Why is It So Difficult to Recover Fair Compensation After an Accident with a Delivery Truck in Florida?

Although delivery trucks in Florida operate on behalf of major corporations with extensive resources, it can be difficult for anyone injured in an accident involving one to receive fair compensation because of legal maneuvers and the complexity of the claims process. There may be numerous parties potentially responsible, and their defense teams will be trying to shift liability, all while the injured victim is struggling to understand the future needs caused by their catastrophic injuries.

What this means is that if you or a loved one get hurt in a truck accident, you need to get an experienced team working right away to protect your interests, because the legal teams working against you will not waste any time in their efforts to defeat your claim. To succeed in recovering full compensation after a delivery truck accident, you will need evidence to prove who was responsible for causing the collision and a documented understanding of the long-term impacts of your injuries. As attorneys with extensive experience helping truck accident victims secure full compensation for their losses, we explain the challenges and how to overcome them.

What Parties Could Be Held Liable for a Delivery Truck Accident?

When you see the name FedEx or Amazon on the side of a truck, you might assume that these companies could be held liable for an accident caused by one of their drivers. But the fault could lie with someone else entirely, and it takes intense investigation to uncover what caused the accident and which parties can legally be held responsible.

When is the Delivery Company Liable?

The company that organized the delivery or provided the merchandise may have taken steps to insulate itself from liability for delivery truck accidents by using drivers as independent contractors rather than employees. In many cases, you cannot hold the delivery company vicariously liable for the action of the driver operating the delivery van or truck.

However, your injury attorney may be able to hold the delivery company liable if their actions contributed to the cause of the action because of factors such as:

• Failure to review a driver’s qualifications before engaging the driver
• Lack of proper driver training or supervision
• Establishing policies that require drivers to operate in an unsafe manner

The delivery companies are aware of their vulnerabilities, and they will not make it easy to uncover information that could be used to hold them liable. You need to work with a legal team with the knowledge of how to use discovery tools in a sophisticated manner to acquire the information you need to establish liability against the delivery company.

Does the Delivery Company Provide Insurance if Their Driver is at Fault?

Some drivers, such as those who operate through the Amazon Flex program, may have insurance through the company they work for, and that insurance can provide significantly more resources than the driver’s personal policy. When Amazon Flex drivers are engaged in deliveries, Amazon’s insurance may provide up to $1 million in coverage. 

However, with so much money at stake, the insurance company will invest heavily in fighting claims. While you may allege that the driver caused the accident by speeding, driving while distracted, or other irresponsible behavior, the attorneys for the insurer may try to prove that the accident was actually your fault.

Who Else Could Be at Fault for a Delivery Truck Accident?

While some delivery trucks are personal vehicles operated by contractors, others are corporately owned and maintained. So maintenance or leasing companies could be liable for a truck accident, and so could the company that loaded merchandise onto the truck.

In addition, if the accident was caused by a defect in the truck or a component, then the manufacturer could also be liable. An experienced accident attorney could investigate to determine all the applicable causes of the collision and the parties that could be held responsible.

What Will Commercial Insurance Companies Do to Make it Hard for You to Recover?

The insurance companies involved in a delivery truck accident case will use a number of tactics to prevent you from obtaining fair compensation, including:

• Immediately gathering evidence at the accident scene to argue that you caused the accident
• Making it difficult to recover internal records and other evidence about the truck’s maintenance and operation and the driver’s background
• Pressuring you to accept a meager settlement before you know the extent of your injuries
• Stalking you on social media to gather evidence to argue that your injuries aren’t as serious as you claim

Your personal injury attorney must anticipate these tactics and stay one step ahead to secure full compensation for your losses.

FAQs About Recovery in Delivery Truck Accident Cases

Is the police report the most important evidence in a delivery truck accident case?

While the police report is often one of the most critical pieces of evidence to show causation in car accident cases, the logistics of commercial trucking operations can provide evidence that may be even more valuable.

What evidence is used to prove fault in a delivery truck accident case?

Evidence that can be used to establish liability in a delivery truck accident case includes:

• Company policies and training records
• Records of vehicle maintenance and inspections
• Electronic data from the truck
• Driver records
• Witness statements
• Footage from dashcams or surveillance cameras

Attorneys usually need to use legal tools to obtain much of this evidence from the trucking company, and they need to do so as soon as possible because many records are routinely discarded after a certain period.

Why does it matter whether a delivery truck driver is an employee or an independent contractor?

In Florida, employers are generally legally responsible for the actions of their employees under the doctrine of respondeat superior. The same is not true for independent contractors. But many times, delivery companies label their drivers as independent contractors when in reality the companies exercise so much control over the drivers that they should be classified as employees. A skilled attorney can persuasively demonstrate that degree of control.

Searcy Denney Tallahassee Understands How to Succeed Against Corporate Trucking Interests

Injuries from truck accidents tend to be much more severe than injuries from car accidents, so it can be more difficult to properly evaluate future needs and the value of future losses. When these challenges are added to the intense layers of defense from corporate attorneys and insurance companies, accident victims face a serious struggle to obtain full compensation after a delivery truck accident.

At Searcy Denney Tallahassee, we have decades of experience overcoming the tactics used by corporate trucking interests, and we know how to ensure that the full value of an accident victim’s claim is calculated appropriately. To learn what your case may be worth and how we can help you get maximum compensation, call us at 888-549-7011 or contact us online now.