Delivery Vehicle Accidents
Commercial vehicle drivers spend a lot of time on the road delivering goods to consumers. Unfortunately, delivery vehicle accidents take place in Florida and elsewhere in the United States quite frequently. If you or someone you know has been involved in this type of accident, you should speak to a Fort Myers truck accident attorney at Lusk, Drasites & Tolisano. We can help you pursue the compensation that you need to rebuild your life and ease the financial burdens on you.
Holding a Driver Accountable for a Delivery Vehicle Accident
Delivery vehicle accidents may have a number of causes, such as speeding, running red lights, driver fatigue, distracted driving, and the use of alcohol or drugs. Delivery vehicles range from FedEx trucks, UPS trucks, and DHL trucks to grocery store delivery cars, pizza delivery cars, flower delivery cars, and beverage trucks.
A crash involving a delivery vehicle is usually a result of negligence, which is a legal term that describes a failure to use reasonable care behind the wheel. Reasonable care means the precautions that a prudent driver would take in the same or similar circumstances. To establish a negligence case, you will need to show that the delivery truck driver owed you a duty of care, the defendant breached the duty of care, the breach was an actual and proximate cause of the delivery truck accident, and you suffered harm as a result. For example, if a driver fails to yield at an intersection while rushing to make a delivery, this would be a breach of the duty to exercise reasonable care, and the driver likely would be liable for any resulting harm.
It is important to note that a delivery vehicle driver’s employer may also be responsible for any injuries resulting from the driver’s negligence under the theory of respondeat superior, or vicarious liability. This is only possible if the delivery vehicle driver was on the job when the accident took place. The employer will not be liable for its employee’s negligence if the accident took place while the driver was on a personal detour from work. Employers may also be held directly liable under theories like improper hiring and training, improper maintenance of vehicles, or policies that encourage drivers to put profit ahead of safety.
If you are able to prove your case by a preponderance of the evidence, you will be able to seek economic and non-economic damages for your harm. These damages typically include medical bills, rehabilitation costs, pain and suffering, property damage, and lost income and earning capacity, as well as any other costs stemming from the accident.
Contact a Fort Myers Attorney to Discuss Your Truck Accident Case
If you were injured or someone in your family died in a delivery vehicle accident, we can guide you through the legal process of asserting your rights. At Lusk, Drasites & Tolisano, our Fort Myers truck accident lawyers can help you understand your options. We know how devastating motor vehicle accidents can be, and you can trust that we will make every effort to get you full and fair compensation. We also represent injured people in Naples, Port Charlotte, Lehigh Acres, and Sarasota, among other cities in Southwest Florida. Call us toll-free at (800) 283-7442 or contact us through our online form to set up a free consultation with a motor vehicle collision lawyer.