Who is Liable in a Delivery Truck Accident—the Driver, the Company, or a Third Party?

Delivery trucks are an unavoidable obstacle on Tennessee roads. In addition to the UPS and FedEx trucks that have been mainstays of the road for decades, there seems to be at least one Amazon delivery truck puttering through every Chattanooga neighborhood at any given point. While getting medical supplies, online shopping orders, and impulse buys faster definitely makes life more convenient, more delivery trucks on the road also means more accidents.

When you’re involved in a delivery truck accident, determining liability is crucial. It puts you in the best position possible to fight for the compensation you deserve, without having to rely exclusively on your own insurance. Not sure where to start? We can help. Call Wagner Workers’ Compensation & Personal Injury Lawyers to talk to our team about your delivery truck accident.

Why delivery truck accidents are a very real risk

Any type of vehicle accident can be dangerous and leave you seriously injured, but delivery truck collisions are particularly hazardous. FedEx, UPS, and Amazon trucks are significantly larger than your average passenger vehicle—and that means they are capable of causing much more damage. On top of that, some delivery companies are known for placing drivers under strict delivery deadlines and tracking productivity. This puts drivers under enormous pressure to drive faster, get to the next location more quickly, and beat an impossible deadline. A driver who is rushed, stressed out about keeping their job, and in an area they may or may not be familiar with is very likely to cause a crash.

Potential responsible parties

There are many potential responsible parties when a delivery truck accident happens. If you didn’t cause the crash, there’s likely a negligent party that did. We can go over the most common culprits now.

The driver

There’s a very good chance that the other driver played some role in the crash. While other parties may be liable to some degree, in most crashes, liability lies with one or both drivers. As we discussed, truck drivers are under a lot of pressure while working. Unfortunately, this leads some of them to take unnecessary risks while behind the wheel. A driver may be at fault for a crash if they were speeding to make a deadline, engaging in distracted driving (perhaps by checking directions), driving while impaired, or driving recklessly.

The delivery company

The delivery company may also be at fault for a crash if they were negligent in their responsibilities. For example, if a company hires unsafe drivers because they fail to do proper background checks, rush drivers to the point that they have to drive unsafely to make deadlines, do not maintain their vehicles, or put drivers on shifts that force them to drive while fatigued, they could be at fault for any collisions that follow.

It’s important to understand the difference here between contractors and employees. If a driver is self-employed and contracts with companies to do deliveries, that’s a slightly different setup than a driver that is employed by a company. This is something your delivery truck accident lawyer will find out as they investigate your case, and they’ll help you decide how to proceed.

A third party

There are some cases in which neither driver is at fault. If an entirely unrelated third party is to blame, you can still likely go after them for compensation. Examples include:

• Another driver: A driver uninvolved in the crash can still cause it. For example, imagine a driver coming from your right that turns left in front of you and a delivery driver. You both swerve to avoid hitting them and collide. The other driver did not have the right of way, and because they rushed to get in front of you, they caused you to crash.
• Vehicle manufacturer: If a vehicle is designed or manufactured in an unsafe way, the manufacturer may ultimately be to blame if the vehicle fails and causes a collision. Unfortunately, these serious defects often aren’t discovered until they cause severe or fatal crashes.
• Maintenance provider: This is possible for delivery truck accidents since delivery truck fleets often have contracted maintenance providers. If a maintenance provider doesn’t do required inspections, rushes through necessary work, or fails to catch a defect in a vehicle, they could be held responsible when the truck causes a crash.
• Municipality: An unsafe road, unreadable signs, or poorly designed intersection could ultimately be the government’s fault. While you can still sue the government if they cause an accident, the process tends to be more complicated than suing a private party.

Delivery companies and liability

It’s important to understand the difference between responsibility and liability. Earlier, we talked about figuring out who is responsible for a crash. However, responsibility is not the same as liability. If a driver is employed by a delivery company and they cause a crash, they may be responsible for it—but the company will likely be liable. Companies are generally liable for harm caused by their employees when they are working. If the driver was acting within the scope of their employment, the company’s insurance will typically cover claims arising from the driver’s negligence, even if the company wasn’t directly at fault.

You can still expect their insurance company to fight back when you try to secure fair compensation. Delivery truck accidents can be expensive, and trucking companies may do whatever they can to keep their insurance costs low and protect themselves from lawsuits. That’s why we recommend hiring a delivery truck accident attorney whose sole job is to advocate for you.

Protect your best interests with Wagner Workers’ Compensation & Personal Injury Lawyers

If you’ve been hit by a negligent delivery truck driver, our team of personal injury attorneys is here to help. Schedule your consultation now by calling or contacting us online.