Every year, thousands of Americans are injured in accidents involving delivery trucks. A truck driver operating a commercial vehicle in an irresponsible manner can cause damage to other vehicles and personal property. Delivery truck accidents can also cause serious injuries. Drivers should therefore be aware of the dangers their commercial vehicles can cause. Failure to understand the dangers or simply driving in a reckless manner could leave the delivery truck driver liable for an accident.
If you have been involved in a delivery truck accident and are considering making a truck accident claim, you need an experienced Orlando personal injury lawyer who knows how to navigate the legal system.
At The Law Place, we can represent you if you have sustained injuries or if a family member has been fatally injured due to a negligent driver. Our team of highly skilled truck accident lawyers will evaluate each case on an individual basis and provide personalized legal representation.
We understand how complex these types of cases can be, so contact a truck accident lawyer today at (941)-444-4444 for a free consultation.
The Role of Your Orlando Truck Accident Lawyers from The Law Place
Your delivery truck accident attorney will help you seek compensation when you have been injured or have suffered property damage as a result of an accident. Your truck accident lawyer will analyze your case and identify the parties liable for your damages.
The legal process begins with a free consultation, if we believe you have a valid claim, we will offer our services on a no-win no-fee basis. If you decide to continue with representation, we will work quickly to collect information about the accident, review applicable evidence, and begin preparing a strategy to pursue damages.
Truck accident cases will involve working with insurance providers as part of the negotiation process. Not all insurance companies will pay out. Some will offer an unacceptably low settlement, while others may decline the claim. If this happens, we will start the process of bringing the case to trial.
Once the case reaches the court stage, a jury or judge will make a final determination on liability and damages based on the evidence we provide.
Your lawyer will keep you informed of any developments throughout the personal injury lawsuit process. We will advocate for you and work on your case daily to move it forward, using our combined 75 years of legal experience.
The Dangers of Commercial Delivery Vans
Delivery vans are essential for the economy. They keep goods moving, and they supply stores with products that consumers need. However, they can pose a risk to road users and pedestrians due to their weight and inability to maneuver quickly. If operated incorrectly, they can result in a truck accident.
There are instances where a trucking company will recruit inexperienced van drivers just to put more drivers on the road to meet growing demand. However, this increases the risk of truck accident claims because drivers don’t know how to handle vehicles properly. In addition, drivers are facing more and more pressure to meet increasingly tight delivery schedules, which can mean long hours on the road.
The truck company maintenance team is also pressed for time when it comes to undertaking vehicle checks. This can increase the likelihood of accidents because maintenance teams may cut corners to get the van back on the road quickly.
All of these factors have the potential to increase the danger that delivery vans can cause and raise the risk of Orlando truck accidents.
Furthermore, when truck drivers are overworked, this leads to fatigue, distracted driving, speeding, and taking unnecessary risks. In addition, poorly maintained vans working on long delivery routes can pose a risk to the van driver and other motor vehicles.
Causes of Delivery Van Accidents
A delivery truck driver often has a busy schedule, with tens or even hundreds of deliveries to make each day. Mistakes happen, and drivers can be negligent, or matters beyond the control of the commercial truck driver can cause an accident. Not all accidents involving a delivery van are caused by the driver, but almost every accident is avoidable. Some of the main causes of commercial truck accidents can include:
Driver Error
When working under pressure, drivers of delivery vans can make mistakes such as speeding, not obeying traffic laws, failing to properly check the truck’s blind spots, and driving while under the influence of drugs or alcohol. All of which can lead to serious car accidents. Driver fatigue can sometimes cause the truck driver to lose control. Drowsy driving is often the cause of accidents when drivers are overworked.
Poor Vehicle Maintenance
If the trucking company does not properly maintain a delivery van, it may have faulty brakes or other mechanical issues that could potentially cause an accident. Delivery vans should receive regular maintenance checks to ensure they are safe.
Road Conditions
Poor road conditions can make it difficult for drivers to navigate their vehicles safely. Accidents involving delivery trucks may occur if the driver is unable to avoid hazards such as potholes or poor visibility due to insufficient lighting. In this instance, your lawyer may conclude that a government entity may share fault for the delivery truck accident.
