Riverside Delivery Truck Accident Lawyer

If you or a loved one has been injured in a delivery truck accident, California law may entitle you to financial compensation. The Riverside delivery truck accident lawyer at Hanson & Mouri can help you with your claim and ensure you and your family receive the justice you deserve. Request a free consultation online or call (951) 419-3199 today. 

Why Choose Our Riverside Delivery Truck Accident lawyer

• Our team has handled thousands of personal injury cases, and we have the resources to go up against any delivery company, such as USPS, Amazon, UPS, or FedEx.
• We provide personalized legal services designed to deliver outstanding results.
• Our Riverside delivery truck accident lawyer take cases on a contingency fee basis, which means no fees unless you win.

How Can An Attorney Be Helpful in Delivery Truck Accident Cases?

An accident with a delivery truck can be catastrophic, which may mean months of recovery with bills piling up while you are unable to work. On top of that, truck accident cases can be incredibly complex, and it can be challenging to determine which party is liable for your losses. In most truck accident claims, there are many parties involved that may be responsible. To avoid the stress of determining which party to file a claim against and battling for the compensation you deserve, hire a delivery truck accident lawyer. They will handle every aspect of your claim for you while you focus on getting better. 

To ensure you recover maximum compensation, your attorney will perform an extensive investigation into the crash. Your delivery truck collision attorney in Riverside will be responsible for:

• Gathering all the evidence from the crash scene. This includes police reports, video surveillance from traffic cams or businesses, photographs from the scene, eyewitness statements, and more.
• Ensuring that you are evaluated by a trusted medical professional who can assess the full extent of your injuries.
• Obtaining all records related to the truck driver and trucking company, as well as maintenance logs of the truck, to determine liability for the crash.
• Negotiating with every party involved to reach a settlement that will cover all of your accident-related expenses.

You can have peace of mind knowing someone is advocating for you, and your rights will be fully protected. 

How Is Fault Determined In Delivery Truck Accidents?

Determining fault in delivery truck accident cases is typically never straightforward. Unlike a simple traffic accident, more parties are involved, such as the driver, the truck’s owner, the company leasing the truck from the owner, and possibly others. Establishing which parties are liable requires an in-depth investigation. 

How an Insurance Company Determines Fault

Once someone has filed an accident claim, the insurance company will assign an adjuster to assess the claim and determine who is at fault. There will likely be more than one adjuster involved in the process since each party’s insurance company will conduct its own investigation. The adjuster will review: 

• Whether the Delivery Truck Driver was Working: This is a huge factor in these cases. Depending on which insurance company is reviewing the claim, it may be denied based on whether the delivery truck driver was considered working at the time of the accident. Under the legal doctrine of Respondeat Superior, employers are responsible for the actions their employees commit during the time of their employment. In other words, the truck driver’s employer’s insurance company could be liable if the driver was on the job. However, the delivery truck driver still has to be found at fault for causing the accident. 
• Accident Scene Evidence: photographs, videos, measurements of skid marks, notation of the position of each vehicle after impact, location of damage to each vehicle, any available surveillance footage, information about the surroundings that could have been a factor in causing the crash. If possible, you should always take photographs and videos immediately after the accident. 
• Police Report: the police officer who was at the scene will create an accident report which carries a lot of weight in an insurance company’s decision on fault. It will typically include the following: 
• Basic Details: The date, time, and location.
• Contact Information: The name, address, phone numbers, insurance company, and policy number for all parties involved. 
• Injuries: Any injuries the officer witnessed. 
• Driver Statements: The officer will interview you and the truck driver. 
• Narrative of Events: The officer will state how they believe the accident happened.
• Diagram: A diagram may be included of the accident scene, where the vehicles came to rest, and the point of impact. 
• Vehicle damage: The location of the damage to each of the vehicles involved will also be noted and may mention any other damaged property. 
• Weather and Road Conditions: The weather or road conditions may have played a role in the collision. 
• Traffic Violations: Any citations issued by the officer can be powerful evidence of a delivery truck driver’s fault.
• Eyewitness Statements: statements from eyewitnesses can be very compelling since they are an objective third party and do not have a financial stake in the claim’s outcome.
• Medical Records: Link your injuries to the crash and demonstrate the severity. The location of your injuries could also help substantiate where your vehicle was hit at the time of the accident.                                                                                                                                                                                                                                 

After reviewing the evidence and verifying each parties’ insurance policies and coverage amounts, the adjuster will sometimes assign a percentage of fault to each driver. 

How the Court Decides Fault

Most delivery truck accident cases are settled outside of court. In the off chance that your claim does make it to trial, a judge or jury will determine who was at fault by first examining the evidence and hearing arguments from each side. After which, they will decide which party was negligent and is liable for the other’s losses. 

Unlike insurance claims, police reports do not carry any weight with a judge or jury and are typically inadmissible as evidence. However, a traffic violation may persuade the judge or jury of a party’s negligence and, in turn, find them at fault for causing the accident. Expert witnesses are also commonly hired by the injured party to testify and prove how the accident occurred and the extent of injuries. 

Delivery companies may argue that a driver was not acting “within their scope of employment” when the accident occurred. Meaning the driver was not considered working at the time. Whether or not this defense will work typically depends on a few factors: 

• The driver’s intent.
• The time and place of the accident.
• The driver’s amount of freedom with their work schedule and determining when to perform job duties. 

If a delivery truck driver was, in fact, performing a job duty that was within the scope of their employment and was at fault for the accident, their employer will be liable.

