What Are Your Rights If a Delivery Truck Hits Your Car?

If you were injured due to the negligence of a delivery truck driver, you have the right to seek compensation for the losses you’ve suffered. While it might seem straightforward to hold the delivery driver responsible, the legal process is often complex, especially when commercial vehicles are involved.

In Texas, the law follows a modified comparative fault system, which means that proving the other party’s negligence is key to securing compensation. However, large corporations often have robust legal defenses ready to challenge your claim, which is why seeking the guidance of Chaile Allen at The Law Firm of Chaile Allen is essential. 

Your Legal Rights If a Delivery Truck Hits Your Car 

If you’ve been injured in a delivery truck accident, your initial instinct may be to hold the delivery driver liable for the crash. To proceed with a legal claim, your lawyer must initiate an investigation into the accident to gather evidence, such as police reports, medical documentation, eyewitness statements, and traffic camera footage, to show the delivery driver breached a lawful duty of care.  

Texas follows a modified comparative fault system, making it essential to establish the other party’s fault for the accident. Under this rule, you can recover damages if you prove the other party’s negligence caused the accident. However, if multiple parties share responsibility, each is liable according to their percentage of fault. If you are found to be more than 50% responsible for the incident, you will not be entitled to any compensation.

Commercial vehicle drivers must carry insurance, and if you decide to sue the delivery driver, you will need to file a claim against their auto insurance. Keep in mind that the amount you can recover from the insurance company is limited by the driver’s insurance coverage. 

If he or she only has the minimum coverage, it may not be enough to cover your medical expenses, which is why it is important to speak with attorney Chaile Allen to understand your legal options, including seeking a lawsuit against the delivery truck driver’s employer. 

Should You Hold the Delivery Company Accountable?

Attorney Chaile Allen may advise you to file a claim against the driver’s employer instead. If the delivery truck driver is an employee, the company could be held responsible for his or her actions under the legal principle of respondeat superior, which holds employers accountable for their employees’ conduct. To successfully claim compensation from the driver’s employer, your lawyer will need to demonstrate two key factors:

• The incident was caused by the driver’s negligence and not by an intentional act.
• The incident occurred while the driver was performing job-related duties.

Attorney Chaile Allen will focus on proving the driver’s negligence and that they were working within their job responsibilities at the time of the accident. Evidence such as work logs, hours of service records, dashcam footage, and other documentation can support your case.

Types of Compensation You May Recover in a Delivery Truck Accident 

If you’ve been involved in a delivery truck accident, you may recover various types of compensation, depending on the circumstances of your case. These damages can generally be categorized into economic and non-economic compensation, including the following:

• Medical Expenses: Current and future medical costs, such as hospital bills, surgeries, rehabilitation, prescription medications, and any necessary ongoing treatment related to your injuries.
• Lost Wages: If your injuries keep you from working, you may obtain compensation for lost income during recovery. Additionally, if your ability to earn a living has been permanently impacted, you may be entitled to recover for the loss of future earning capacity.
• Property Damage: If personal property is damaged, you may obtain compensation for repair or replacement costs.
• Pain and Suffering: Non-economic damages, such as compensation for physical pain, emotional distress, and the overall impact the accident has had on your quality of life, are also recoverable.
• Loss of Consortium: In some cases, compensation may be available for the impact the incident has had on your relationship with your spouse or family.

The Law Firm of Chaile Allen will help you identify all potential areas of compensation and pursue the maximum recovery available.

Speak With the Car Accident Lawyer at The Law Firm of Chaile Allen 

The Law Firm of Chaile Allen understands how overwhelming it can be to deal with the aftermath of a delivery truck accident. With over 15 years of legal experience, Chaile Allen knows the ins and outs of Texas law and how to effectively fight for the compensation you deserve. She carefully assesses every detail of your case, from gathering crucial evidence to determining whether to hold the driver or the delivery company accountable.

Whether you need compensation for medical expenses, lost wages, or pain and suffering, Chaile Allen will guide you every step of the way. Call us today at (325) 670-9282 for a free consultation or reach out via our contact form.