Albuquerque Delivery Truck Accident Lawyers

Who Is Liable in a Delivery Truck Accident?

The circumstances surrounding your delivery truck accident will determine who you file your claim against. In some cases, this could be multiple parties, which is another reason that it is crucial to have experienced delivery truck lawyers to help you through the process.

One downside to the booming online retail infrastructure is the influx of delivery trucks on the road, which can result in a greater chance of accidents. Likewise, this means an increased demand for drivers who may or may not be experienced, a heightened obligation for employers to properly train their drivers, and sufficient dedicated personnel to ensure vehicles are properly maintained.

The Delivery Business

There are several large delivery companies across the county. Some popular companies that you may have heard of include:

• United Parcel Service (UPS)—27 million packages a day,
• The United States Postal Service —23.8 million packages a day,
• FedEx—9.9 million packages a day, and
• Amazon—1.6 million packages per day.

There are also countless trucking lines that deliver packages across the country as well as shippers who are specific to a single retailer such as Walmart or Shipt (a subsidiary of Target). If you are in an accident with a delivery vehicle, these companies may often be held liable for the damage caused by their negligent driver.

Independent Contractors

Some delivery drivers work as independent contractors. The most notable case is Amazon. Some Amazon drivers use their own personal vehicles to make last-mile deliveries and are not considered actual employees of Amazon. UPS has a similar service for personal vehicle package drivers.

These are generally not large commercial vehicles, but it is important to note that the driver’s employment status will affect how you file your claim and who you file it against. If an independent contractor caused the collision, you may need to file a claim against the driver and not the company they were working for.

Other Parties

Depending on the circumstances of your accident, the fault may belong to a number of other parties as well. For example, if the delivery truck experienced a mechanical failure due to a defective part, the parts manufacturer may be held liable for the accident. Some other potentially liable parties could include:

• The truck leasing company,
• Mechanic responsible for vehicle maintenance,
• A third-party cargo loader, and
• The public entity responsible for maintaining the roadway.

It is important that your delivery truck attorneys conduct a thorough investigation to understand exactly what happened in your accident so you know who to bring your claim against. This can impact both your ability to win your case and how much compensation you are eligible to receive.

Can I File a Lawsuit For a Delivery Truck Accident?

Most vehicle accidents start as an insurance claim. New Mexico is an “at-fault” state, which means that the person or party who caused the accident will be held responsible for the damages caused.

Insurance companies are not known for willingly issuing significant settlements. It is a good idea to have experienced delivery truck accident attorneys negotiate on your behalf. Once you legally accept a settlement offer, you cannot go back and ask for more, so it is important that you have someone to help you fight for the compensation you deserve.

If a fair settlement cannot be agreed upon, the insurance policy does not cover the damages, or there is a disagreement over fault, you may be best served by filing a lawsuit. Your delivery truck attorneys should help you make that decision.

Compensation For a Delivery Truck Accident

If you sustained serious injuries in a delivery truck accident because of someone else’s negligence, they are responsible for the financial, physical, mental, and emotional hardships you now face as a result of the accident.

This may include compensation for past and future medical expenses, physical therapy, ongoing treatment, lost wages and earning potential, pain and suffering, post-traumatic stress, and depression. Every situation is unique, and your delivery truck accident attorneys can help you thoroughly evaluate your case and give you an idea of what it may be worth.

Contact Experienced Delivery Truck Accident Attorneys

At Tawney, Acosta & Chapparo L.P., we know that delivery truck accident injuries often result in tremendous consequences for the victim. We dedicate much of our legal practice to cases involving commercial trucks. We know what to expect from big trucking companies and their insurers and are willing to negotiate or litigate on your behalf.

Our goal is to obtain maximum compensation for your injuries while allowing you the space to heal and move forward without the stress that often accompanies legal action. We are happy to gather evidence to support your case and work with doctors to ensure you receive proper treatment.

With decades of combined experience, our truck accident attorneys always fight aggressively for our clients’ physical, emotional, and financial well-being. To schedule a free, no-obligation consultation, please contact us today.