Delivery vehicle accident claims in Alabama are complex. Many delivery companies try to claim their truck drivers are independent contractors to avoid liability after a truck crash. If you’ve been injured, you need an experienced lawyer who knows the types of evidence to seek to build a strong truck accident case.
If you are the victim of a delivery vehicle collision in Alabama, you need an experienced truck accident lawyer to stand up for your rights and demand just compensation for you. Contact Attorney Aaron Gartlan at Gartlan Injury Law for a free consultation.
What Is a ‘Delivery Vehicle Accident’ in Alabama?
“Delivery vehicle” is a broad term for numerous types of vehicles that haul packages and materials from one place to another. Delivery vehicles can be:
- Box truck and step vans: Amazon DSPs, FedEx Ground, and UPS use mid-sized vehicles for residential and urban deliveries across the country.
- Personal vehicles: The gig economy has created demand for more delivery drivers and seasonal delivery drivers during certain times of the year. Many people use their own personal vehicles to deliver food and packages for GrubHub, DoorDash, Instacart, Amazon Flex, and others.
- Large freight trucks (18-wheelers, semi trucks, and tractor-trailers): These large commercial motor vehicles are often operated by mammoth companies like FedEx or UPS to transport packages.
Accident victims may have a right to seek just compensation for delivery vehicle accidents.
What Are Common Causes of Alabama Delivery Vehicle Crashes?
Delivery truck accidents involve a wide range of circumstances. Some of the most frequent causes of Alabama delivery collisions include:
- Distracted driving: Drivers who focus on delivery apps, navigation systems, or cell phones while behind the wheel put themselves and others at risk of car accidents and truck collisions.
- Impaired driving: Delivery drivers who are driving while under the influence of drugs or alcohol have reduced judgment and reaction times.
- Insufficient training: Many delivery drivers lack training or experience in operating step vans, sprinter vans, and box trucks. Not knowing how to handle a behemoth vehicle in crises leads to catastrophic results.
- Unrealistic quotas or deadlines: Many companies make unrealistic delivery deadline demands on their drivers, requiring a specific number of deliveries or a set number of miles before the route is complete. Unreasonable deadlines can lead to speeding, aggressive driving, and other irresponsible driver behaviors.
- Fatigue: Delivery drivers may experience driver fatigue trying to meet unrealistic deadlines. They may spend extra hours behind the wheel during peak delivery seasons. The Federal Motor Carrier Safety Administration has hours-of-service rules that limit the number of hours interstate commercial drivers may remain behind the wheel without taking rest breaks. Fatigue contributes to many commercial vehicle accidents.
- Poor vehicle maintenance: Ignoring required maintenance schedules for lighting, brakes, tires, or steering systems can lead to mechanical failures.
Who Could Be At Fault in a Delivery Truck Accident?
There may be multiple parties at fault for a delivery truck accident. Before you can file a truck accident claim, you need a lawyer who can determine the liable party or parties and identify the insurance policies available to provide compensation. Potentially responsible parties may include:
- The delivery driver
- The delivery driver’s employer
- Third-party delivery company
- Another motorist
- Cargo loader
- Vehicle manufacturer, if one of the components failed and caused the crash
- Maintenance provider
What Does Vicarious Liability Mean in Delivery Vehicle Accident Cases?
Under Alabama law (Code § 25-6-1), an employer has vicarious liability for the actions of its agent. In a delivery vehicle accident case, if the driver was working for the employer at the time of the crash, the employer may be held liable for injuries caused by the driver’s negligence. However, if the driver knew of a vehicle defect that caused the accident and failed to report it to the employer, the employer is not responsible.
The complication is that some delivery companies insist their drivers are independent contractors. An employer is not liable for the actions of an independent contractor. For example, Amazon contracts with Delivery Service Partners (DPS), which hires the drivers who deliver for Amazon. Other delivery companies, such as FedEx and UPS, have structured their companies so that few drivers are classified as employees. Accident victims injured in crashes involving commercial trucks and delivery vehicles need experienced personal injury lawyers to handle their case.
Whose Insurance Will Cover Your Losses in a Delivery Vehicle Crash?
If you sustain serious injuries in a delivery vehicle accident, you may have significant medical bills. It’s reasonable to wonder whose insurance company will pay. You may get compensation from:
- The at-fault driver’s insurance policy
- The employer trucking company’s insurance policy or its self-insurance fund
- The DSP’s insurance policy
- A third-party insurer if another driver contributed to the accident
- Your own insurance policy if you purchased collision coverage
What Damages Could You Recover After a Delivery Vehicle Collision?
If you file a truck accident lawsuit, you may have a right to pursue compensation for the following accident-related costs:
- Medical expenses
- Lost wages
- Lost future income
- Pain and suffering
- Loss of enjoyment of life
- PTSD
- Anxiety
- Property repair or replacement
However, under Alabama law, if you are found to be partly responsible for the accident, you are not allowed to recover compensation.
Does Alabama Have a Time Limit for Filing a Delivery Vehicle Accident Claim?
Yes. Alabama law allows an injured person two years from the date of the accident to file a lawsuit against the party that caused their injuries in a delivery vehicle accident. If you file your lawsuit after the deadline has expired, the court may dismiss your case without hearing it. You will lose your chance to seek justice in court.
The time required to investigate and prepare a truck accident lawsuit makes it crucial to seek an experienced attorney’s guidance right away.
Contact an Alabama Truck Accident Lawyer
If you’ve been hurt in an accident with a delivery vehicle, you need an experienced truck accident lawyer. Don’t Google “delivery vehicle accident lawyer near me.” Instead, contact the experienced truck accident attorneys at Gartlan Injury Law. Our legal team focuses on providing outstanding legal services to our clients. We’ll keep you up to date on the progress of your case and answer all your questions. We’ve obtained millions of dollars for our clients.
Our clients have high praise for us, too: “I have used the Gartlan Injury Law a few times and never once have they made me feel like I was just another client. Instead, they treated me as if I were family and treated my case as if it were their own…I would recommend this law firm to anyone needing any kind of legal advice or services. They are prompt with responses to your calls and emails as well as in person meetings. They are lawyers who truly care about the cases that they take on.” — TB
Don’t wait. Contact us today for a free case evaluation. Let’s discuss how Gartlan Injury Law can become a champion for you.
