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After a reckless driver crashes into you, it may seem fairly obvious that they should be held liable for the car accident. The question of liability can be much different, though, if you are hit by someone who is driving a commercial vehicle as part of their job, like an Amazon truck driver. Should you blame the delivery truck driver, the delivery company, or both?
Delivery Truck Accidents Caused by Delivery Companies
Although you might not expect it, most delivery truck accident claims are not filed against individual truck drivers and their insurance policies. Instead, the blame for a delivery truck accident is usually placed on the delivery company or the employer of the delivery truck driver.
The legal rule of respondeat superior states that an employer can usually be held liable for the damages and harm caused by their employee while that employee is acting within the scope of their work responsibilities.
Passed Out UPS Driver Crashes in McKinney, Texas
Delivery company negligence was recently brought to the nation’s attention after a UPS delivery truck driver crashed his box truck in McKinney, Texas while suffering from heat exhaustion. The UPS driver had reportedly radioed his employer to state that he was suffering from “heat-related” symptoms (i.e., heat exhaustion or possibly heatstroke) but was told to drive back to the McKinney distribution center. The driver kept operating his delivery truck, as instructed by his employer, passed out from heat exhaustion, and crashed into a line of trees. He was temporarily hospitalized, and no other parties were injured.
Why did UPS instruct someone who was reporting symptoms of heat exhaustion to keep driving? The question is on everyone’s mind, and an investigation is underway to determine if the employer acted negligently by issuing the instruction instead of telling the worker to pull over and seek medical attention.
(You can learn more about the McKinney UPS heat exhaustion crash by reading a full article from NBC 5 [NBCDFW]. Click here.)
Delivery Truck Driver Fatigue
Many truck accidents and delivery truck crashes can be linked to the truck driver’s fatigue at the time of the wreck. Drivers of big rigs, semi-trucks, and other large-scale delivery or freight vehicles often work long hours, sometimes more than 12 hours a day. It is only natural for exhaustion to start to set in, which will reduce the truck driver’s ability to safely operate their vehicle.
Delivery truck drivers who are exhausted will experience the following symptoms and more:
- Increased reaction time
- Difficulty steering the vehicle
- Trouble with focusing on the road
- Blurred or unfocused vision
Delivery companies have a duty to ensure that their workers – whether they are employees or independent contractors – are fit enough to drive before clocking in or accepting a route. If a driver is exhausted or is scheduled so long that exhaustion is likely inevitable, and that driver is still allowed to operate a delivery truck, the delivery company could be accused of negligence that puts the driver and other motorists in danger.
Delivery Truck Drivers Injured On the Job
Another important question to ask is who is liable when a delivery truck driver is hurt on the job, especially to no fault of the driver? The attorneys of Hilliard Law recently handled a lawsuit that garnered nationwide attention because it was filed against a world-leading online retailer (called ‘Online Retailer’ due to confidentiality) after two of its drivers were shot while making a delivery.
Our clients were independent contractors who had to use their own personal vehicles, were not provided company-branded clothing, and were not trained about how to complete deliveries according to the Online Retailer’s policies. When they were completing a delivery, the homeowner thought they were criminal offenders and shot them. Our attorneys brought a claim against the Online Retailer for negligence and intentional infliction of emotional distress for failing to take even the most basic steps to train and equip their workers.
An arbitration panel appointed through the American Arbitration Association awarded the injured delivery drivers $33 million. The result is infinitely more than what the Online Retailer had offered, which was $0. This case result was not only a huge win for the drivers but also for all delivery drivers who may, unfortunately, find themselves in a similar situation in the future.
(You can learn more about this groundbreaking case by visiting our blog.)
Bringing Injury Claims Against Delivery Companies
Were you hit by a delivery truck driver in Texas? Or were you working as a delivery truck driver when you were injured by a third party? Before more time passes, reach out to Hilliard Law and talk to our truck accident attorneys about what happened. You may be able to bring a claim against the delivery company for allowing an unfit driver behind the wheel. We are a Texas trial firm with a nationwide reputation, so you know that you can count on us for reliable legal counsel when it counts the most.
Call (361) 882-1612 to request a no-cost, no-obligation case evaluation about your delivery truck accident.