Delivery Vehicle Accidents
Commercial vehicle operators, such as truckers and delivery drivers, are often under pressure to stay on a tight schedule. While this may be good for business, it can be extremely dangerous to others on the road, including motorists, cyclists, and pedestrians. If you or a loved one has been hurt in a delivery vehicle accident caused by the careless or reckless conduct of a delivery vehicle driver or another professional operator, the Pembroke Pines truck accident attorneys at Cohn & Smith can help you take legal action. We can aggressively advocate for your rights as you seek compensation for your injuries or a loved one’s wrongful death.Holding a Driver or Delivery Company Accountable for a Delivery Vehicle Accident
Accidents involving delivery vehicles are usually litigated according to the law of negligence, as are other motor vehicle collision cases. In order to prove a claim of negligence, a plaintiff must show that the defendant owed a legal duty of care, the duty was breached, there was a causal connection from the breach to the accident, and the plaintiff was forced to sustain damages.
If the plaintiff’s primary theory of liability is that the driver’s negligent conduct caused the crash, the driver will be most likely be a defendant. The company that employed the driver may also be named as a defendant through the doctrine of respondeat superior (vicarious liability), which makes an employer liable for the careless driving of an employee who was acting in the scope of the job. Some common accident scenarios involving delivery vehicle driver negligence include:
- Disregarding traffic control devices, such as red lights and stop signs;
- Failing to yield;
- Driving while distracted, such as by texting, GPS navigation, or other use of electronics;
- Driving under the influence of alcohol or drugs; or
- Failing to account for blind spots in a panel-type vehicle.
In addition to a vicarious liability claim against a negligent driver’s employer, the plaintiff may also have a direct liability claim due to issues such as improper hiring or retention, faulty maintenance or cargo loading, policies encouraging speed over safety, and so on. A skillful accident attorney can explore many different theories of liability in an effort to maximize the ultimate monetary recovery of the injured person or a deceased accident victim’s family.
When determining the compensation award in a personal injury case, many factors may be taken into consideration. These include pecuniary losses, such as a plaintiff’s past and future medical expenses, property damage, and loss of earning capacity, as well as non-pecuniary damages like pain and suffering and loss of spousal consortium. In wrongful death cases, items such as funeral expenses and lost net earnings to the decedent’s estate may also be included. In cases of particularly egregious conduct by a defendant driver or company, a plaintiff may also pursue punitive damages, although these are not common.Discuss Your Truck Accident Case with a Pembroke Pines Attorney
Many complicated issues may arise in a lawsuit involving a delivery vehicle accident. The knowledgeable Pembroke Pines lawyers at Cohn & Smith can help you navigate these matters. To schedule a free consultation, call us today at (954) 431-8100 or contact us online and ask for an appointment. No legal fees are charged unless we recover compensation for you. Our motor vehicle collision attorneys serve all of South Florida, including Fort Lauderdale, Hollywood, Davie, Weston, Sunrise, Tamarac, Coral Springs, Aventura, Pompano Beach, and communities throughout North Dade County.