Delivery Vehicle Accidents
Injuries in motor vehicle accidents can be devastating, particularly when they involve large, heavy-duty vehicles, such as delivery vehicles. In New Mexico, delivery drivers who trigger a motor vehicle collision may be held liable for the injuries caused by their carelessness. In many circumstances, the employers of those drivers may be financially responsible as well. In advancing a compelling claim against a negligent delivery driver or business, accident victims may benefit from experienced legal representation. Albuquerque truck accident lawyer Matthew Vance understands the complexity of delivery vehicle accident cases, and he can help plaintiffs pursue compensation after a rear-impact crash or another collision.Seek Compensation After a Delivery Vehicle Accident
Delivery vehicles vary considerably in size and weight, ranging from the massive tractor-trailers commonly utilized by large companies, such as UPS, FedEx, freight carriers, and other parcel shipment businesses, to the standard sedans used to deliver pizza and other food. Many truck accidents that occur on New Mexico highways involve trucks operated by large corporations, but even a flower delivery van speeding through a red light can cause devastating harm. If the accident was caused by the reckless or negligent driving of a delivery driver, or an overloaded truck, an injured victim may have legal recourse against the driver as well as the driver’s employer.
Delivery vehicle accident cases commonly consist of a personal injury claim filed by the plaintiff, who alleges that their injuries arose from the defendant’s negligence. In a claim against a delivery driver, the plaintiff has the burden to prove that the driver failed to act according to the applicable standard of care, and the driver’s actions caused the plaintiff’s injuries. Most commercial drivers are licensed professionals, who are held to certain standards. Accordingly, evidence indicating that the driver failed to adhere to these standards could support the plaintiff’s negligence case against the driver. The plaintiff’s attorney must also establish damages, or the losses caused in the accident. Generally, damages can include monetary compensation for past and future medical expenses, lost income, disfigurement or permanent injuries, loss of consortium, loss of household services, and pain and suffering. In rare cases, punitive damages may be awarded.
Even with insurance, an individual delivery driver typically will not have enough to pay all of the damages caused in a trucking accident. The delivery company that employed the driver, however, may be financially responsible for damages caused by the negligence of its employee under the legal theory of respondeat superior. In these cases, the driver must have been acting within the course and scope of their employment when the accident occurred.
Under certain circumstances, the plaintiff may also bring a direct claim against the driver’s employer, alleging that negligence on the part of the employer caused or was a substantial factor in contributing to the plaintiff’s injuries. The company may be found liable for its negligent hiring practices if, for example, it fails to reasonably vet its drivers before allowing them to drive 30-ton semi-trucks on the highway. Additionally, if an employer is inattentive in the training or supervision of its delivery drivers, or if it tasks an inexperienced driver with a job that could cause harm to another person, the company may be financially responsible for any injuries that arise. Within the industry, truck driver fatigue is a known factor that contributes to delivery vehicle accidents. Employers that negligently overschedule their drivers could be held accountable if a driver falls asleep at the wheel.Retain a Knowledgeable Albuquerque Lawyer After a Delivery Vehicle Accident
If you have been injured in a truck crash, Attorney Matthew Vance can provide trustworthy advice regarding your legal options. Mr. Vance serves people in Albuquerque, Santa Fe, Las Vegas, Hobbs, Roswell, Carlsbad, Farmington, Deming, and Bloomfield, as well as many other areas of New Mexico. Learn more in a free consultation by calling (505) 242-6267 or using our online contact form. Mr. Vance handles truck accident cases arising out of driver negligence, corporate negligence, mechanical failures, and other causes.