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Can I Get Compensation If a Delivery Truck Hits Me?

Recent years have shown an increase in the number of delivery trucks on the road. People are migrating toward online shopping, having orders from restaurants, grocery stores, box stores, and retail giants delivered daily. Delivery trucks bring your U.S. Mail, and couriers may transport important documents.

Along with this upswing in home deliveries comes the higher risk of a delivery truck hitting you. If that happens, you can usually seek compensation from the party responsible. Some factors complicate things, however.

Delivery truck accidents can injure other drivers, passengers, cyclists, and pedestrians. Many people injured in accidents seek legal assistance to help them with their claims. Fielding Law has been helping injured accident victims since 1990, and we want to help you too.

What Should You Do After a Delivery Truck Accident?

You’ll probably be rattled and may have injuries after a collision, but there are several things you should do at the scene.

Assess Injuries

You may not be the only person injured in the collision. If you’re able, check on others and offer aid.

Dial 911

You may think someone else has already called the police, but you should also contact them. You may have different information to provide, such as the number and nature of injuries.

When speaking to the officer who responds to your accident, it’s crucial that you don’t admit to any fault. Investigators and your attorney will determine fault later, but your statement might hurt your claim.

Use Your Phone

Your accident claim and possible lawsuit will use many kinds of evidence to determine fault and the amount of compensation you can obtain. Your phone is an invaluable tool for gathering first-hand evidence. Take photos or videos of pertinent details, including:

  • Various injuries
  • Vehicle positions and damage
  • Road conditions or obstacles that contributed to causing the accident
  • Witness statements
  • Your recollection of the events leading up to your accident
  • Skid marks
  • Weather and light conditions

Accept Medical Attention

Your health is the most important reason for allowing a medical exam after an accident. Trained medical personnel may spot injuries that aren’t apparent, possibly saving your life.

The report describing your medical condition and the severity of your injuries immediately after you receive them is an essential piece of evidence to support your personal injury claim. Opposing insurance companies or attorneys may attempt to claim that the accident didn’t cause your injuries or that they aren’t as severe as you say they are.

Contact a Delivery Truck Accident Attorney

You will benefit from the legal advice an attorney will provide. Even if you don’t hire them, the lawyer you speak to can assess your case, give you options, and tell you about things you might do that could damage your claim and chances of obtaining compensation.

What Shouldn’t You Do After Your Accident?

Investigators will examine many things when they look into your claim, and they can use certain things against you. Don’t:

  • Admit to any degree of fault
  • Post on social media
  • Discontinue recommended medical treatments
  • Sign anything without your lawyer’s approval
  • Speak to insurance companies without your attorney’s presence or advice

Doing any of these things may reduce the amount of compensation you can obtain or prevent you from being able to make a claim at all.

What Might Complicate Your Delivery Truck Accident Claim?

We mentioned that delivery truck accidents in Mesquite, TX, can become complicated. Texas is an at-fault state, so no-fault insurance issues aren’t a factor. A few other states, including Utah, are no-fault states, and cases there are even more complex.

Governmental Involvement

Various government entities own and operate delivery trucks and can contract with third parties to make deliveries. Poorly maintained roads can cause wrecks, and the government agency responsible for road upkeep can be held accountable.

When accident claims involve any form of government, different rules apply. Your claim will likely be more successful if you hire a delivery truck accident attorney.

Modified Comparative Fault Law

Texas uses modified comparative fault with a 50% bar in delivery truck accidents. If you are more than 50% responsible for causing a collision, you can’t receive any compensation for your damages. Your attorney will work to prevent unfair blame from being assigned to you.

Responsible Parties

Determining who is at fault in any accident is one of the first things that happens in an investigation. In most car accidents, the driver also owns the auto. Delivery trucks present the possibility of more than one party being responsible for the truck’s actions, including:

  • The driver
  • The government entity, person, leasing company, or private company the truck belongs to
  • Auto parts manufacturers
  • The cargo’s owner or loader
  • Third parties
  • Vehicle maintenance provider

A lot of finger-pointing generally happens in these cases, with no one wanting to admit their responsibility and liability.

Underinsured or Uninsured Trucks

If the driver or other responsible party doesn’t have insurance or their coverage is minimal, getting the compensation you deserve can be difficult.

Do You Need a Delivery Truck Accident Attorney?

You need to concentrate on recovery if you’ve been injured in a delivery truck accident. Preparing an accident claim or lawsuit takes time, how-to knowledge, and effort you likely don’t have. Hiring a competent lawyer can give you peace of mind knowing that someone is working on your behalf to obtain compensation from the guilty party or parties.

Valuable Assistance

In addition to providing you with legal advice throughout the claims process, your attorney can do many other things on your behalf:

  • Investigate the cause of your accident
  • Gather evidence to prove the other party’s fault and your innocence
  • File paperwork and claims
  • Speak to insurance company representatives
  • Negotiate a fair settlement
  • Take your case to court

You’d need to accomplish these tasks on your own without an attorney.

Know-How

Most people aren’t familiar with and don’t understand the intricacies of delivery truck accident cases. Fielding Law knows the laws, procedures, insurance company tactics, the kinds of evidence you’ll need, and how to find it. We also have the resources to represent you successfully.

Compensation

Those who hire an attorney to represent them in personal injury claims typically receive significantly more compensation than people who file their claims themselves.

Confidence

During the settlement negotiation process, you’ll usually have the choice to accept or reject multiple offers from the insurance companies involved. Having a lawyer on your side to handle the negotiations can make you more confident in your decision-making because attorneys know how much your claim is worth.

Most accident claims settle without a trial. However, taking your case to court is sometimes in your best interests. You probably won’t be confident about a court case without a lawyer’s input and participation. Your attorney won’t suggest litigation unless the situation warrants it.

Why Choose Fielding Law?

We know you have a choice when looking for an attorney, but Fielding Law stands out from the crowd. We focus solely on personal injury cases, so we thoroughly understand what they entail. Although we are a large firm, you’ll receive personal attention. You’ll have direct access to a licensed attorney, and we’ll provide answers to your questions promptly. We’ll put our vast resources to work for you.

Contact us 24/7 to request your free case evaluation. Call (877) 880-4090, submit our contact form, or reach out via live chat.