Who Is Liable When You Are Hit by a Delivery Driver?

Delivery drivers often carry substantial loads and are on a tight time schedule with strict deadlines. As a result, some truck drivers fail to appropriately follow speed limits and traffic rules in order to reach their destination as quickly as possible. The Federal Motor Carrier Safety Administration (FMCSA) established very specific regulations regarding large commercial trucks as well as any trucks that deliver goods that meet certain specifications. If you suffered any kind of injury or losses as a result of being hit by a delivery driver, there are several different parties that you may have the legal right to hold liable.

Delivery Trucks

Delivery trucks are on the roadways far more frequently, as more and more people make the decision to quarantine at home due to COVID-19 and have their goods or groceries delivered. As a result, there is an increased pressure on delivery trucks to make substantial deliveries within strict timelines. Delivery trucks are often filled with significant cargo, which may not have been loaded appropriately. Safety requirements may not be followed as a result of hurrying to load cargo or deliver goods. If any accident results from the failure to follow safety regulations, a victim may have the legal right to pursue charges against several different entities.

Determination of Liability and Responsibility

Depending on the facts and circumstances of an accident involving a delivery truck or delivery vehicle, a victim of a delivery vehicle accident can file a claim against the following parties:

  • The driver of the delivery truck or delivery vehicle
  • The delivery company that hired the driver
  • The company that has a fleet of delivery vehicles for its business that was responsible for hiring the delivery driver
  • The owner of the delivery vehicle (which may be different than the parties listed above)
  • Any third-party company that has the responsibility to load cargo in the delivery vehicle
  • A manufacturer that designed or distributed a faulty part or component of the delivery vehicle that caused the accident.

Making a determination of legal liability and responsibility can be a complex and challenging legal task. Contacting an experienced personal injury attorney can help ensure that you receive a full and fair investigation of the accident, that a spoliation letter is issued to preserve evidence, that all parties are interviewed, and expert witnesses are available to testify to the determination of liability and responsibility for your injuries.