What Obligations Do Delivery Truck Operators Have?
The popularity of online shopping has increased the number of delivery trucks on the road around Atlanta. But while goods are delivered to our region by tractor-trailers and other large trucks, they are often delivered to homes and businesses using much smaller vehicles, such as vans and cars. While all of these vehicles are engaged in commerce, some are owned by companies shipping products, while others are owned by outside companies or private individuals.
What obligations do the drivers of these trucks have to protect the public? Do the companies the drivers deliver for have obligations? And what rights do you have if you’re hurt by a delivery truck? The answers often vary depending on the circumstances. Here are some generalized obligations that apply in many circumstances. If you talk to a personal injury lawyer, the attorney can explain the obligations that pertain to your specific situation.
Drivers Must Be Qualified to Operate Their Vehicles
Drivers and the companies they work for have an obligation to ensure they are qualified to operate the specific delivery vehicle they use. For delivery drivers operating smaller vehicles, it may not be necessary to have a commercial driver’s license or special equipment training. Nevertheless, delivery drivers, like all other drivers on our roads, have a responsibility to know how to operate their vehicles safely. They need to know how to turn on the windshield wipers when it rains, for instance, and how to monitor the vehicle’s blind spots.
For larger delivery trucks, there is an obligation to comply with state and federal requirements, including completing training courses. Drivers should be able to understand and follow road signs. Drivers who handle commercial interstate traffic are expected to know English to read signs and follow instructions for safe operation.
In addition, drivers must meet mental and physical requirements. They need to be unimpaired by alcohol or any substance that impacts their judgment and reaction times.
When a company puts an unqualified driver on the road, it can be held liable if the driver’s inadequacies cause an accident.
Delivery Vehicles Must Be Safe to Drive
Whether a delivery vehicle is a big box truck or a private car, the owner of the vehicle has an obligation to ensure that it is in a safe operating condition before it is driven on public roads around Atlanta. This includes a duty to inspect and maintain parts such as:
- Brakes
- Lights
- Tires
- Steering mechanisms
A problem with a critical component, such as worn tires or faulty brakes, can lead to a collision. In many cases, delivery truck operators are required to keep records of regular inspections, maintenance, and repairs performed on the vehicles. If the operator fails to conduct proper inspections, delays repairs, or fails to keep required records, the operator could be held responsible for problems that lead to a crash. In addition, if a company responsible for maintenance or repairs is negligent in performing its duties, that company could also be held liable for injuries and damage resulting from a crash.
Cargo Must Be Stowed Safely
Another obligation of delivery truck operators is to ensure that the items being delivered are properly secured inside the vehicle, whether a large tractor-trailer or a passenger van. When heavy cargo is loaded so that it is not properly balanced, it can make the delivery vehicle unstable, particularly when rounding corners or in high winds. The driver may be unable to properly control the truck, which could cause it to overturn and lead to a collision.
If a vehicle is loaded with more weight than it is designed to carry, that can also prevent the driver from controlling its operation properly, especially braking and acceleration. Improperly loaded cargo could potentially spill onto the road. In smaller vehicles where the cargo is loaded in the same compartment as the driver, shifting cargo could hit or distract the driver, triggering a collision that could have been avoided if the items had been stacked and secured properly. Companies that load delivery trucks frequently try to cut costs by neglecting their train employees and often establish work quotas that encourage shoddy practices. They may also try to cut costs by overloading vehicles or save time by arranging cargo by drop-off location, even if that leaves a load dangerously unbalanced.
Drivers Should Have Adequate Rest
Studies have shown that in many respects, driving while fatigued is just as dangerous as driving while drunk. Perception and reaction time can become dangerously slow, and there is a high risk of a driver falling asleep in brief but repeated episodes. The effects of fatigue become noticeable in surprisingly short time.
For those reasons, the federal government has established hours-of-service limits for commercial truck drivers. Commercial truck drivers operating in interstate traffic have their driving hours monitored by onboard equipment to ensure they have sufficient hours off the road.
Delivery truck drivers with smaller vehicles may not be subject to automatic logging or hour limitations, but they still have an obligation to behave responsibly, including avoiding driving while fatigued, impaired, or distracted. When delivery companies push drivers to meet unrealistic expectations, they can be held legally responsible if the driver’s rushed or exhausted conduct leads to a collision.
What to Be Aware of If You’ve Been in a Crash with a Delivery Truck
If you’ve been in an accident with a delivery truck, there are some factors you need to understand to protect yourself and your future.
