Delivery vans are all too common on West Palm Beach streets. These vans stop frequently and may be operated erratically in an attempt to finish deliveries quicker. If you or a loved one was injured in an accident caused by a delivery van driver, you deserve compensation. A West Palm Beach truck accident lawyer from the Law Offices of Anidjar & Levine can handle every aspect of your case.
Recoverable Damages in a Delivery Van Claim
You might need ongoing medical care to deal with your injuries, and sometimes the treatment can last the rest of your life. The compensation you get covers these expenses and other losses you might suffer due to your injuries. Some of the damages you can get include:
- Therapy and rehabilitation expenses
- Any home or vehicle modification to accommodate disability
- Past and future medical expenses
- Pain and suffering
- Past and future lost wages
A West Palm Beach delivery van accident lawyer will brief you on the damages you can claim. We also help you negotiate with the responsible party to reach satisfactory compensation.
How Our Team Can Help You After a Truck Accident
When you enlist our help, you can expect us to:
- Investigate your accident
- Gather evidence, such as a police report, photos and videos of the accident scene, hours-of-service logs, and the driver’s personnel file
- Interview eyewitnesses
- Work with expert witnesses, such as medical experts and accident reconstruction experts
- Communicate with all involved parties
- Negotiate with the other party’s insurer
- Determine a value for your case
- Prepare your case for trial
- Communicate with you regularly
You can learn more about what we will do for you during your free consultation.
Causes of Delivery Van Accidents
All cases have unique circumstances, and the causes of the accidents can vary. However, there are some common causes you can find spread across the board. Some of these causes of delivery van accidents include:
Mechanical Problems
Poor maintenance is one of the largest contributing reasons for road accidents. The van driver and their employer need to make sure that their trucks get regular service and ensure proper maintenance. Lack of maintenance can cause equipment failure while the vans are on the road. Faulty equipment is dangerous on the road and can cause dangerous accidents.
Driver Fatigue
Delivery van drivers spend hours on the road without rest. The long hours and drives bring about driver fatigue, and the tired drivers are not able to perform well. There are rules that regulate how many hours drivers can be on the road, but some companies tend to overwork their drivers. These drivers can fall asleep at the wheel or get distracted, resulting in fatal errors.
Distracted Drivers
Drivers can easily get distracted by their cell phones or other distractions. This takes their attention away from the road, making them unaware of other road users. A distracted driver is not only negligent, but they also risk their lives and those of others on the road.
Lack of Training
Some delivery companies choose to cut corners and employ drivers with little to no experience. They also don’t take the time to train these drivers, and their lack of expertise can cause an accident. An untrained driver might not know how to deal with certain road conditions or terrain, causing them to lose control and cause collisions.
Overloading of Cargo
Delivery companies can overload a delivery van to cut down the number of delivery vans and drivers to employ. An overloaded van can be hard to maneuver and can easily get out of control.
Driver Negligence
Commercial delivery van drivers can ignore road safety rules, engaging in activities such as speeding, driving under the influence, or driving while eating or drinking. Doing these activities while driving leads to slower reaction times and increases the chances of an accident.
Who Bears Liability for Delivery Van Accidents?
Legal liability falls on the reckless driver. If the delivery van driver breaks the traffic rules and causes an accident, they are liable for the costs of the injuries the victims get in the crash. Your West Palm Beach delivery van accident lawyer will look at the circumstances surrounding the accident and help you establish liability.
Employer Liability
The driver’s employer, the delivery van company, can also be responsible for the accident. This is per the vicarious liability doctrine that states that an employer bears responsibility for any actions their employee takes within the scope of their employment.
Your lawyer will help you manage filing a lawsuit against a delivery company. While filing against a company instead of an individual gives you the potential for more compensation, it also means you will be facing a bigger opponent with insurance companies and their attorneys backing them up.
Manufacturer Negligence
In other cases, the truck manufacturer, truck maintenance company, tire company, or parts manufacturer can also bear responsibility. A West Palm Beach delivery van accident lawyer will determine the party liable for the accident and help you pursue compensation on your behalf.
Shared Responsibility
Many factors contribute to automobile collisions, and in some cases, multiple parties can carry some of the blame. The theory of contributory negligence comes into play if more than one party is considered liable. Under Florida law, you can contribute to an accident and still recover compensation; however, you will receive less than if the other party was 100% responsible.
Evidence Necessary to Prove Damages in an Accident Claim
You need to present evidence showing the injuries and damages you suffered in the accident. This is what allows you to get compensation for your financial, emotional, and physical damages. Some of the evidence your lawyer can collect includes the delivery van logs, driver personnel history, and other documentation tied to the crash.
Other evidence that helps build your case includes:
- Police accident reports
- Pictures and video footage of the scene of the accident
- Eyewitness and expert testimonies
- Medical records
- Medical and treatment bills
Contact the Law Offices of Anidjar & Levine After a Delivery Van Accident
Reach out to the Law Offices of Anidjar & Levine to see how a delivery van lawyer can help you. Our attorneys can give you a free case evaluation and help you take the next step.
We will answer all your questions and frequent case updates to ensure you are always in the loop. Call us to get started on your case today.
We Can Help.
