Delivery Truck Accidents – Who is Liable for the Incident?

In January 2019, nine-month-old Gabrielle Kennedy was safely strapped in her car seat in her mother’s car. She was killed when an Amazon delivery driver rear-ended the car with his rented 26-foot box truck. In June 2022, 30-year-old David J. Riley was sideswiped when a FedEx delivery truck in the Westbound lane of Highway 12 in Louisiana’s Beauregard Parish crossed into the eastbound lane while attempting to pass another vehicle illegally. Mr. Riley was killed.

As the number of delivery trucks on both interstates and residential streets has risen, so have occurrences of delivery-truck accidents causing victims significant injury and death. 

Determining Who is Liable for a Delivery Truck Accident

Delivery trucks are much larger and heavier than passenger vehicles, and the damage they cause to smaller vehicles, pedestrians, cyclists, and property is significant. Recovering those losses, or at least mitigating them, as loss of life, mobility, or function can never be fully recovered, requires a careful investigation of all aspects of the accident: the circumstances, the driver, the driver’s employment status and employer, the truck company and manufacturer, and even road conditions and traffic-signal functionality.

A thorough investigation allows victims to hold the party or parties responsible for causing the accident accountable, bringing the opportunity for financial relief and justice. 

How Parties Potentially Hold Liability

It is one thing to recognize who caused an accident. It is another to determine who is legally responsible for paying victims compensation. 

Delivery Truck Drivers

Drivers are responsible for operating their vehicles safely and owe all others on the road a duty of care. They must be proactive in following traffic laws and appropriately responsive to their driving environment, and avoid unsafe behaviors, such as reckless or distracted driving, speeding, or driving while intoxicated.

It is possible to hold drivers accountable for their accident-causing mistakes or bad choices. But they are not always the culpable party or the only party at fault.  

Truck or Retail Company

Drivers may be employed by the delivery company, retailer, supplier, or courier service they deliver for. These companies must properly train drivers and monitor their performances, and ensure their vehicles are appropriately maintained.

A company may fail in one or more of these areas, and these failures can lead to accidents. The company can also indirectly cause accidents in other ways. Competition among retailers and courier services is high–there is a constant battle for customer satisfaction. As a result, some companies “encourage” drivers to overload their trucks or rush to complete jam-packed delivery schedules. It is easy to see how too-heavy vehicles operated at too-fast speeds can lead to way too many accidents.

Case in point, ProPublica, who reported on the death of baby Gabrielle, states the driver who caused her death explained that he was “running late and failed to spot the jeep in time.”

Vehicle or Part Manufacturers

Vehicle malfunctions or defective parts or systems are other potential culprits. Manufacturers owe everyone on the road a duty of care, not just those who drive their vehicles. These manufacturers must ensure that no part of the vehicle is defective or improperly installed.

Offices Responsible for Road Maintenance and Traffic Systems 

A delivery truck has a tire blowout after hitting a large pothole and hits another vehicle as the truck driver struggles to right the course. On a road darkened by broken street lights, a delivery driver does not see a pedestrian and runs the person over. In these scenarios, and others like them, the entities in charge of keeping roads safe for travel failed to fulfill their duties, and may bear liability for the resulting accidents.

Collecting a Settlement Can Be an Uphill Battle

One thing almost all at-fault parties have in common is this: they do not want to make substantial payouts to victims. As a result, they will use a variety of tactics or legal maneuvers to protect themselves.

For example, to avoid liability when their delivery drivers are involved in accidents, Amazon has created an operating system in which they do not directly employ many of their delivery drivers. Instead, they use a network of contract drivers or form Delivery Service Partnerships (DPSs) with smaller delivery companies. 

Should contract or DSP drivers have accidents, Amazon claims it cannot be held liable since the drivers are not its direct employees. While Amazon or companies like it point fingers at others, victims continue to suffer from their injuries and financial distress.

Victims of Delivery Truck Accidents Deserve Substantial Compensation

Louisiana Truck Accident Lawyer

“I feel like I’ve been hit by a truck” is what people say when they feel terrible pain or are severely ill. Victims of actual delivery truck accidents experience the reality of that statement in devastating ways. 

The consequences of a delivery truck accident are comprehensive, affecting victims physically, emotionally, psychologically, and financially. At-fault parties can at least be held liable for restoring a measure of financial stability to their victims. 

Ultimately, there are a number of entities that may be liable for the damages sustained in a delivery-truck accident. Victims have the right to hold any and all parties financially accountable for the damages suffered. 

If you suffered an injury in a truck accident, contact Stephenson, Chávarri & Dawson, L.L.C. today, or call our law office at 504-523-6496.

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