Delivery Vehicle Accidents in Cape Coral

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 auto accident, you should speak to a truck accident attorney.

We can help you pursue the compensation that you need to rebuild your life and ease the financial burdens on you.

Causes of Delivery Vehicle Accidents

Delivery vehicle accidents may have a number of causes, such as speeding, running red lights, driver fatigue, distracted driving, and driving under the influence. 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.

Proving Negligence

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 responde at superior, or vicarious liability. This is only possible if the delivery vehicle driver was on the job when the truck accident took place.

The employer will not be liable for its employee's negligence if the truck 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.

Damages for Delivery Vehicle Accidents

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.

Our Legal Team

If you were injured or someone in your family died in a delivery truck accident, we can guide you through the legal process of asserting your rights. At Lusk, Drasites, & Tolisano, our truck accident lawyers can help you understand your options. We know how devastating tractor trailer accidents can be, and you can trust that we will make every effort to get you full and fair compensation.

We represent injured people near Cape Coral, Fort Myers, and Naples. To request your free legal consultation with one of our Florida truck accident lawyers, call us toll-free at (239) 908-4930.

Awards & Associations

  • Greater Fort Myers Chamber of Commerce
  • American Association for Justice
  • Bonita Springs Area Chamber of Commerce
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  • Southwest Florida Hispanic Chamber of Commerce
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    We at Lusk, Drasites & Tolisano have been in practice for 40 years, which means you can count on our skill, experience, and community value to help you through your case.

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