Dallas Delivery Vehicle Accident Attorneys
If you were the victim of a delivery truck accident in Dallas, contact The Benton Law Firm today. We have experience helping clients pursue the compensation they deserve for their injuries. We know you’re in pain and suffering the consequences of someone else’s poor decisions. You shouldn’t be left to struggle with the resulting medical expenses, lost wages, and mental anguish on your own. We’ll ensure the negligent party pays what they owe you.
Delivery vehicles for companies, such as UPS and FedEx, contain products that the drivers must deliver to individuals and other companies throughout our cities on tight deadlines. Many delivery drivers travel hundreds of miles in one shift. Despite feeling tired, they push through to remain ahead of schedule. A decision like that could result in accidents that cause severe injuries or even fatalities.
You deserve the chance to seek justice for the suffering you experienced. The delivery vehicle driver’s actions caused your injuries, and The Benton Law Firm is ready to help you fight for the positive outcome you deserve. Call us today at (214) 777-7777 to schedule your free consultation and learn about your rights.
Why Do Delivery Vehicle Accidents Occur?
Various contributing factors could result in a car crash involving a delivery truck. Things like unfavorable weather conditions, defective roads, and traffic could create hazards that lead to an accident. If the delivery driver notices any of these dangers, they should find a different route to take or pull into a parking lot and wait for the conditions to improve.
Driver error typically plays a major role in motor vehicle accidents, especially with delivery truck drivers. Their employer expects them to remain on schedule and get to the destination when they’re supposed to. If they fall behind schedule or encounter some type of issue, they might attempt dangerous behavior, such as speeding, to get the job done.
Other delivery vehicle drivers lack experience or training. Commercial truck drivers are supposed to undergo extensive training and education programs to ensure they understand trucking regulations and how to handle adverse conditions. If the driver doesn’t have experience operating a large vehicle like a delivery truck, it will be difficult for them to respond well to a dangerous situation.
Common causes of delivery vehicle accidents include:
- Reckless driving, such as speeding or tailgating
- Loading cargo improperly
- Failure to maintain and repair truck
- Impaired by alcohol or drugs
- Fatigued or drowsy driving
- Failure to check blind spots
- Driver inattention, such as texting while driving
You might think the truck driver is the only person who could be responsible for a crash. However, their employer could potentially hold the blame. Examples of delivery company actions that could lead to an accident include:
- Hiring an inexperienced or unqualified driver
- Failure to provide adequate training and supervision
- Lack of routinely scheduled vehicle maintenance and repairs
- Failure to promptly replace a recalled vehicle part
- Exceeding delivery truck weight and size requirements
- Violating regulations for the number of hours their drivers are on the road
Steps to Take After a Delivery Vehicle Accident in Dallas
If you suffer injuries in a delivery truck crash and need medical attention, there are some steps you should take after the accident. If you want to pursue compensation from the truck driver, you need to protect your rights and gather sufficient evidence.
Follow the steps below:
- Call 911. Don’t leave the scene until law enforcement shows up and performs an investigation. They will write a traffic crash report, and you can request a copy online.
- If you’re not immobile, take pictures of the crash site. Include photos of debris, skid marks, vehicle damage, and other relevant details.
- Talk to people who witnessed the accident. Write down their names and phone numbers.
- Go to the hospital and undergo an evaluation of your injuries. If your doctor refers you for imaging tests, surgery, or further treatment, you should listen. Continue treating with your doctors until they release you from care.
- Keep copies of everything associated with the delivery vehicle accident. That includes your medical records, prescriptions, insurance company letters, emails with your attorney, etc.
- Hire a Dallas delivery vehicle accident attorney to assist you with your insurance claim or lawsuit.
Trucking Company Regulations
There are regulations issued by the Federal Motor Carrier Safety Administration that delivery drivers and trucking companies must follow. The rules are supposed to keep other motorists safe and specify who becomes financially responsible for resulting injuries if a crash does occur.
Hours of Service
Delivery vehicle drivers are only allowed to drive for a maximum of eleven hours after spending at least ten hours off duty. A single shift can’t last for more than fourteen hours consecutively, including the time it takes to load and unload cargo.
