Delivery Truck Accidents

UPS, Amazon Prime, and FedEx Delivery Truck Accidents

Since these companies often hire novice drivers, the safety of pedestrians and other drivers is put in grave danger as these drivers rush through neighborhoods and apartment complexes. Amazon Prime and UPS are especially notorious for hiring extra help around the holidays to help get packages delivered on time for Christmas, but these inexperienced drivers aren’t always properly trained.

While many delivery truck drivers follow all of the rules, even a single lapse in judgment can result in catastrophic incidents. When these accidents occur, a lawyer can help you get a fair settlement, but it can be a complicated process. Determining liability in these cases is simple when the driver is an employee of the delivery service. Typically with FedEx and UPS, this is the case, and the company is liable for any injuries, damage, or deaths that occur in the accident. However, independent contractors can pose serious complications in the event of an accident.

Amazon tends to hire third-party drivers or independent contractors to deliver packages. In these instances, Amazon has relieved itself of any potential liability in accidents. If you are hit by a third-party independently contracted driver, you still deserve fair compensation for any damages and injuries that were sustained during the accident. This is when hiring a lawyer isn’t just a good idea but is absolutely critical.

Steps Horn Law Will Take in a Delivery Truck Accident Claim

1. Legal Investigations

In addition to obtaining police reports and other official documents pertaining to the delivery truck accident, we will conduct independent investigations. Depending on circumstances, driver records, employment records, witness statements, state regulation, laws and statutes, video evidence, etc., all evidence may be relevant in establishing the claim against the delivery driver at fault.

We strive to establish liability as early as possible in the investigation processes. We need to determine all drivers who caused or contributed to any accident. The following are some of the reasons why delivery drivers are more prone to causing a collision that results in a sudden onset of injury that requires extended medical treatment and rehabilitation.

• Inconsistent Regulation: Not all delivery drivers have CDLs or are considered professional drivers. Some delivery companies have started hiring individuals to deliver out of their personal vehicles, while others use third-party companies to find drivers, making regulation very challenging.
• Driver Fatigue: Delivery drivers often work long hours without adequate breaks. During busy seasons, drivers are pushed to meet unrealistic delivery expectations, which can lead them to work long hours or skip breaks and meals to get more packages on doorsteps.
• Aggressive Driving: In order to meet deadlines, delivery truck drivers often resort to speeding, quickly making lane changes, and other unsafe driving practices. These aggressive driving tactics increase the risk of a motor vehicle accident.
• Distracted Driving: Many delivery drivers fully depend upon their navigation systems to get to each dropoff point. This means that drivers are often taking their eyes off the road to check their navigation, making an accident much more likely to occur.

2. Establishing Insurance Coverages

Establishing insurance coverages right from the start is vital to obtaining a maximum settlement or award in an injury claim. This is especially true within the context of delivery truck accidents where the driver isn’t required to carry any special insurance coverages, and the major delivery company often defers liability directly to the driver or the third-party company that actually employs the driver. A lawyer can help you navigate the difficult circumstances surrounding delivery truck accident insurance coverage. It is critical that anyone involved in an accident with a delivery truck driver contact a lawyer right away to figure out what insurance coverages are in place.

3. Filing Claims

To maximize the legal recovery, the proper claims need to be filed with the insurance companies representing everyone involved in the accident. That is because when insurance companies are notified of a new claim, under state laws, they must put funds aside in order to resolve the claim. These funds are called “insurance reserves.”

These insurance reserves are set by insurance companies in the early and middle parts of the case. It is our responsibility as lawyers to provide the insurance adjusters with information and documentation so that insurance reserves can be properly set. Keep in mind that insurance reserves are frequently adjusted as new evidence is introduced into the case. This is why securing the evidence early on is so important in a delivery truck accident claim.

4. Securing Important Evidence

By securing crucial evidence in delivery truck accident cases, we can obtain maximum settlements and awards for our clients. Liability and medical evidence are both critical in determining fair compensation after an accident.

Medical records and physician reports are essential to our cases. The day-to-day medical entries made by doctors and therapists can be powerful evidence to prove loss of health associated with the physical limitations caused by traumatic injuries.

In most cases, medical specialists play a key role in providing expert opinions regarding the past, present, continuing, and future effects of a traumatic injury. These details are so important to obtaining a fair and full settlement or award for the victim(s).

5. Making Demands

The presentation of medical evidence, including expert opinions regarding the nature of the injuries, treatments, rehabilitation, and prognosis, together with evidence supporting careless or reckless driving on the part of a delivery driver, are key elements in positioning our case so that our injured client is fully compensated.

Our written demand for settlement, sent to the other party’s insurance claim adjusters, initiates confidential discussions regarding a potential settlement of the injury claims. These negotiations often involve many letters and discussions back and forth. These settlement negotiations occasionally end quickly, but it is vital that all relevant insurance company representatives are fully informed and instructed of the ultimate claim value.

6. Advanced Negotiations

With 30 years of experience in handling motor vehicle accident claims and crash litigation, we are skilled in all forms of advanced negotiations. Advanced negotiations in a delivery truck accident claim can include confidential negotiations with claims supervisors, higher-level insurance representatives, mediation, arbitration, and litigation.

Advanced negotiations are almost always necessary in these types of cases. This is because an injured person’s damages can easily exceed $100,000, especially if they need extended medical care with high bills, including permanent physical restrictions or limitations related to a traumatic injury.

7. Horn Law Code of Conduct

Our law firm will only take on delivery truck accident cases where we can provide a substantial benefit to our client. As we proceed with the legal representation, we will continue to work in the best interests of our injured client by devoting our full professional abilities and resources to the case.

At Horn Law, Attorneys Doug Horn and Laurie Del Percio, and a team of paralegals have unique responsibilities in the cases we handle. We can handle every aspect of the legal process for our clients in Kansas City, including negotiating valid and enforceable liens upon recovery.