Your Health is the Top Priority for Legal as Well as Medical Reasons
At Michael M. Day Law Firm, we obviously focus on legal liability and recovering financial compensation for accident victims. We are not doctors. But we know that health is often worth more than any amount of money, so it is important to protect it at all costs. Plus, when you focus on caring for your medical needs right after an accident, you increase the likelihood of a strong financial recovery as well. With one set of actions, you can work toward two priorities.
Therefore, be sure to undergo a thorough medical examination. The exam protects your health and provides evidence of your injuries. If you don’t go to the doctor soon after the accident, the trucking company can argue that you must not really be hurt. Or they may argue that something you did later caused your injuries.
You Must Get a Police Report
Regardless of whether a delivery driver is working for a company that encourages them to report all accidents to the police, the driver may be reluctant to do so for fear of losing their job. Regardless of whether the driver wants to settle things “quietly,” it is important to report the incident to the authorities even if it seems like there are no injuries.
Having the police come to the scene to make a report creates valuable evidence that is difficult for anyone to contradict. In the immediate aftermath of an accident, it is impossible to understand the extent of injuries or property damage, so it is wise to get police assistance and evidence just in case you need to file a claim later.
A police report is extremely helpful for insurance claims as well as lawsuits, so try to get the police to come to the scene if possible to make a report. If police will not come to the accident site, file a report online or in person at the closest police station as soon as possible.
Corporate Attorneys Could Make Life Very Difficult
Whether a delivery driver works as an employee or an independent contractor, the company they represent will have experienced corporate legal teams at their disposal. These attorneys are experts at one thing—denying liability for accidents. They are likely to employ a variety of tactics to shift responsibility from the delivery driver to you.
You need to be mindful of everything you say and do to protect your right to recovery. Talking to a truck accident attorney can help protect you from contact with them and provide guidance on how to safeguard your rights at each stage of the process.
You Need to Document the Accident
The legal teams and insurance company representatives involved in delivery truck accidents will be scouring the scene for evidence about what caused the accident and led to injuries, and you need to do the same. They will try to leverage evidence to show why you are responsible for the accident or that you did something to make your injuries worse. They may try to hide or minimize any evidence that indicates their driver could be responsible. You need to gather and preserve evidence to fight their assertions and show why you should receive compensation for all the losses you’ve suffered.
You should try to take photos at the accident scene if possible, or send someone else to do so if you’re too injured. Record your impressions of the accident, either on paper or into your phone. Get the names of witnesses who could testify about what they saw or heard.
As time passes, keep a journal of your physical and mental symptoms and how they impact your life. For instance, if you couldn’t attend your son’s baseball game because your back hurt too much or you were afraid to drive because getting in a car is too traumatic, write down your feelings. These could serve as valuable evidence of the extent of your losses and help you recover compensation for pain and mental anguish.
Seek Advice Before Talking to Insurance Companies
Delivery truck drivers are often covered by extra insurance. While the policies can provide resources to help meet your needs in the future, the added insurance complicates and adds difficulty to the process of establishing liability and recovering compensation.
Insurance company representatives, like corporate attorneys, are focused on saving money for the company, and they do that by working to ensure that they don’t have to pay out a claim for the truck accident. They may trick you into accepting a small amount to settle the case. Or they might twist your words to argue that you have admitted liability for the accident. If you get solid legal advice before talking to the insurance company—or let your truck accident attorney do the talking for you—then it is possible to avoid the deceptive tactics and help get fair compensation.
When Delivery Truck Operators Neglect Responsibilities, We Can Help
The delivery business is booming, but competition is fierce. Companies are doing what they can to meet customer expectations while maintaining high profit margins. Safety often gets sacrificed as a result.
When a delivery truck operator fails to fulfill their obligations and you get hurt as a result, it can be very difficult to recover fair compensation for your losses. The insurance company might offer a small settlement, but that is often not even enough to cover the medical bills. To recover full damages for your lost quality of life and economic needs, you will need to fight against the legal departments of the delivery companies and the commercial insurance attorneys who will fight effectively to shift liability onto your shoulders.
But we know how to overcome their tactics. At Michael M. Day Law Firm, we focus on helping accident victims receive fair compensation for every aspect of the damage to their lives. That dedication and intensity take time, but we believe that accident victims deserve our maximum effort and attention. If you or a loved one has been injured in a truck accident or other incident caused by someone else’s irresponsible conduct, call us or contact us online for a free case evaluation to learn what we may be able to help you achieve in your case.