For every eight hours of consecutive driving, the truck driver must take a 30-minute break. Additionally, they must refrain from spending more than 60 hours on duty over seven days or 70 hours over eight days.
Alcohol and Drugs
All prospective trucking employees must undergo and pass a drug and alcohol screening. It’s also a requirement that they continue with random testing during their employment. Whenever there’s suspicion that a delivery driver is under the influence, the trucking company is entitled to perform immediate testing.
Maintenance and Inspection
Trucking companies and employees must perform regularly scheduled maintenance and inspections on the delivery vehicles. They should check for wear and tear, damage, defective parts, and other issues. If they find things like slit tire or squeaky brakes, they must immediately address the problem and repair or replace it.
Delivery truck drivers are never allowed to use their hand-held mobile devices while operating their vehicles. Under this FMCSA regulation, anyone who drives a commercial truck can only use a hands-free phone that’s within close proximity.
There are various requirements delivery vehicle drivers must follow when loading cargo. Everything must be secure with tie-downs or another securement device that doesn’t contain any defects. There are also specific weight requirements for different sized trucks. An overloaded delivery vehicle could cause the driver to lose control. Additionally, they must use proper precautions when transporting hazardous materials.
How Much Is My Case Worth?
There are both economic and non-economic damages available in a delivery vehicle accident claim. Economic and non-economic damages are the expenses and suffering of an injured victim after an accident, such as:
- Past and future medical costs
- Lost wages and lost earning capacity
- Car repairs or replacement
- Property damage
- Pain and suffering
- Emotional anguish
Economic damages are expenses and are easy to calculate because they often include a receipt or billing statement. On the other hand, non-economic damages are intangible losses that require different methods for quantifying. An insurance company or jury will review the following factors of your case to determine how much compensation you deserve for your non-economic damages:
- Type of injury and its severity
- Duration of necessary medical treatment
- The time it takes to recover or reach maximum medical improvement (MMI)
- Lost wages due to the inability to return to work
- Impact of damage on daily life
- Total economic damages
- Disfigurement, disability, or impairment resulting from the accident
- Emotional or psychological trauma experienced
- Sufficient medical evidence availability
Your attorney will gather evidence and put a case together on your behalf that supports your receiving maximum compensation for your losses and suffering.
Texas Auto Accident Laws
If you get hurt in a motor vehicle accident caused by a delivery truck driver, you can pursue the maximum compensation available under the fault system Texas follows. At-fault drivers become financially responsible for injuries and damages resulting from a car crash. Typically, the liability falls on their auto insurance company.
Since all motorists are supposed to carry auto insurance, the delivery vehicle driver likely has liability insurance that could compensate you for your damages. You could file an insurance claim and request a copy of the policy to determine the maximum settlement you could receive.
Another rule in Texas is known as the modified comparative fault rule. Under this rule, if you share any fault for the delivery truck accident, your total damages would decrease by your percentage of the blame. For example, if you incurred $100,000 in damages, you would normally be entitled to $100,000 in compensation. However, if an insurance adjuster determines you were 20% at fault, you could only recover a maximum of $80,000.
Why Choose The Benton Law Firm?
Our Dallas delivery vehicle accident attorneys know what you’re going through. This has been a tough time in your life. You sustained an injury because of the other driver’s careless actions and required expensive medical care. You’re in pain and unable to perform the normal duties of your job. Your relationships with family and friends are suffering because of the accident.
You can depend on us to help you seek the justice you deserve. We’ll hold the delivery vehicle driver or their employer responsible for the crash and ensure they pay for your damages. We never back down from a fight and we’ll work hard until we resolve your case.
At The Benton Law Firm, we believe in providing our clients with affordable legal representation, which is why we take cases on contingency. You won’t have to pay us up front to represent you. We don’t take our legal fees and costs unless we secure financial compensation from the at-fault party. If you don’t get paid, we don’t get paid.
If you or a loved one suffered injuries in a delivery truck accident, call us today at (214) 777-7777. One of our Dallas truck accident attorneys will meet you for a free consultation and discuss your legal options.