I’ve seen how confusing it can be for victims of vehicle accidents. The months of hassle with insurance companies. The photos, the phone calls. And then there’s dealing with rental cars, repair shops, and let’s not forget the overall disruption to your life. Things get even more confusing when it’s a delivery truck accident. Assigning liability in a delivery truck accident is much more complex than your average fender-bender. Whether it’s a box truck, delivery van, or company truck, fault can lie far beyond the driver.

Are there any witnesses? Are there issues with driver visibility? Is the driver impaired? Were any laws broken? Who’s at fault? Who’s liable for damages? It could be vehicle manufacturers, delivery companies, drivers, sub-contractors, or any number of parties that contributed to the accident. There are so many possible scenarios when it comes to a delivery truck accident that it requires thorough investigation, as well as smart thinking on part of the victim. When you’re the victim in a delivery truck accident there are certain steps to protect yourself.

What To Do Right After a Delivery Truck Accident:

1. Determine if anyone in your vehicle is injured.
2. Stay in your vehicle unless it’s unsafe to do so.
3. Write down notes about what happened so you have a reference and don’t forget.
4. Call 911 and your attorney immediately.
5. When calling police, only make the most basic statements that can help the police find your location and know whether to send emergency vehicles for injuries.
6. Only state visible facts such as the closest intersection, if you were driving alone or with other occupants, and if the accident is blocking traffic.
7. Don’t say anything about who you think is responsible or get specific about damage. Yes, tell the operator if a vehicle rolled over or crashed into something. But don’t don’t say anything that could be seen as a personal opinion. Keep to the facts.
8. If you’re asked any questions beyond location and injuries, tell them you have an attorney and are going to wait to answer additional questions.
9. Once it’s safe to leave your vehicle, take photos of all involved vehicles as quickly as possible. Get every angle. Take photos of surrounding structures, buildings, and nearby parked vehicles or obstructions.
10. Make a note of the names of nearby stores so they can be contacted for video footage. Take a photo of any video cameras you see.
11. Get the names and contact info of any witnesses.
12. Don’t talk about the accident with the other driver or their passengers while you wait for the police to arrive.
13. When asked questions by police in person, be calm and state only what happened. Repeat what you told to 911. Don’t make assumptions about the intention of other drivers or make accusations. Refer to your notes if you need to.
14. When asked if anyone has injuries in your vehicle, don’t make a self-diagnosis. Mention all symptoms even if you don’t feel like they’re important. Many injuries aren’t immediately evident or significantly painful.
15. It’s best to accept medical attention even if you don’t feel pain. Injuries like whiplash are serious but may not be painful at first.
16. Once you’re back home, make a note of your symptoms daily and detail how they’re changing or getting worse.
17. Even if you don’t feel injured, it’s important to schedule a visit with your primary care doctor. Not only does the doctor become a witness, but some types of injuries, such as head wounds, can take weeks or months to show their full effects.

What To Expect in the Days After a Delivery Truck Accident:

Your delivery driver will almost certainly be drug tested by their employer. To ensure this happens, contact an attorney quickly so they can see that drug tests and investigations are proper and thorough.

Life after an accident can be just as stressful as the accident itself. Getting hit by a delivery truck can be catastrophic. Make sure to document other expenses related to the accident. Make detailed lists and keep your receipts. I find it’s easier when you take photos of the receipt and save it into your camera roll in a folder with all your accident photos.

Types of Damages to Document:

• Loss of wages
• Possible job loss
• Doctors’ visits and medical care
• Medications, including over the counter medicines like aspirin or other pain relief
• Rental car costs
• Rehabilitation costs
• Emotional distress
• Pain and suffering
• Reduced ability to do regular activities, sports, or hobbies
• Scarring or permanent injury
• Wrongful death

It’s not a surprise to see an increase in delivery truck accidents. With changing industry standards, optimizing of routes, delivery quotas, and potential increased time behind the wheel, accidents are more likely to happen.

What Are Causes of Delivery Truck Accidents?

• Distracted Driving (Texting, Talking on Phone, Focusing on GPS)
• Poor Driving Skills
• Violating Right of Way
• Moving Without Visibility
• Reversing Into Vehicles, Objects, Buildings, Pedestrians, and Cyclists
• Traffic Blockage
• Driver Impairment (Drugs, Alcohol, Exhaustion)
• Road Rage
• Incomplete or Inferior Driver Training
• Inadequate Vehicle Maintenance
• Carelessness
• Improperly or Overloaded Vehicle
• Lack of Familiarity With Local Streets, Driving on Restricted Streets
• Excessive Speed

Who is Liable in a Delivery Truck Accident?

The driver may be responsible if they are:

• An independent contractor.
• Distracted or doing something illegal while driving, such as texting.
• Intoxicated or under the influence of drugs or prescribed pharmaceuticals.
• Underinsured or have no insurance.

The company or subcontracted company may be responsible if:

• The driver was poorly trained.
• The truck or trailer was not loaded properly, either by being unsecured or overloaded.
• The driver has been over-scheduled.
• The vehicle was in disrepair.

This is not by any means a complete list of the variables. But it can help you understand how complex liability in a delivery truck accident can be. And how important it is to stay calm, stick to the facts, and be alert.

Should I Accept an Offer From an Insurance Company?

If you have an attorney, all offers and discussion should come directly to them. If a company attorney or insurance representative pressure you to accept an offer, tell them you will make a decision with your attorney. Never let anyone intimidate you into signing or agreeing to anything. When you have an attorney, you’ve got a strong team on your side. Let us do the work. Let us protect you.

Conclusion

My name is Mike Braverman and I represent citizens in the Bronx and across New York City in personal injury cases, auto accidents, wrongful death, worker’s com, medical malpractice, police brutality, and civil rights cases. As I’ve recommended many times, you should always have an attorney’s phone number in your phone in case of emergency. If you want to put my number into your phone, it’s 718-618-5567. You can call me 24 HOURS A DAY, SEVEN DAYS A WEEK. It’s a free consultation and you don’t pay unless you receive a judgment.