Delivery Vehicle Accidents
Drivers who deliver products for a living are often incentivized to make deliveries on time. As a result, they may speed through traffic or be distracted by deadlines while operating their trucks. Delivery vehicle collisions can result in catastrophic injuries or even death. For serious accidents, injured victims may find it expensive to obtain the necessary medical treatment and rehabilitation services. Most people do not have enough money saved to cover the medical and property damage costs from delivery vehicle accidents. If you were injured or a loved one was killed in such an accident, call the Syracuse truck accident attorneys of DeFrancisco & Falgiatano for a consultation.Delivery Vehicle Accidents
To establish liability for a delivery vehicle accident, you must prove that the truck driver acted with negligence by a preponderance of the evidence. This means you must show that the delivery truck driver owed you a duty to use reasonable care on the road, but failed to do so, thereby causing your injuries. A delivery truck driver may breach the duty to use reasonable care by speeding, weaving across lanes, texting while driving, drunk driving, failing to obey signs or signals, driving aggressively or tailgating.Other Responsible Parties
Sometimes, parties other than the delivery truck driver are also accountable for the injuries caused in the accident. The trucking company may be held responsible for damages under a theory of vicarious liability, an indirect form of liability, if the driver was operating the delivery truck in the course and scope of employment at the time of the accident.
In certain situations, employers can be held directly liable for delivery vehicle accidents, such as when a delivery company negligently hires, trains or supervises a driver. For example, if a delivery company hires a driver without conducting a background check on a job applicant that would have uncovered his prior drunk drinking convictions, the company may be held responsible under the theory of negligent hiring if the delivery driver crashed into your car while driving under the influence.
There may be other theories of liability that also apply depending on the circumstances of the collision. For example, if a third-party loading company overloaded the delivery truck or went against weight recommendations, the loading company may be held liable for any accident that results. Alternatively, if a mechanic installed defective tires on a delivery vehicle during a maintenance check, and this caused the accident, it may be appropriate to add both the mechanic and the tire manufacturer as defendants to the lawsuit. An experienced lawyer can fully investigate the circumstances of the accident to ensure that all responsible parties are held accountable.Damages
If you can prove that the driver, delivery company or another party was liable for a delivery vehicle accident, you may be able to recover compensatory damages, which are meant to put you back in the position you would have been in had there been no negligence. Damages can include economic losses such as medical bills, rehabilitation, therapy, out-of-pocket costs, replacement services, and lost wages. They can also include noneconomic damages like pain and suffering, scarring, mental anguish, disfigurement, loss of enjoyment, and loss of consortium.
The damage award will depend on the type and severity of injuries you sustained, as well as your personal characteristics. Where a delivery vehicle accident results in paralysis, for example, it may be necessary to buy a wheelchair and undergo extensive therapy. You may need to add wheelchair ramps to your house and hire an assistant to clean and help complete other chores that you no longer can perform yourself. You may experience a loss of enjoyment of life, especially if you were physically active prior to becoming paralyzed. If you can no longer participate in a recreational sports league or became depressed because you are unable to socialize with friends, you may be able to recover for these losses in a personal injury lawsuit.Consult a Seasoned Attorney in Syracuse
Because delivery vehicles are usually larger than ordinary passenger cars, they can inflict serious harm. If you were injured in a delivery truck accident, you should talk to a lawyer at DeFrancisco & Falgiatano about your situation. We represent truck accident victims in Syracuse, Rochester, and other places in Upstate New York, including in Cooperstown, Auburn, Oneida, Canandaigua, Binghamton, Lyons, Oswego, Watertown, Wampsville, Elmira, Herkimer, Ithaca, Lowville, and Utica. Please contact DeFrancisco & Falgiatano at 315-479-9000 or by completing our online form.