Suppose you or a loved one is a recent victim of an auto accident involving a delivery van. In that case, you may have a right to claim compensation from the delivery company, the driver, or a third party. Our Palm Bay truck accident lawyers are familiar with these claims.
We can protect your legal rights for compensation, investigate your case, and help you get the compensation you deserve after the accident.
Injuries and Possible Damages in Delivery Van Accident Claims
Delivery vans can include different types of vehicles, such as beer trucks, furniture delivery vans, DHL vans, water delivery vans, FedEx, United States Postal Service (USPS) or UPS trucks, or food delivery vans. These vehicles are more prominent and can cause significant damage when they collide with smaller vehicles, motorcyclists, or pedestrians. If you’ve been in a delivery van accident, the chances are that you might be dealing with severe, life-threatening injuries.
According to the Insurance Institute for Highway Safety (IIHS), smaller vehicles or other road users are at a higher risk of injuries than the occupants of larger vehicles, such as delivery vans, during collisions. Because of this, you may have a right to seek compensations for damages such as:
- Current and Future Medical Costs: Injuries such as a traumatic brain injury, spinal cord injury, or broken bones can incur substantial medical bills. These injuries include medical services like surgical procedures, CT scans, X-rays, MRIs, physical therapy, cognitive rehabilitation, prosthetics and mobility aids, hospitalization, and extended nursing care. Victims should not have to cater to these costs on their own if the accident was due to another person’s negligence.
- Current and Future Loss of Income: You might have to take several weeks or months off work to recover. In some cases, you may be unable to work or do the same job as before. In such a case, you may seek compensation for the income you’ve lost and the income you’ll lose in the future.
- Property Damage: The cost of repairing a vehicle or replacing a totaled car can be expensive. You can also seek compensation for the damages to your car, lost or damaged jewelry, or any other property you lost or is damaged during the crash.
- Pain and Suffering: Injuries such as paralysis or disfigurement, loss of a limb, and brain damage can affect the rest of your life. Also, any injuries, including flesh injuries, are pretty painful. This damage will help you seek justice for any physical pain, emotional effects, and mental impacts of the accident. Pain and suffering can also include stress, insomnia, and depression.
- Loss of Consortium: If you cannot care for your family or show affection to your family members after the accident, you can claim loss of consortium. This damage also compensates you for your hobbies or any fun activity that you’ll no longer enjoy. This also includes compensation for household duties that you may no longer contribute to in the same capacity.
- Wrongful Death: If the accident was fatal, the surviving family member could file a wrongful death claim or lawsuit. This claim can compensate them for accident-related medical bills and funeral and burial costs. Additionally, Florida Statutes §768.21 allows a family member of fatal accidents to claim loss of their loved one support, loss of companionship, and mental or emotional suffering.
Liable Parties in Delivery Van Accidents
Knowing with whom to file the claim after the accident can be challenging. This is because delivery van accidents can involve more than one party dealing with multiple insurance companies or organizations.
When investigating the cause of the accident, your lawyer will also be able to identify the liable party or parties. Given that delivery vans are commercial vehicles, the responsible parties could include:
The Delivery Van Driver
All drivers are required to use reasonable care while on the road. This includes upholding all traffic laws and federal and state regulations for commercial truck drivers. Suppose the driver causes an accident because of driving while under the influence of an intoxicating substance, speeding, distracted driving, aggressive driving, and any other form of negligence or recklessness. In that case, they’re liable for their conduct and can be held accountable.
You can file a claim or lawsuit against the driver and get compensation. Depending on the driver’s conduct or cause of the crash, they can also face hefty fines or jail time. If the case goes to trial, you could also be awarded punitive damages.
Delivery Company or Employer
Employers are liable for their driver’s actions while on duty. This responsibility depends on the terms of the driver’s employment. If the driver isn’t an independent contractor, the employer may be liable for the negligent actions that cause the accident. The employer can also be held responsible for not adhering to state and federal laws, insufficient van maintenance, or improperly loaded cargo.
Van Owner
In some cases, delivery companies lease vans from individuals or other companies. Depending on the lease terms, the van owner may still be responsible for serving and maintaining the vans. If the accident was due to insufficient vehicle maintenance, the van owner might be liable for the crash.
Other Third-Parties
Your claim might involve third-party entities such as the van manufacturer if the accident was due to faulty parts or mechanical failure or a government entity if the accident was caused by poor road maintenance or lack of road marking. Also, other motorists may be partly liable for the accident.
If your case involves multiple parties, your lawyer will file a claim with all parties involved within the deadline and negotiate a fair settlement according to their percentage of fault.
Let Our Palm Bay Delivery Van Accident Lawyer Handle Your Case
After an accident, a delivery van accident lawyer could help you claim compensation from the at-fault party. At the Law Offices of Anidjar & Levine, we are ready to protect your legal rights and fight for the best settlement or verdict.
If you or a loved one was recently in a delivery van accident in Palm Bay, contact us for a free case review and legal help.
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