Delivery Vehicle Accidents

Delivery vehicles are a critical part of our economy, providing us with the goods that we need on a timely basis. Because of the pressure to make deliveries as quickly as possible, however, delivery drivers do not always use appropriate care and caution behind the wheel. In other instances, delivery vehicles are large and full of heavy cargo, making them difficult to maneuver if the driver has not received proper training. At Olsinski Law Firm, our Charlotte and Concord truck accident lawyers have handled a variety of delivery vehicle accident cases, and we have seen firsthand how damaging the outcome can be for the victim and his or her family. If you were injured as a result of a delivery vehicle driver’s carelessness, call us today to start exploring your legal right to recovery.

There are many aspects of a delivery vehicle accident case that are similar to a standard car accident claim. Perhaps the most important difference, however, is that you may be able to bring a claim against the company that employed the driver of the delivery vehicle. North Carolina, like many other states, recognizes the doctrine of vicarious liability. This doctrine holds employers liable for the negligent acts that their employees commit in the course and scope of employment. There are some exceptions to this rule, such as cases in which the employee engaged in an intentional tort or crime, or cases in which the employee deviated from his or her work duties to handle a personal matter. A seasoned truck accident lawyer can help you determine whether the vicarious liability doctrine applies to your case.

Another cause of action that could entitle you to recovery is negligent entrustment. This holds an employer responsible in situations in which it knew or should have known that the driver was not a suitable candidate for the position. An example might be an employer failing to identify an applicant’s history of drunk driving accidents.

In addition to the claims mentioned above, you can also bring a negligence claim against the driver of the vehicle directly. In a negligence claim, you must show that the other driver had a duty to use due care and that the driver failed to act according to this duty. When it comes to driving, everyone has a duty to drive his or her vehicle with reasonable care and skill, regardless of whether it is a personal passenger vehicle or a delivery truck. If you can show that the other driver failed to abide by an applicable traffic law at the time of the crash, such as yielding the right-of-way or obeying the speed limit, you can use this evidence to show that the other driver was acting negligently. Your attorney might also collect evidence of violations of trucking regulations, such as those that require drivers to obtain certifications and to perform routine inspections of their vehicles to ensure that they are running safely.

After proving that the delivery driver acted negligently, you must show that you would not have been injured but for the negligent conduct. Finally, you will be asked to provide evidence documenting the amount of damages that you are seeking in the lawsuit. This can include past and estimated future medical damages, missed paychecks and diminished earning capacity, and pain and suffering.

When large trucks are involved in a crash, the outcome can be painful and life-altering for the victim. At Olsinski Law Firm, we will ensure that you receive the personal attention and care that you deserve during this stressful situation. We serve victims throughout Mecklenburg and Cabarrus Counties, including in Charlotte, Concord, Huntersville, Matthews, Mint Hill, Cornelius, Davidson, Pineville, Kannapolis, Harrisburg, Midland, and Mount Pleasant. To schedule a free consultation with an attorney, call our Charlotte office at 704-405-2580 or our Concord office at 704-918-4747, or contact us online.