The rise of online shopping has led to an exponential increase in delivery trucks on our roads. These vehicles, ranging from small vans to large commercial trucks, are making more frequent stops and covering greater distances than ever before. When an accident occurs involving a delivery truck, the aftermath can be different from a typical car accident. Multiple parties may share liability, insurance issues can become complicated, and the claims process often involves corporate entities rather than individual drivers. What happens after these crashes?
Who Is Liable When a Delivery Truck Causes an Accident?
Liability in delivery truck accidents often extends beyond the driver. The trucking company, vehicle owner, and even third-party logistics companies may share responsibility. If the driver was working within the scope of employment when the accident occurred, the employer typically bears liability under the respondeat superior doctrine. However, independent contractors present different liability questions that depend on the level of control the company exercises over the driver. Maintenance companies may also face liability if vehicle defects contributed to the crash.
What Should I Do Immediately After an Accident?
Call 911 to report the accident and request medical assistance for anyone injured. Obtain the driver’s information, company name, vehicle identification number, insurance details, and document the scene with photographs of vehicle damage, road conditions, traffic signals, and any visible injuries. Collect contact information from witnesses who saw the accident occur, if anyone is available. Report the accident to your insurance company, but do not admit blame, elaborate on details, or agree to recorded statements.
Can I Recover Compensation for My Injuries and Damages?
Claimants may be eligible to recover compensation for medical expenses, lost wages, property damage, pain and suffering, and permanent disabilities. The amount depends on injury severity, treatment duration, impact on earning capacity, and degree of fault. Pennsylvania follows a “modified comparative negligence” rule, meaning you can recover damages if you are less than 51% at fault. Your compensation will be reduced by your percentage of fault if it is 50% or less.
What Evidence Can Prove Liability in an Accident?
Key evidence in these claims includes police reports, witness statements, and photographs or footage documenting the accident scene and vehicle damage. Electronic logging devices track driver hours and may reveal violations of mandatory rest requirements, while delivery schedules can demonstrate whether time pressures contributed to unsafe driving. Vehicle maintenance records show whether the truck received proper inspections, and black box data captures critical information about speed, braking, and other operations.
How Long Do I Have to File a Claim?
Pennsylvania law imposes a two-year “statute of limitations” for personal injury claims arising from motor vehicle accidents. This deadline begins on the accident date. Missing this deadline typically results in you losing your right to pursue compensation through the courts. However, certain circumstances may extend or shorten this timeframe. Starting the claims process promptly allows adequate time for investigation, evidence gathering, and negotiation before the deadline expires.
Our Experienced Chester County Car Accident Lawyers at Eckell Sparks Can Help You Pursue Justice After a Crash With a Delivery Truck
If you suffered injuries or property damage caused by a delivery truck, contact our Chester County car accident lawyers at Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. For an initial consultation, call us today at 610-565-3700 or complete our online form. With office locations in Media and West Chester, Pennsylvania, we proudly serve clients in the surrounding areas.