivery driver was negligent and, at the time they caused your accident and your injuries, they were performing job duties for the benefit of their employer.
- The truck or van’s manufacturer: Sometimes accidents are caused by a manufacturing defect that automatically rendered the vehicle unsafe. If you can prove that was the case and that the safety issue in question caused your accident, then you might be able to persuade a court or a jury that the manufacturer is to blame for your harm. Proving this type of case will require close scrutiny of manufacturing records as well as maintenance and repair records pertaining to the vehicle in question.
- Third-party drivers: Sometimes there are multiple parties responsible for a wreck. When that’s the case, you need to be sure to loop them all into your legal claim so that you can recover the full scope of the compensation that’s due to you. Of course, you’ll have to prove your claim as to each party, so don’t skimp on building your case against each of them.
Fight for justice and the compensation that you deserve
If you want to maximize your chances of closing this chapter of your life and walking away with the compensation that you need, then now is the time to start building your personal injury case. That can be difficult to navigate when you’re coping with the daily challenges of your recovery, but you can’t sleep on your rights. So, consider discussing the matter with your attorney so that you can come up with a legal strategy that targets the outcome that you want.