Online shopping is an ever-growing modern-day convenience. Even before the COVID-19 pandemic, Americans have indulged themselves in having their essentials and luxuries delivered to their doorstep with the click of a button. What could be so bad? The substantial increase of delivery trucks in California neighborhoods and on its roadways. FedEx, UPS, USPS, Amazon, DHL, and other companies deliver thousands of packages throughout this state every day.
Despite professional training, delivery drivers are bound to make mistakes. Multi-tasking is a large part of their job. They must drive a large truck, watch for street names and house numbers, locate the right delivery point, and adhere to strict deadlines. There’s naturally a lot of pressure to keep up with the high delivery demand. All of this equates to a higher risk of delivery truck accidents. At Kash Legal Group, our California truck accident attorneys can help you after such an accident.
Delivery truck crashes may seem unavoidable with the increased volume of these vehicles on the road. However, in reality, nearly all accidents with delivery trucks are preventable. The negligence of the driver, the delivery company, a third party, or a combination of any of these usually caused or contributed to the accident. With hundreds of thousands of delivery trucks in operation making deliveries every day of the week, these companies are at high risk of causing and contributing to motor vehicle accidents. Parties that may be liable for your recent accident:
If the delivery truck driver is an independent contractor and not directly employed by the delivery company, you might be able to bring a claim against them individually. The other driver’s insurance company might offer you a settlement. If you don’t believe that the settlement offer is fair and they are unwilling to negotiate a fair one, you could take your case to trial to fight for the compensation you are entitled to receive.
A company can be held legally responsible for the actions of its employees. If an employed driver commits a negligent or wrongful act while performing the duties of their employment, the injured individual can bring claims against the delivery company itself, not merely the driver.
State laws determine the “scope of employment” when the accident occurred. In California, the employer is vicariously liable for its employees’ negligent and wrongful acts if those acts are committed within the scope of employment.
In some accidents, a third party, for instance, another driver, roadway maintenance crew, municipality, or vehicle manufacturer, may be liable for a delivery truck crash. Injured parties in these cases could potentially sue the third party in addition to the delivery truck driver or company.
It’s crucial to note that delivery truck accidents are often complex. The details may not be as straightforward as they seem. Suppose you collide with a United States Postal Service (USPS) truck. In that case, you have a claim involving the governmental government.
Government claims are different from others– one of the most significant differences is that you must notify the government agency about your intent to file a claim within six months of the accident. Claims against non-government parties have a two-year deadline, also known as the statute of limitations.
Our experienced California delivery truck accident lawyers can help you understand the complicated laws and regulations involved with delivery truck accidents. We’ll work tirelessly for the settlement, compensation, and reimbursement you deserve for your damages.
Within days of your FedEx truck accident or UPS Truck accident, you will likely receive a phone call from their insurance claims adjuster. This person will ask many questions about how the accident happened and your injuries. More than likely, they will request or even make it sound like you have to give a recorded statement. Likewise, if you were in an Amazon delivery truck accident, that driver’s insurance company will call and request the same.
No matter how nice they seem, how much they pressure you, or even if they tell you that you must provide a recorded statement, experienced California delivery truck accident lawyers highly advise against doing so. First of all, you don’t have to give a recorded statement. Second, it’s best not to speak to the adjust until you have talked with a lawyer about your accident. Once you hire an attorney, you can direct any phone calls or other communications you receive from the insurance company to your own attorney.
If you speak with them or give a recorded statement, they can and will attempt to use anything you say to further their agenda. What is their agenda? Unfortunately, it’s not to pay your claim fully or fairly. Insurance companies are out to make money, just like any other business. If they compensate you fairly for your damages, they won’t make as much money. By trying to twist your words, they can make it seem as if the accident was your fault or at least less fault of their driver’s. The more responsibility they can shift from their driver onto you or someone else, the less they know they will have to pay you.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
Whether you have been in a California FedEx truck accident, UPS truck accident, Amazon delivery truck accident, or any other collision with a delivery truck, our California lawyers are here to help. We know that being in any type of injury-causing accident can turn your life upside down.
Keep in mind that insurance companies may even tell you that you don’t need to hire an attorney because they will take care of you. No matter what they say, you should always consult with a lawyer about your accident.
Contact Kash Legal Group today at (888) 527-4128 or online to schedule your no-obligation case consultation with one of Kash Legal‘s seasoned Los Angeles personal injury lawyers.
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