About FedEx/UPS Claims

In an attempt to limit liability for accidents, many commercial delivery carriers hire “independent contractors” rather than employees to deliver packages.  For example, large companies like FedEx and Amazon contract with separate entities to deliver goods on their behalf. If a delivery truck driver is an independent contractor rather than an employee, the company will claim that the driver is responsible for an accident since companies are only liable for the actions of an employee. 

Sorting out liability issues and finding the proper defendants (at-fault parties) to take legal action against in FedEx and UPS claims can be very complicated. An attorney experienced with these cases can investigate all angles of your case to determine who is ultimately legally liable for your accident and your injuries. 

Steps to Take After a Delivery Truck Accident

After an accident with a delivery truck, there are specific steps to take that are critical to your health and insurance claim:

Seek Medical Care

Accidents with delivery trucks can result in catastrophic injuries, which means you may be immediately transported to a hospital. If not, make sure to still be thoroughly evaluated by a medical professional as soon as possible. Some severe injuries can have delayed symptoms. Also, medical documentation linking any injuries and potential injuries are crucial to an insurance claim. 

Preserve Evidence 

If you can, document any evidence from the crash, including photos and video of the scene, items from inside your vehicle, the damage to the vehicles, and your injuries. Ask the other parties involved for their contact information, as well as their employer’s. If there are witnesses, ask if they’ll make a recorded statement on your phone or if you can contact them later. Document anything and everything you can, as some evidence, may seem irrelevant at first but can wind up having a significant impact on resolving your claim. 

Notify the Insurance Companies 

Report the accident to your insurer. If you have collision coverage, you may choose to file a claim under your policy, and they will walk you through the next steps. The insurance company belonging to the truck driver or their delivery company may attempt to contact you for your side of the story. Do not give a recorded statement. Your claim can easily be compromised if you accidentally offer up information that can be used against you. If your injuries are severe and there is evidence of their employee’s fault, the delivery company’s insurer may also attempt to offer you a settlement to resolve your case quickly. Although it may be tempting, this amount will typically be unfairly low, and it is in your best interests to refrain from accepting.

Speak to an Attorney

Contact a Riverside or San Bernardino truck accident lawyer as soon as possible. They will evaluate your case for free and advise you of your best course of action. If you choose to hire one, they will handle all aspects of your claim while you recover. Some delivery trucks have a black box, which records data such as speed, sudden accelerations, braking, and more. This information may be what you need to prove your claim, and without an attorney, this data can be lost, misplaced, or purposely destroyed.

How Does An Attorney Collect Evidence For My Case?

After you hire an attorney, they will promptly take action to preserve critical evidence for your case. That may include: 

• Sending out trained accident scene investigators;
• Taking pictures of the crash site, the surrounding area, and any skid marks;
• Hiring an expert to complete accident reconstruction, if necessary;
• Taking eyewitness statements;
• Obtaining any available video surveillance footage of the crash, including dashcam video if available;
• Examining the actual vehicles and the truck’s load information
• Collecting and reviewing all medical records, including your physician’s or a medical expert’s prognosis regarding potential long-term impairments;
• Collecting pay stubs and other proof of lost income. 
• Obtaining a copy of the police report for review;
• Reviewing traffic camera recordings;
• Subpoenaing cell phone records;
• Collecting black box data;
• Obtaining the delivery company’s compliance reports, delivery truck inspection reports, the truck driver’s employment records, their permit or license number, medical records, and results of alcohol or drug testing;
• Advising you on what to say and what not to say when talking about the accident.

Over time, evidence can be lost or destroyed, and witnesses’ memories can fade. The sooner you hire a delivery truck accident lawyer, the better your odds are that the evidence you need can be preserved.

How Long Do I Have to File a Delivery Truck Accident Claim?

After a delivery truck accident in Riverside, you have two years to file an injury claim, starting from the date of the collision. California’s law, known as the statute of limitations, sets this deadline. If this period passes, the at-fault party can file a motion to dismiss your case, and you will more than likely lose your right to pursue and recover any type of compensation. 

How Do I File a Riverside Delivery Truck Accident Claim?

Since California is a fault state, the party responsible for causing an accident is liable for any resulting damages. However, you still have options for how to go about recovering compensation. 

Your Own Auto Insurer

If you have collision or comprehensive coverage, you can call or go online to file a claim with your auto insurance company. Your insurer should pay for your car repairs, medical bills, lost wages, and other losses from your physical injuries. You will be responsible for your deductible, but you may receive reimbursement at a later time. If the delivery truck driver was at fault, your insurance company will pursue a subrogation claim to recover compensation from the at-fault party’s insurer for the benefits they have paid on your claim. 

The Delivery Truck Driver or Company’s Policy

If you are confident that the delivery truck driver was at fault, you can file a “third-party” claim with the driver’s insurance company or their delivery company’s insurer. You will not have to pay a deductive; however, these insurance companies have the discretion to either accept or deny your claim. The insurer will send an adjuster to investigate your vehicle and claim, then possibly make a settlement offer. If you disagree with the amount they are offering, you can still file a claim with your own insurer. 

Personal Injury Lawsuit

If negotiations with an insurer are unsuccessful or they are not offering the amount of compensation you need to cover your losses fully, a delivery truck accident lawyer can help you file a Riverside personal injury lawsuit. Most cases settle before the court date, but filing may be the extra push an insurer needs to settle for a fair amount. 

Contact Our Riverside Delivery Truck Accident attorney

Handling a delivery truck accident case on your own can be extremely stressful. We will fight aggressively to ensure you are treated fairly and that you obtain the compensation you and your family deserve. Call or contact our San Bernardino Accident lawyer online to schedule a free consultation.