Kansas City Delivery Truck Accident LawyersAs more delivery trucks hit the streets, we have noticed an uptick in the number of vehicle accidents caused by delivery truck drivers. For those who work in car accident law and crash litigation, this is not surprising. Inexperienced and novice drivers can easily get positions as drivers for companies like Amazon and UPS. These drivers are often in large vans or their own vehicles, and they are tasked with delivering as many packages as possible each day. For a number of different reasons, these novice delivery drivers are at a greater risk for causing the types of crashes that cause serious injuries and traffic fatalities.
Injury Claims Arising from a Delivery Truck AccidentBecause delivery truck accident cases involve special legal conditions and insurance coverages, if you or someone you know has been injured in an accident involving a delivery vehicle, please alert Lead Attorney Doug Horn for free legal consultation. Call 816-795-7500 during normal business hours for a quick response. After hours, or on weekends and holidays, please use the chat function on this website to contact Doug Horn.
UPS, Amazon Prime, and FedEx Delivery Truck AccidentsDelivery truck driver accidents being on the rise should come as no surprise since there has been a dramatic increase in online shopping, requiring more delivery trucks on the road. UPS, Amazon Prime, and FedEx delivery trucks can be seen all over highways, city streets, and neighborhood roads. Over the last five years, more than 60 accidents and ten deaths have been caused by Amazon delivery drivers. In the span of two years between September 2017 and 2019, UPS vehicles were involved in 58 fatal accidents and 853 injury accidents. FedEx drivers were involved in 26 fatal and 266 injury accidents over a similar two-year span. 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.
Delivery Truck Accident Settlements and AwardsBecause victims of a delivery truck accident are entitled to only one claim settlement or award, the settlement or award to the injured person must be a maximum recovery. A maximum recovery means a settlement or award to our injured client that accounts for all of his or her past, present, continuing, and future damages, including compensation for medical expenses, loss of income, loss of household services, personal losses, loss of health, pain, suffering, physical limitations, loss of quality of life, and permanent disability. Horn Law handles delivery truck accident cases in Missouri, Kansas, and throughout the Midwest, including cases involving:
- Head, neck, back, and spinal injuries
- Traumatic brain injury
- Bone fractures
- Injuries requiring physical therapy/rehabilitation
- Injuries requiring hospitalization and/or surgery
- Catastrophic injury
- Wrongful death
Steps Horn Law Will Take in a Delivery Truck Accident ClaimAs crash lawyers, we know how to handle delivery truck accident cases to get the injured party a fair settlement. Our track record of success speaks for itself. Here are the steps we will take to obtain the best results for other drivers or pedestrians affected by delivery truck accidents.
1. Legal InvestigationsIn 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 CoveragesEstablishing insurance coverages right from the start is vital to obtaining a maximum settlement or award in an injury claim. This is especially true in 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 drivers. 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 contacts a lawyer right to figure out what insurance coverages are in place to protect both the delivery driver and the victim.
3. Filing ClaimsTo 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 EvidenceBy 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 DemandsThe 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 NegotiationsWith 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 ConductOur 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 responsibilities in every case we handle. We can handle every aspect of the legal process for our clients in Kansas City, including making sure all liens and reimbursements are made upon recovery.
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