Delivery vehicles are everywhere in and around the Lexington area, and this is a trend that will likely not change anytime soon with the continual rise of online shopping. At Gary C. Johnson, P.S.C., our team is here to help if you need a Lexington delivery truck accident lawyer. We know that collisions with these vehicles happen all the time, and we also know that victims can struggle to recover compensation when aggressive insurance carriers and their legal teams get involved. We offer free consultations, and we have a track record of successfully handling complex vehicle accident claims throughout Kentucky.
Delivery Truck Accidents in Lexington – Why They Happen
Delivery trucks are essential to the modern economy, transporting goods to homes and businesses across Lexington. However, the high demand for fast delivery can lead to dangerous driving practices and increased risks on the road. As mentioned by our truck accident attorneys in Lexington, truck collisions can occur due to a variety of reasons, often due to the unique challenges these vehicles present.
- Driver Fatigue and Pressure. Delivery drivers are often under immense pressure to meet tight deadlines. Long hours on the road, combined with strict delivery schedules, can lead to driver fatigue.
- Distracted Driving. Delivery drivers may need to use GPS devices, communicate with dispatchers, or check their delivery routes while on the road. These distractions can divert a driver’s attention away from the task at hand.
- Improper Vehicle Maintenance. Delivery trucks cover long distances daily and require regular maintenance to operate safely. However, some companies may neglect necessary upkeep to save time or money, leading to mechanical failures such as brake malfunctions, tire blowouts, or steering issues that can cause accidents.
- Inadequate Training. Not all delivery truck drivers receive the proper training required to handle large vehicles, particularly in tough driving conditions such as heavy traffic or bad weather.
- Poor Weather Conditions. Lexington’s varying weather conditions, from heavy rain to icy roads, can exacerbate the risks associated with delivery trucks. These vehicles are more challenging to control under such conditions.
What Are Some Possible Liable Parties?
Determining liability in a delivery truck accident can be complex because multiple parties may share responsibility for the incident. Identifying any possible responsible party is crucial to ensuring that victims can recover the full amount of compensation they deserve. Some of the possible liable parties in a delivery truck accident include:
- The Delivery Truck Driver. If the driver was negligent—whether due to speeding, distracted driving, fatigue, or another reason—they could be held liable for the accident. Delivery vehicle drivers, just like everyone else, owe a duty to follow all traffic laws.
- The Delivery Company. Employers could be held liable for the actions of their employees under a legal theory known as “vicarious liability.” If the delivery driver was performing job-related duties at the time of the accident, the delivery company might be liable for any damages caused by the accident.
- The Truck Manufacturer or Maintenance Provider. If a defect in the truck or a failure in maintenance contributed to the accident, the manufacturer of the truck or the company responsible for its upkeep could be liable. This might involve defective parts, such as brakes or tires, or inadequate maintenance that led to a mechanical failure.
- Third-Party Drivers. Other drivers on the road may contribute to the accident. For example, a car that cuts off a delivery truck may cause the truck driver to take evasive action, leading to a collision. In such cases, the third-party driver could be partially liable.
Challenges When Determining Liability After a Delivery Truck Accident
Determining liability after a delivery truck accident can be tough due to the number of factors involved and the complexity of the laws governing commercial vehicles. Some of the challenges include:
- Multiple Parties Involved. As discussed, multiple parties could share responsibility for a delivery truck accident, making it difficult to determine who should be held accountable. Each party will likely have its own insurance company and legal team, all of whom may try to shift the blame onto others.
- Complex Insurance Policies. Commercial insurance policies for delivery trucks are often more complicated than standard auto insurance policies. These policies may have different coverage limits, exclusions, and conditions that can impact the outcome of a claim.
- Gathering Evidence. To prove liability, it is necessary to gather and preserve evidence from the scene of the collision, including photographs, witness statements, and police reports. Additionally, obtaining records from the delivery company, such as driver logs, maintenance records, and GPS data, may be essential.
- Regulatory Compliance. Delivery trucks are subject to various state and federal regulations, including those related to driver hours, vehicle maintenance, and cargo loading.
What Compensation Can Victims Recover After a Delivery Truck Collision?
Victims of delivery truck accidents in Lexington may be entitled to various forms of compensation, though the specific types and total awarded will depend on the circumstances of the accident and the severity of the injuries. Typically, our accident lawyers in Lexington can seek compensation for:
- Medical Expenses. This includes all costs for medical care needed after the accident, such as ER treatment, hospitalization, surgical care, physical therapy, and any necessary ongoing care. Compensation may also cover future medical expenses if the injuries require long-term treatment.
- Lost Wages and Loss of Earning Capacity. If the injuries from the accident have caused the victim to miss work, they may be entitled to compensation for the income they have lost. Additionally, if the injuries have permanently affected the victim’s ability to work, they may seek compensation for the loss of earning capacity.
- Property Damage. Victims can recover the cost of repairing or replacing their vehicle or any other personal property damaged in the accident.
- Pain and Suffering. It’s not uncommon for collision victims to experience emotional distress and physical pain caused by the accident. This can include compensation for chronic pain, anxiety, depression, and other long-term effects of the injuries.
- Loss of Enjoyment of Life. If the injuries have resulted in a diminished ability to engage in activities the victim once enjoyed, they may be entitled to compensation for this loss.
File Your Claim Promptly to Avoid Complications
In Kentucky, there are strict time limits for filing a personal injury claim after a delivery truck accident. According to the Kentucky Revised Statutes (KRS 304.39-230), you have one year from the date of the accident to file a lawsuit for personal injury. Speak to a Lexington injury lawyer to learn more.
Filing your claim promptly helps with:
- Preserving Evidence. The sooner you file your claim, the easier it will be to gather and preserve evidence, such as witness statements, accident scene photographs, and vehicle records. This evidence is critical to building a strong case.
- Avoiding Delays. Delaying your claim can result in complications, such as difficulty locating witnesses or retrieving records. It can also give the insurance company more time to develop a strategy to minimize your compensation.
- Protecting Your Legal Rights. If you miss the statute of limitations, you may lose your right to seek compensation entirely. Filing your claim promptly ensures that your legal rights are protected and that you have the best chance of recovering the compensation you deserve.
Call a Delivery Truck Accident Attorney in Lexington Today
If you have been harmed in a delivery vehicle accident in or around the Lexington area of Kentucky, I’ll reach out to the team at Gary C. Johnson, P.S.C. for help as soon as possible. We won’t hesitate to stand up for your rights against other drivers, insurance carriers, or legal teams. Our goal is to help you recover the compensation needed so you can move forward. When you need a Lexington delivery truck accident lawyer, contact us for a free consultation by filling out our contact form or calling us now at (866) 984-0133.
