With more and more delivery trucks on the road, accidents are becoming more prevalent. And if you have been in a delivery truck crash in Camas, WA, you will need to know what your legal options are.
If you have been hit by an Amazon truck in Kamas, you need to get the help of a personal injury attorney before you file your claim. At Henderson Taylor Law Firm, our team of trucking accident lawyers near Camas has extensive experience handling commercial auto accident claims across Washington.
Keep reading to find out why delivery truck crashes are so common and how you can prove liability.
What Causes Delivery Truck Accidents?
The reality for many drivers on the road is that they are at risk of being hit by delivery trucks. In fact, the risk may be greater regarding these types of trucks for several reasons:
- Distracted driving: Commercial truck drivers are more likely to become distracted while operating the vehicle due to the nature of their work. They may be trying to follow route apps, communicate with their employers, or may be getting constant alerts.
- Speeding: Delivery truck drivers are also more likely to speed, especially if they are on a deadline. Because delivery trucks are usually larger than residential vehicles, speeding becomes even more dangerous, especially since they may not be able to brake as quickly.
- Driving fatigue: Unrealistic delivery schedules and long work hours can make commercial drivers more susceptible to driver’s fatigue. They may also not be taking adequate breaks throughout the day.
- Location unfamiliarity: Driving in unfamiliar areas can also lead to delivery truck accidents in Camas, WA. Especially since delivery drivers are often in residential neighborhoods, they may fail to yield or may not be paying attention to where they are going.
Who’s Liable in Delivery Truck Accidents in Camas, WA?
The good news for anyone injured by FedEx or UPS is that you have several options when you file your claim. Commercial vehicle liability in Washington can include a variety of parties depending on the circumstances that ultimately led to the accident. In some situations, you may even be able to hold more than one party liable.
The Driver
Liability often falls on the driver of the delivery truck if they failed to operate the vehicle safely. For instance, they could have been speeding, driving while distracted, or driving while impaired.
Claims where the delivery driver is at fault are usually a bit simpler, as you have greater access to evidence.
The Company
In many circumstances, the delivery company will be liable for the accident if fault doesn’t fall directly on the driver. You may be able to hold the delivery company responsible if they enforced unrealistic driving schedules, encouraged working through breaks, or didn’t perform adequate vehicle maintenance.
The delivery company may also be at fault for not providing adequate training or hiring unskilled drivers.
Third-Party Contractors
Large delivery companies often use third-party contractors, also known as delivery service partners. These partners help with smaller delivery needs and can also be held accountable for truck accidents. This is one aspect that differs from other types of auto accident claims since you will need to determine whether or not the accident involved a delivery employee or a delivery service contractor.
Manufacturer or Maintenance Company
In less common situations, liability may fall on the manufacturer if the delivery truck itself caused the accident due to inadequate design or an error. Additionally, the maintenance company could also hold a measure of fault if it failed to provide the necessary servicing, which caused a mechanical failure.
Keep in mind that the manufacturer or maintenance company usually only holds a certain percentage of fault, not all of it.
Commercial Vs. Non-Commercial Auto Accident Claims
Before you move forward with filing your claim, you need to remember that this has to be a commercial auto accident claim. Delivery trucks are classified as commercial vehicles, which can make these types of claims a bit more complex.
For example, commercial entities may be liable for the accident and are usually subject to specific commercial vehicle regulations. And while commercial claims can result in a larger settlement, they can also take longer to resolve.
That is why it is strongly recommended that you get the help of a Camas personal injury attorney before moving forward with your claim. An attorney can help you track down critical pieces of evidence as well as negotiate on your behalf.
How to Effectively Prove Liability
Because commercial truck accident claims can come with challenges, you need to go above and beyond when proving liability. Doing so will help to clearly establish who was at fault for the accident and the types of damages you sustained.
Here are some examples of the types of evidence you should collect and provide with your truck accident claim:
- The police report
- Medical bills, diagnosis, or treatment costs
- Photos and video footage of the damages
- Vehicle data
- Delivery company and driver files
- Maintenance and loading logs
- Expert testimony
- Witness statements
If you were seriously injured or are having a hard time accessing this evidence, your attorney can help you.
Hire an Experienced Auto Accident Attorney at Henderson Taylor Law Firm
Delivery truck crashes in Camas, WA, can come with serious repercussions that may even be life-altering. At best, you’ll walk away with a few scrapes and some property damage, while at worst, you could sustain serious bodily injuries.
At Henderson Taylor Law Firm, our experienced truck accident lawyers are committed to defending the downtrodden and helping victims of commercial vehicle accidents. For expert legal representation from one of our attorneys, contact us today at 360-737-1478 or fill out our online form.
FAQ Section
Can I sue the delivery company or just the driver?
You can sue either the delivery driver or the company individually or together if they both hold a percentage of fault for the accident.
Are delivery drivers held to different legal standards?
Not necessarily, as it is usually the delivery company that has to follow specific legal standards and regulations. However, delivery drivers are still expected to maintain safe driving practices at all times.