Weather Conditions
Inclement weather, such as heavy rain or thick fog, can reduce driver visibility. The weather can make it difficult for them to see any potential hazards in their path and increase the likelihood of an accident occurring.
Distracted Driving
Drivers of delivery vans may become distracted while driving due to texting, eating, or adjusting the radio, which can cause a truck accident.
Unsecured Cargo
If a delivery van’s cargo is not properly secured, it could fall off and cause an obstacle in the roadway, leading to an accident with another vehicle. Sometimes, when drivers are in a hurry, they may forget to secure the doors of the van. As they drive around, the van doors open, and the cargo is spilled onto the roadway causing an obstruction for other road users.
Poorly Designed Delivery Routes
Delivery routes that are too long or too difficult for drivers can create fatigue, which increases the risk of accidents occurring on these routes if drivers are unable to remain alert during their shifts.
Defective Parts
Faulty parts within a delivery van can result in sudden failure at any point, which could leave a driver unable to control their vehicle, leading to an accident. Sometimes, a van driver may ignore faults with a van or put them off until later, but these parts could prove dangerous.
Aggressive Driving Behaviors
Drivers who behave aggressively behind the wheel, such as tailgating other vehicles or speeding excessively to finish their deliveries sooner, increase their odds of getting into an accident. Risky behavior doesn’t just put the van driver at risk; it can also be dangerous for other motorists in a passenger vehicle and pedestrians.
Injuries from Delivery Van Accidents
You may experience varying degrees of injury when it comes to an accident with a delivery van or delivery truck. An Orlando truck accident lawyer will gather information and evidence of your injuries to support your case.
Some of the typical injuries associated with an accident involving a delivery truck include:
Whiplash Injuries
One common injury is whiplash, which occurs when the head suddenly moves backward and then forward at high speed. Neck injuries can damage the muscles and tendons in the neck. Symptoms can include pain or stiffness in the shoulders, arms, or neck; headaches; difficulty sleeping; and dizziness.
Treatment often involves rest, ice packs, painkillers, physical therapy, massage therapy, and chiropractic care. Although whiplash injuries are rarely long-term, recovery can still take some time and may incur ongoing medical costs.
Traumatic Brain Injuries
Another common injury that may result from a delivery van crash is a traumatic brain injury (TBI), which can occur when there is a violent blow to the head, resulting in a disruption of normal brain function.
Symptoms vary depending on the severity of the brain injury suffered but can include confusion, drowsiness, memory problems, headache, vision problems, slurred speech, vomiting or nausea, fatigue, and general weakness on one side of the body.
Treatment for mild TBIs may involve lots of rest and time to recover. Severe cases may require surgery as well as physical therapy or occupational therapy to help relearn functions such as walking or speaking. More serious traumatic brain injuries can prevent you from returning to your everyday tasks for some time. This can result in lost wages and ongoing medical bills.
Other injuries that you may have experienced include broken bones, fractures, and muscle injuries, as well as organ damage if the collision was serious.
Psychological Injuries and Implications
In addition to the physical injuries caused by delivery van accidents, you may also experience psychological harm such as anxiety or post-traumatic stress disorder (PTSD). Sometimes, the effects of psychological injuries can be just as severe as physical injuries.
For example, PTSD is an anxiety disorder that develops after experiencing a significant traumatic event, such as a truck accident. It doesn’t always appear immediately after the accident. You may start to experience symptoms after some time has passed. Treatment for PTSD typically includes talk therapy and/or medications such as antidepressants.
Symptoms can include:
- Flashbacks or nightmares related to the accident.
- Avoidance of everyday activities related to the trauma.
- Difficulty concentrating.
- Insomnia or disturbed sleep patterns.
- Irritability.
- Feeling detached from family members and friends.
- Changes in appetite leading to weight fluctuations.
- Issues with memory recall.
- Indescribable feelings of fear or sadness.
- Panic attacks.
- Feelings of guilt related to surviving a traumatic event while others did not.
Every truck accident case will present unique challenges and circumstances. An Orlando truck accident lawyer from The Law Place understands how to evidence harm such as PTSD and how to place a value on psychological harm.
