When was the last time you ordered a package to be delivered to your doorstep?
Online shopping makes it easier than ever to “click” your way to getting anything from a new pair of sneakers to a rolled-up mattress. One of the enticements of an online shopping outlet is fast delivery. If you’re like the average household, you get around 3 packages a week.
Add it up, and that’s around 61.3 million packages being delivered each day across the US.
To meet their deadlines, it is understandable that delivery drivers are under extreme pressure. With that added pressure, careless driving can sometimes occur.
If you get into an accident with a delivery driver, you shouldn’t be expected to pay for the damages to your car or the injuries to your body. The issue then becomes who should be liable when a delivery service causes an accident.
When you get involved in an accident with a commercial vehicle, there could be many mitigating circumstances that involve several entities found liable.
An experienced Cherry Hill truck accident lawyer can help unpack who the liable parties might be.
The Role of Vicarious Liability and Respondeat Superior
As the investigation into the delivery truck accident gets underway, your attorney will turn to the legal principles of vicarious liability and the doctrine of respondeat superior, which is Latin for “let the master answer.”
Simply put, it means employers are liable for their employees’ actions.
When considering whether these legal concepts apply to your accident claim, you need to consider the following:
Scope of Employment
In order for vicarious liability to apply, the delivery truck driver must be acting within the “scope of their employment.” Essentially, this means the accident had to occur while the driver was on the clock. It also means they don’t necessarily have to deliver anything. If they are returning to a depot with an empty truck or stopping for gas, that counts as “on the job.”
Independent Contractor Misclassification
Trucking companies will often classify drivers as independent contractors. The main reason to do that is to actually avoid vicarious liability.
However, making that declaration is not a guarantee that the company can’t be held liable. You have to look at the actual level of control the company exerts over the driver’s schedule, equipment, and routes to determine that driver’s true employment status.
Access to Higher Insurance Limits
Commercial trucking companies will often carry significantly higher insurance liability policies. Those policies are often in the $750,000 to $1,000,000 range, as opposed to the New Jersey state insurance mandate for individual drivers.
All of these factors need to be considered when determining who to hold accountable in a delivery truck accident. This is not the type of investigation you’ll have to carry out on your own if you are getting the right guidance from a skilled attorney.
Negligent Hiring and Supervision in the Delivery Industry
The fact that a delivery truck driver was working for the company when the accident occurred applies the doctrine of respondeat superior. However, there could be an issue of direct liability. This would apply when the truck company engages in the following types of negligent actions:
Ignoring Driving Records: Every trucking company has its own hiring policies. Those typically begin with checking driving records, which should reveal recent DUIs, suspended licenses, or an excessive history of speeding tickets.
Inadequate Background Checks: Trucking companies should also conduct a criminal background check of prospective drivers to see if there is a history of violent or reckless actions.
Failing to Enforce Policies: The Federal Motor Carrier Safety Administration (FMCSA) sets Hours of Service (HOS). If a trucking company pushes the driver to stay on the road and violates those orders, that could be considered an act of negligence. Enforcing policies also extends to the company’s own policies.
If the carrier ignores customer and dispatcher complaints, that can also be deemed as negligent behavior.
Lack of Training: A truck driver should have experience. That doesn’t mean they can’t benefit from additional training. That is especially true when there are changes to safety protocols and cargo-loading requirements.
Any of the above actions can clearly indicate direct liability on the part of the trucking company and provide a strong reason for including it in the accident claim.
How a Truck Accident Attorney Can Support Your Claim
Delivery truck accident claims are often far more complicated than standard car accident cases. Yes, the truck driver is the primary at-fault party, but other entities may also be held accountable. When a trucking company is found liable, it can greatly impact what your final settlement might be.
That’s why it is important to involve an experienced truck accident attorney from the start of the claims process.
The legal team at Folkman Law Offices is extremely familiar with truck accidents and who can be held liable. We have conducted many investigations into trucking accidents that involve collecting the following types of evidence:
- Driver qualification files
- Hours-of-service records
- Electronic logging device (ELD) data
- Truck maintenance and inspection reports
- Black box information
- Traffic surveillance footage
- Witness statements
- Police crash reports
In addition to gathering evidence, we know what is needed to calculate the full extent of your damages. This includes your current and future medical expenses, lost wages, pain and suffering, and other losses resulting from the collision.
Trucking companies and insurance companies often have significant resources and are dedicated to minimizing the payout. When we have strong evidence on our side, we won’t let that happen.
If you’ve been involved in an accident with a delivery truck, you need to understand all your options.
Call to schedule a discussion with our legal team today.
