If you’ve been in a delivery vehicle accident, like this shocking case in South Florida’s Ives Estates, you might assume the driver will be held responsible, and that’s the end of the case. After all, who else could be blamed?
Contrary to the above assumption, many parties could be held liable in these crashes, including the company the driver represents, the owner of the truck, or maintenance and cargo crews. Brooks Law Group specializes in determining liability in delivery vehicle accidents and advocating for our clients’ rights. We seek to prove liability and hold all responsible parties accountable after your accident. Part of this task includes staying up-to-date on recent trends in liability and ensuring companies don’t slip off the hook with ever-changing tactics.
Before we can expound on proving the liability of specific parties, though, we must ask:
Who can be liable in delivery vehicle accidents?
Proving liability in delivery vehicle accidents begins by investigating the truck or van involved in the crash. Lawyers examine:
The Driver
The delivery vehicle driver is often the first party we look at in an accident case. If the driver was negligent—for example, driving under the influence, speeding, or violating traffic laws—they could be held responsible for injuries and damages. Additionally, driver fatigue or distracted driving may also play a significant role. Attorneys usually seek to prove fault by reviewing the driver’s actions leading up to the accident, carefully analyzing witness statements and police reports, and reviewing the delivery vehicle’s data (if there is any).
The Company
Employers (like delivery companies) can be held responsible for the actions of their employees under the legal principle of “respondeat superior.” If a truck driver was acting within the scope of their employment, the employing company might share liability in delivery vehicle accidents. Additionally, these companies can be directly liable if they don’t:
- Properly vet and (or) train their drivers
- Maintain their delivery vehicles and keep them up to safe standards
- Comply with federal and state safety regulations as they pertain to commercial vehicles
The Vehicle Manufacturer (Yes, they can hold liability in delivery vehicle accidents.)
Sometimes, a defect in a delivery truck (or van) itself contributes to an accident. Faulty brakes, defective tires, or other mechanical issues can lead to catastrophic crashes. In such cases, the manufacturer of the vehicle or its parts may be held accountable under product liability laws. Identifying these issues often requires expert analysis and thorough investigation and means you need an attorney with experience in proving liability in commercial vehicle accidents.
Individuals or Services That Loaded Cargo
Improperly loaded or overloaded cargo can make a delivery vehicle unstable, increasing the likelihood of an accident. If the accident was caused by cargo shifting or falling within the truck or van, the company or individuals or company responsible for loading the truck may be liable. Detailed records and witness testimony can help determine if improper loading practices were to blame.
Maintenance and Service Mechanics
Regular maintenance is crucial for ensuring that delivery vehicles operate safely. If a third-party maintenance provider (like a local mechanic) fails to perform adequate inspections or repairs, they could be held responsible if mechanical failure contributed to the accident. Maintenance logs and service records for the vehicle in question are critical pieces of evidence in such cases.
Once liability is determined, the next step of the legal process begins: pulling evidence to prove fault.
How are companies attempting to avoid liability in these crashes?
More recently, large companies are trying to avoid liability in delivery vehicle accidents by utilizing an independent contractor-based model. This model doesn’t just include drivers but rather includes IT services and support, logistics, and other sectors. This loophole, known as a “gig economy”, attempts to decrease or eliminate a company’s liability in accidents involving trucks or vans marked with their branding.
As attorneys who specialize in delivery vehicle accidents, we know these larger corporations have significant amouts of influence over these independent contractors, and thereore, we believe the companies should still be held liable when accidents occur. That’s why our team fights to make sure all parties are held accountable for your injuries and damages if you were hurt by a delivery vehicle.
What kind of evidence is needed to prove fault in delivery vehicle accidents?
Dashcams can provide important evidence in delivery vehicle accident cases.
While each delivery vehicle crash is unique, there are commonalities – one of these being evidence required for proof of liability. When determining liability in delivery vehicle accidents, many attorneys request:
- all information from the delivery vehicle’s “black box”; these are also known as EDRs (Event Data Recorders)
- police reports
- witness statements
- photos of the accident scene
- any video footage taken by witnesses, individuals involved in the accident, or investigators
- any video footage from dashcams or backup cameras installed on the delivery vehicle
- reports by accident specialists (reconstruction teams, analysts, etc.)
- maintenance records of the commercial vehicle in question
- records from the driver’s employer (history with the company, completed training, etc.)
- the driver’s records (any prior accidents on record, tickets, etc.)
While not comprehensive, the above information is a launching point for attorneys seeking to prove liability in delivery vehicle accidents. Once the needed evidence is gathered, building the case begins.
Brooks Law Group helps injured individuals prove liability in delivery vehicle accidents.
As commercial vehicle accident attorneys serving the greater Tampa Bay Area, the team at Brooks Law Group is skilled in proving liability in these collisions and helping injured individuals get the compensation they need and deserve. We weave together evidence from your specific case, Florida law, federal law, information unique to your accident, and your own medical records and personal statements to construct a solid, airtight case that stands up in court. We advocate for your rights from start to finish. You’re never alone when you choose Brooks Law Group to take on your case.
Worried about affording legal help amidst accumulating medical bills and increased cost of living? You don’t pay for our services unless we win your case, thanks to our contingency fee and free consultations. At our practice, people come first, and all are given equal opportunity to receive help when they need it most. With offices conveniently located in Winter Haven, Lakeland, Tampa, West Palm Beach, Kissimmee, Miami, Tallahassee, and Orlando, we proudly serve a long list of cities throughout the Bay area.
Delivery vehicle accidents can be complicated, but proving your case and getting the help you deserve doesn’t have to be. Look to Brooks!
