Can I Sue If I Get Hit by a Delivery Truck?

Yes. You can sue the liable party if you get injured by a delivery truck driver. You can pursue compensation for all your accident-associated damages, such as medical expenses, lost income, property damage, physical pain and emotional distress, among others. However, suing the liable party in a delivery truck accident can be very challenging because you must first determine the appropriate party against whom you must bring your claim.

In typical motor vehicle accidents involving two motorists, the at-fault motorist is usually solely liable for the injured party’s losses. In crashes involving delivery truck drivers, however, there may be multiple liable parties, depending on the exact nature of the accident.

Who Can I Hold Liable for My Damages in a Delivery Truck Accident?

Among the most crucial steps to getting the compensation you need after an accident is figuring out who should be held liable for the resulting damages. With help from your Cumming delivery truck accident attorney, you can seek financial compensation from one or more of these parties:

 

The Delivery Truck Driver

If the delivery truck driver is not an employee but an independent contractor of the company they service, you may file an injury claim against the driver and recover compensation from their insurance provider.

The Company That Employs The Delivery Truck Driver

You can hold the delivery truck driver’s employer accountable for its employees’ actions while on the job. If the driver’s negligence resulted in the crash that left you injured, you may be able to sue both the negligent delivery truck driver and their employer. In Georgia, employers are vicariously liable for the wrongdoing and negligence of their employees if those actions are committed while the employee is on the clock.

Take note that among Amazon, DHL, FedEx, and UPS, only UPS acknowledges that its drivers are employees. Often the other companies treat their delivery drivers as independent contractors. However, if your lawyer can show that the delivery company controlled the time, method, and manner of the deliveries, you may be able to overcome their independent contractor argument and bring an action against them too. In addition, Amazon’s delivery truck drivers are contracted by Delivery Service Partners which are independent delivery businesses that employ the drivers. In this case, you can include the DSP as a party defendant if you were hit by an Amazon delivery truck driver.

A Third Party

A third party, including another motorist, product manufacturer, or governmental agency, may also be held partly responsible for an injured person’s damages in a delivery truck accident. In this case, the injured party may have a valid claim against the third party and the truck driver or their employer.

 

Seek Legal Guidance From an Experienced Cumming Delivery Truck Accident Attorney

If you get into an accident with a delivery truck driver, do not talk to them or their employer’s insurance company or claims representative or accept a settlement without speaking to a Cumming delivery truck accident attorney first.

At Banks, Stubbs & McFarland, our Cumming delivery truck accident attorneys can review your case and help you determine the best legal option to secure maximum compensation and protect your rights. To arrange your appointment with our Cumming delivery truck accident attorneys, please fill out our online form or call our office at 866-488-3181.

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