Delivery trucks play a critical role in New York’s economy and everyday life, but the drivers who operate them are not always safe and reliable. When negligent truck drivers get behind the wheel, the safety and sometimes lives of others are put in jeopardy. A delivery truck accident can cause significant injuries that leave victims with major medical bills and other losses.
Have you or a loved one been in a delivery truck accident, but you aren’t sure which steps to take next? Before speaking with the at-fault party’s insurance company, talk to the Long Island personal injury law firm of Dell & Dean PLLC.
Common Causes of Delivery Truck Accidents
One of the first steps in recovering compensation after a delivery truck accident is explaining how and why the crash happened in the first place. It therefore helps to understand some of the most common reasons for accidents, including:
- Distracted driving: Cell phone use, eating or drinking while driving, and listening to the radio can take a delivery truck driver’s focus from the road.
- Fatigued driving: Many Long Island truck drivers have tight delivery schedules and insufficient sleep, a potentially deadly combination.
- Inadequate training: If the company that owns the delivery trucks doesn’t train its drivers in how to safely drive them, the risk of an accident increases.
- Cargo problems: Overloaded trucks and cargo that isn’t secure may cause a delivery truck to be less stable and more prone to turning over.
- Speeding: Drivers who exceed the speed limit put everyone else at risk, and speeding is a strong indication of negligence.
- Traffic law violations: Other illegal traffic behavior like reckless driving, failing to use a turn signal, and following too closely are also dangerous.
- Poor maintenance and repairs: Delivery trucks need regular maintenance and repairs, but shoddy work can make an accident more likely.
- Manufacturing and design defects: Defects with the delivery truck or its parts, usually pointing to manufacturing or design mistakes, can also render the vehicle unsafe.
- Bad weather: Delivery drivers should slow down in rain, snow, and other bad weather conditions, but those who do not might cause a crash.
Filing a Long Island Delivery Truck Accident Claim
If you were in an accident with a delivery truck, there are a few possible ways to file a claim and seek compensation. They include:
- Filing through the delivery truck driver’s insurance: If at the time of the wreck the truck driver was an independent contractor or was self-employed, their personal liability insurance may be responsible for covering your injuries.
- Filing through the delivery company’s insurance: If the truck driver was an employee of the delivery truck company, and if the business owned the truck, you could be able to file against the company’s insurance provider.
- Filing through your own insurance: Depending on your policy, your insurance company may pay for some of your medical bills and lost wages (and possibly other losses), regardless of who was at fault for the accident or if it was a hit and run.
- Filing a personal injury lawsuit: You may need to file a personal injury lawsuit if the responsible insurance company refuses to negotiate in good faith or your damages (such as medical bills) exceed the policy limits.
Your Long Island delivery truck accident lawyer will review the circumstances of the crash, determine whose insurance should pay for it, and then get to work holding them accountable.
Can Other Parties Be Liable For the Accident?
Although delivery truck accidents typically involve the driver and the delivery company, there are other parties who could be responsible for your injuries. Depending on the facts of your case, these may include:
- Truck or parts manufacturer
- Repair or maintenance shop
- Other drivers
- Pedestrians
- A Long Island bar or restaurant that served a drunk driver too much alcohol
- A construction company that did unsafe road work
- Governmental entities responsible for road repairs and maintenance
Identifying these and other parties is crucial to recovering the most available compensation. In some cases, more than one party can share blame for a wreck, which means a potentially higher settlement or judgment amount. Our law office will take the steps needed to name all at-fault parties in your delivery truck accident claim.
Contact Our Long Island Delivery Truck Accident Attorney
At Dell & Dean PLLC, our goal is to help you get your life back to normal after being in a delivery truck crash. That means seeking the most available compensation through negotiations with the insurance companies or, if necessary, taking your case to trial. Call our office or complete our online contact form to find out how we can serve you and your family.
Frequently Asked Questions About Delivery Truck Accidents
What should I do immediately after being involved in a crash?
If you or a loved one were in a delivery truck accident, call 911 and report the incident to law enforcement. Seek medical attention (even if you think you weren’t hurt), try to identify any witnesses to the accident, and take pictures or record videos of the scene if you can.
Do not apologize or admit fault, but speak with a Long Island delivery truck accident lawyer at your earliest convenience.
Should I speak with the at-fault party’s insurance company?
There’s a chance the insurance company representing the at-fault party will contact you and offer a settlement or ask you to give a statement. You should never accept a settlement offer or give a statement to the insurance company without first speaking with an attorney. There’s a chance the offer is far less than what you deserve, and giving a statement could jeopardize your legal rights.
How long do I have to file a lawsuit?
In most cases, accident victims have three years from the date of a delivery truck accident to file a lawsuit. However, this deadline – known as the statute of limitations – could be shorter depending on whether the at-fault party is a governmental entity or the wreck resulted in a fatality. It’s important that you do not delay taking legal action, because the court will dismiss your lawsuit if you file outside of the statute of limitations.