If you have been the victim of physical or psychological injuries after an Orlando truck accident, speak to our team at The Law Place today.
Damages for Negligence
When pursuing a legal claim against the trucking company or negligent party, you may be able to recover various types of damages.
Economic damages will cover any losses related to medical expenses, lost wages, and any other financial costs that you incurred due to the accident. These may include physical therapy costs, emergency medical expenses, equipment rental fees, hospitalization expenses, and lost earning capacity if your injuries prevented you from returning to work.
Non-economic or emotional distress damages relate to pain and suffering caused by the accident and loss of enjoyment of life activities due to physical limitations resulting from the injury. It can also cover loss of companionship or consortium if a loved one was injured in the accident. The amount awarded depends on factors such as age and severity of the injury.
Your Orlando truck accident lawyer will be able to see which type of damages are most suitable for the circumstances and build the claim accordingly.
Wrongful Death Lawsuit
Fatal accidents can sometimes happen. Perhaps you are the survivor of a crash whereby a passenger in the vehicle passed away. This can be a harrowing experience. Not only for you, but for surviving family members. If the deceased was a family member, you may be able to pursue a wrongful death insurance claim. This is brought against the negligent party responsible for the truck accident such as the driver or the trucking company. A truck accident lawyer will help you pursue a wrongful death claim.
Wrongful death claims cover any economic costs related to the deceased’s burial or cremation expenses as well as lost wages that would have been earned if they had continued living. Other costs, such as medical bills, funeral costs, and loss of companionship, may also be covered.
In addition, non-economic damages such as pain and suffering, emotional distress, and loss of consortium are also available in many wrongful death claims. These types of damages help compensate you for the grief and anguish resulting from your loved one’s death.
To be eligible for a wrongful death claim, it must be shown that the negligent party was responsible for causing the accident that led to the death. Your legal representative from The Law Place will conduct an investigation into the wrongful death and build a case based on the evidence.
Your lawyer will also explore state and federal regulations that relate to the vehicle involved, understand the background to the accident, recognize highway safety laws, and examine the conduct of the commercial driver. All of these factors will be taken into consideration when assessing your claim.
Establishing Liability
When it comes to delivery van accidents, there are several parties who could potentially be liable. These include the negligent truck driver, the trucking company, the van manufacturer, or any other party that may have contributed to the crash.
The driver of the delivery van is usually liable for any negligence or recklessness that led to an accident. If it is found that they were speeding, driving while distracted, or under the influence at the time of the accident, the driver’s insurance company can be held financially responsible for any damages caused by truck accident.
The driver’s employer may also be liable in some cases if they did not properly train or supervise their employees. Sometimes, poor maintenance on vehicles can be at fault. Employers may have strict safety policies and procedures in place to ensure that vehicles are safe to drive. If these are not followed, they could be held responsible for damages from an accident.
In addition, if an injury was caused by a part defect, such as faulty brakes or tires, the manufacturer may be held accountable for damages resulting from this defect. Manufacturers owe a certain level of care and responsibility when it comes to creating vehicle components.
The Law Place will conduct investigations to find out the cause of the accident, whether this was due to driver error, a faulty vehicle, or a combination of factors. Your Orlando truck accident lawyer will collect evidence to confirm the cause of the car accident and use this to form the basis of your claim.
Contact The Law Place Today
Accidents involving delivery vans can involve complex legal issues, so it is important for you to seek the help of an experienced lawyer. An Orlando truck accident attorney from The Law Place can provide ongoing guidance throughout the legal process and will fight to protect your rights.
Your lawyer will alleviate some of the emotional burdens that you may experience during an accident claim. They will be there to answer any questions or concerns you may have and provide the legal support you need throughout the claims process.
The Law Place has a team of accident lawyers who have the available resources to handle any personal injury claim, including those relating to delivery van accidents. We can manage the entire case on your behalf.
We bring our accident knowledge to every claim to recover the best possible outcome.
To find out more about our services or to book a free consultation to discuss your case, call our team today at (941)-444-4444 to discuss how we can help.