Understanding Liability in a Delivery Truck AccidentSharing the roads with vehicles of all different shapes and sizes comes with its fair share of risks and dangers, especially since those vehicles are driven by people. People, who also come in all shapes and sizes, are prone to judgement errors, careless mistakes, and rage-induced malice, amongst other things. The combination of people and the large, speeding vehicles they control can lead to a wide array of things that can, and do, go wrong. While, thankfully, many vehicle accidents are fender-benders or other minor collisions with no major injuries, there are plenty of accidents that happen every day with much more tragic results.

The chances of this happening increase drastically when one of the vehicles involved happens to be a truck. Their large size and off-center of gravity, along with any hazardous materials they may be carrying, makes them an incredibly dangerous factor in any accident. If the truck in question is a delivery vehicle, though, finding and holding the right party responsible for your truck accident may be more complicated than you may think, but it is still essential for you in order to get the damages you are owed.

What are the causes of delivery truck accidents?

With the expansion of deliver services, accident with delivery truck driver happen every day for a myriad of reasons; however, there are common causes of truck accidents you should know and understand in the event of an accident:

  • Driver distraction, referring to either driver partaking in an activity that distracts them from driving. This could be texting, eating, fiddling with the radio, looking out the window, or any other number of things. While this issue is not unique to truck drivers, it is more dangerous when they indulge in it.
  • Driver fatigue, which is common considering just how long truckers can be on the roads. Even though there are federal regulations to force truckers to rest after a certain number of hours, this cannot always be enforced. Tired drivers are likelier to make mistakes.
  • Poor maintenance or inspection of the truck, causing a problem to go unnoticed until it is too late.
  • Overloaded trucks, which are at greater risk of flipping over and/or failing to stop when needed.

After a truck accident that wasn’t your fault, whether it is listed above or not, there is someone to hold liable. Once the reason behind the accident is determined, finding the responsible party becomes a bit clearer with the help of a strong Sevierville personal injury attorney.

Who is liable for a delivery truck accident?

There may be multiple parties to hold liable in your delivery truck accident case, and Tennessee law is built to allow for this. We are a comparative negligence state, meaning that percentages of blame are assigned to every party involved in an accident. Because delivery trucks can be owned by all different entities, this means that proper legal representation could secure you damages from multiple avenues. But how, exactly, is liability decided on in Tennessee court?

First, your attorney must work to identify what type of truck driver was involved. Owner-operators own the trucks they drive, for example, like independent contractors. Company drivers only drive trucks from their specific company. Independent owner-operators also own the trucks they drive, but they do it for their own company rather than for hire to another. All this is to say that, depending on which category the trucker in question falls under, possible liable parties include the driver, their company, the parts manufacturer of the truck (in the event a defective part caused your accident), and/or the shipping distributor they work for.

But even with those questions answered, there could still be more. There can be an incredibly complex tapestry of franchises, companies, ride-share apps, and even the federal government if the delivery truck in question was, for example, for the US Postal Service. When you have been injured in a truck accident, worrying about detangling that tapestry should be the very least of your worries. That is why hiring a personal injury attorney who can do the busywork and make sure you are not taken advantage of is an essential part of helping you recover.

The truck accident attorneys at Delius & McKenzie, PLLC have years of experience fighting back against insurance companies and delivery services that do not want to pay for their employees’ — or their own — negligence. We know how to navigate the legal system while keeping you in the loop every step of the way, so you can trust the service we provide. We are ready to represent you or your loved one anywhere in our beautiful state, with offices in Gatlinburg, Kingsport, Seymour, Sevierville, Bristol, Johnson City, and Greeneville. If you are ready to secure the damages you deserve, call us today at 865-428-8780 or use our contact form.