I Was Hit by a Delivery Truck: What Are My Legal Options?
With the high number of delivery trucks on the road, it’s no surprise that truck accidents occur in Winter Haven, Lakeland, Tampa, FL, and surrounding areas. If fault in the accident lies with the delivery truck in any capacity, you may wish to file a personal injury or wrongful death lawsuit. At Moody Law, we can review your delivery truck accident case to determine legal liability and whether you should file a lawsuit.
Who Is At Fault?
In 2023, Florida became a modified comparative negligence state. People cannot collect compensation if they are determined to be more than 50% responsible for their own injuries. If they are found to be less than 50% responsible, compensation can be recovered. However, the plaintiff will only be awarded the proportion of compensation according to the percentage of fault for the accident.
Negligence in Delivery Truck Accident Cases
There are a number of reasons why negligence may play a role in delivery truck accidents. Some include:
- Driving aggressively
- Being under the influence of alcohol or drugs
- Changing lanes without checking to make sure that you have the right of way
- Backing into something without checking the right of way
- Hitting a pedestrian
- Failure to maintain the vehicle
- Defective truck parts
Who May Be Liable
When our attorneys review your case, we will determine if one or more of the following were at-fault for your accident.
The Delivery Truck Company
Major delivery companies such as Fed-Ex, UPS, DHL, and Amazon deliver packages at an extremely high volume. When a truck owned by these companies is involved in an accident, it is common to name the delivery truck company in the suit. Reasons may include hiring an unqualified worker, improper training, not properly maintaining the delivery truck, and more.
When a delivery truck is owned by an employer, whether it be a grocery store chain or florist, the employer can be held liable for the accident, just like the major delivery truck companies.
The driver may also be named in the lawsuit if they were driving in a negligent manner. For example, if the delivery truck driver was driving under the influence, they could be named in the suit.
Should I Accept a Settlement Offer?
When we file a lawsuit against a delivery company or driver, we are attempting to obtain compensation from the liable party’s insurance carrier. Often, the attorneys for insurance companies offer low settlements, especially in the early stages of negotiation. Our attorneys can help you decide if you should take a settlement offer or if we should take the case to court.
Contact Moody Law
Knowing when to file a lawsuit due to a delivery truck accident doesn’t have to be difficult. The attorneys at Moody Law can review the facts of your case and determine if you are entitled to compensation. Contact Moody Law to speak with a lawyer about your case.