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.

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 at 404-480-4284 or contact us online for a free case evaluation to learn what we may be able to help you achieve in your case.