Delivery truck accidents are common and generally the result of a worker trying to do their job too quickly and not paying attention to unknown surroundings. Whether it is a courier vehicle, a package delivery service, the postal service, or a dump truck, the drivers are always on a tight schedule. While rushing is no excuse for lack of attention, it is frequently the cause of collisions involving delivery trucks.

How a Truck Accident Attorney Can Help

When a driver gets behind the wheel of a commercial vehicle, the company they are delivering for is equally responsible for the driver’s actions. When delivery truck accidents occur, we do a thorough investigation. We look into the driver’s schedules, logbooks, maintenance records, and interview all witnesses. The truck accident attorneys at Goldblatt + Singer, the St. Louis Injury Law Firm, will tenaciously pursue compensation from the trucking company, the driver, or both.

As these cases are never black and white, we will explore the gray areas to ensure you get the compensation you are entitled to for your injuries and damages.

Who is Responsible for a Delivery Truck Accident?

Depending on the particulars of the accident, there may be one or more responsible parties, including:

The truck’s driver.
The company the driver works for.
The truck’s owner, who may or may not be the driver.
The company that leased the truck if it was rented out.
The truck’s manufacturer or the company that made a faulty component.
The person or company responsible for loading cargo onto the truck.

If you think that it may be complicated to sort out what happened and who was at fault, you’re right. That’s why we have a dedicated team of investigators at Goldblatt + Singer, the St. Louis Injury Law Firm, who will look into every aspect of your accident and uncover as much evidence as possible to build a strong case.

Seeking Compensation for a Delivery Truck Accident

Once we determine who the responsible party or parties are, we will either file a claim with the relevant insurance company or file a lawsuit against the entity responsible. Most commercial trucks are owned or rented by businesses that carry liability insurance for these situations, so there is sufficient insurance coverage for a truck accident claim in most cases. However, if your injuries were severe, and your damages exceed the insurance policy limit, we may pursue the trucking company for the remaining damages.

Can You Sue the Driver if They Were Responsible?

Yes, but this is probably not the best way to collect damages. The company the driver works for, or the company’s insurance carrier will likely be in a better position to pay your claim. Missouri laws also allow you to sue an employer for their employee’s actions in some situations.

Respondeat Superior and Negligent Hiring

“Respondeat Superior” is a legal concept that means an employer can be considered responsible for negligent acts of their employees if they meet specific criteria:

The employee was working for their employer at the time of the negligent act – in this case, negligent driving that led to your accident.
The injury was caused by something the employee would normally do for the employer, such as driving a truck to deliver products.
The employer benefitted from the employee driving the truck or taking some other action that caused an injury.

Often the employer will use one of the following defenses to argue that they were not responsible for the employee’s actions:

The employee was not an employee but an independent contractor. This is one reason why ride-share companies don’t usually deal with lawsuits about accidents caused by their drivers – they only use independent contractors. (They also usually have robust liability policies that apply when the driver is carrying a fare.)
The employee deviated from their route or did something the employer didn’t ask them to do. For example, if the delivery truck driver decided to make a side trip to pick up their dry cleaning, and that’s when they hit you, their employer could argue they weren’t responsible for this trip.
The employee’s mistakes weren’t negligent acts that happened during their employment, but were intentional, criminal acts, such as the driver running into your car on purpose for some reason.

You may also be able to sue for negligent hiring. Companies are expected to screen potential employees, particularly those driving vehicles for the company, for criminal and driving offenses. They are also responsible for properly training their employees. If the business failed to do one of these things, it may have been negligent.

Contact Goldblatt + Singer To Handle Your Case

Since 1949, the lawyers at Goldblatt + Singer, the St. Louis Injury Law Firm, have helped clients recover over $400 million in compensation. Contact us today for a free consultation, and remember – we work on a contingency fee basis, so you will only be charged if we successfully recover compensation for you.