It is a unique time in history when nearly anything you can imagine can be shipped directly to your door. Businesses and customers depend on delivery services more than ever, and as the number of delivery trucks on the road increases, so does the likelihood of accidents.
If you have been injured in an accident with a delivery truck, you may not be sure where to turn. You’re hurt, you can’t work, and your bills are mounting, but it is hard to know who is responsible. Our Kansas City delivery truck accident lawyers can help.
At Foster Wallace, our Kansas City truck accident lawyers have recovered over $1 billion in settlements, jury awards, and judgments for injured accident victims like you. Call today to schedule a free consultation and tell us your story.
How an Attorney Can Help
It is rarely a good idea to handle an accident claim on your own. You’ll be dealing with powerful insurance companies that aren’t looking out for your best interests. You need an ally who knows the law and understands how to get you the compensation you need.
Our Kansas City personal injury lawyers can help with many aspects of your claim. You can rest easy knowing your case is handled correctly, and you can focus on healing. While every accident is unique, some of the ways we can help include:
- Explaining your rights and legal options
- Helping you avoid many of the common mistakes that can reduce your chances of getting the money you need
- Handling paperwork and ensuring you meet important deadlines
- Investigating your case and identifying liable parties
- Assessing your damages and calculating your maximum compensation
- Interacting with insurance companies, including negotiating for a fair settlement on your behalf
- If need be, filing a civil suit on your behalf and representing you in court
We bill on a contingency fee arrangement, meaning you don’t pay anything until we win your case. Then, we’ll deduct our costs from your settlement or award. If we don’t win, you don’t pay.
What Is a Delivery Truck Accident Worth?
It isn’t possible to estimate your case’s worth without a thorough review. Your Kansas City delivery truck accident attorney will assess your damages and arrive at a fair compensation number that will meet your needs.
Depending on the specifics of your case, we may consider economic damages such as:
- Your medical expenses due to the accident and your injuries
- Lost wages for the time you are unable to attend your job
- Expected future medical costs
- Property damage
- Future employment issues
In some circumstances, you may recover non-economic damages such as pain and suffering, loss of enjoyment of life, and mental anguish.
Contact our Kansas city personal injury lawyers now.
Who Is Liable in a Delivery Truck Accident?
Because of the way some delivery service companies handle their staffing needs, it is sometimes hard to know who is responsible in an accident. While the company owns the business, it may not own the trucks, and the driver may not be an employee.
Some possible situations include:
- The delivery company may employ the drivers and also own the trucks
- The company may own the trucks, but the drivers are independent contractors and not employees
- The delivery company may own the trucks, but their drivers are a combination of employees and contractors
- The company uses independent contractors who are responsible for owning and maintaining their personal trucks
Your delivery truck accident lawyer in Kansas City, MO will need to unravel the specifics of the relationship between the driver and the company to understand which insurance companies will be involved and who is responsible.
Investigating the Accident
Your attorney will investigate the accident to understand how events unfolded and who is responsible for your injuries. We may review police reports, speak with witnesses, or examine other evidence. Some of the liable parties in a delivery truck accident may be:
- Delivery Truck Driver: Some situations where the driver is liable are if they were speeding or driving recklessly, ignored traffic laws, or were under the influence of drugs or alcohol.
- Delivery Company: The company could share the blame if they did not train new drivers correctly, had poor hiring practices, or imposed unsafe requirements on their employees.
- Another Motorist: If another driver’s actions caused the accident, they may be fully or partially liable for your damages.
- Maintenance Company: If the delivery company relies on a mechanic or maintenance company to service its trucks, the mechanic may be liable if they allow an unsafe truck on the road.
- Shipper: If another organization loaded the delivery truck and an uneven or unsecured load caused the accident, they could be fully or partly liable.
What if You Are at Fault for the Accident?
If your actions contributed to the accident, that doesn’t necessarily mean you can’t recover compensation. Missouri operates under a pure comparative negligence system. You can recover compensation based on your percentage of responsibility for the accident.
If you are deemed 30% at fault, you can only recover 70% of what you would have been entitled to. That’s helpful in cases where you may share some of the blame for how an accident occurred, but there are downsides.
An insurance company may utilize comparative negligence to diminish your compensation, asserting that you were partially at fault when you were not. A court would need to assess the percentage of fault attributable to each party.
Contact a Delivery Truck Accident Lawyer in Kansas City
Employee turnover and the rising need for more trucks on the road mean a greater possibility of unqualified drivers behind the wheel of delivery trucks. If one of them hits you, you deserve compensation for your physical, psychological, and financial hardships.
Getting compensation after a crash with a delivery truck means evaluating the facts to determine who is liable and dealing with insurance companies who aren’t eager to come to your rescue. Our Kansas City delivery truck accident attorneys can help you through it.
Our team at Foster Wallace advocates for accident victims to help them find a path to a better future. Contact us today for a free consultation and discover what we can do for you.
