Paducah Delivery Truck Accidents
Delivery trucks come in all shapes and sizes, from smaller mail trucks to larger grocery store delivery trucks. The boom in online shopping has also resulted in a sharp increase in the number of packages being delivered by companies like FedEx, UPS, and DHL, meaning that there are more these trucks on the road to potentially crash into other vehicles. Delivery truck drivers have seen a dramatic increase in the number of deliveries that must take place each day, which could entice them to speed or drive carelessly in an attempt to get everything where it needs to be. Because of their size and weight, delivery trucks can cause serious injuries when they crash into smaller passenger vehicles. An experienced Paducah truck accident attorney can help following a delivery truck accident. When delivery vehicles are involved, special considerations can apply, and our firm can utilize our knowledge and resources to guide you through the legal process.Suing for Your Injuries Following a Collision with a Delivery Truck
When a delivery vehicle causes a crash, vicarious liability is an important concept to understand. Under Kentucky law, corporations or businesses can be held responsible for the negligent actions of their employees during the course and scope of employment. This means that you should be able to pursue the company which owns the vehicle for any injuries you suffer as a result of negligent driving by the delivery truck driver.
Generally, when the owner of a vehicle gives someone else permission to drive the vehicle the owner is still liable for any accidents caused by the negligence or carelessness of the driver. Moreover, most delivery truck drivers are employees of a larger company. Typically, an employer will be responsible for the negligent actions of its employees. This allows delivery truck accident victims to pursue the commercial insurance policy of the owner or employer instead of just a small individual auto insurance policy the driver may have. If you are unable to resolve your claim amicably with the insurance company, then you have a period of one year from the date of the accident to file suit in civil court in the Paducah area.
Special rules may apply for mail delivery trucks since they are most often United States Postal Service vehicles. Such vehicles are property of the federal government, and the drivers are federal employees. These vehicles are usually uninsured which means that any bodily injury or property damage claim must be brought against the United States government and not a private insurance company. The Federal Tort Claims Act, not state law, will govern in these cases, and there are extra hoops you must jump through in order to be compensated for your injuries and losses.
In either event, whether you are pursuing a claim against a commercial or governmental entity, you will need to prove that the delivery truck driver’s negligence caused the accident. If the truck driver received a citation for the accident, such as failure to exercise due care, then you may be able to show negligence per se. Under this theory, a driver is presumed negligent if he violated a law or ordinance. If the delivery truck driver was not cited for the accident you will need to prove negligence through other evidence, such as eyewitness testimony or physical evidence like tire marks from the scene of the accident. If you can establish liability, you can recover for medical expenses, lost wages, pain and suffering, and property damage losses.Obtain a Free Consultation with a Paducah Lawyer
Properly documenting and filing a bodily injury claim is usually a complex process, but the process may be even more difficult when commercial or governmental entities are involved. These entities will often try to dispute or outright deny your claim in an effort to keep from being financially responsible for your injuries and losses in a delivery truck accident. The attorneys at Nahon, Saharovich & Trotz pride themselves on fighting these big companies and getting big results for injured people. In fact, our firm has recovered more than $1.5 billion in settlements and verdicts for their clients injured in areas throughout Kentucky, Tennessee, Mississippi, Missouri, and Arkansas. Call us toll-free at 800-529-4004 or complete our online form to set up a free consultation with a truck accident lawyer today.