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Ask a lawyer: Can I sue a delivery driver?

Ask a lawyer: Can I sue a delivery driver?

For several years now, delivery companies and vehicles were gradually increased, but with the pandemic and the confinement by covid19, online shopping, food delivery, supermarket and parcel store caused the number of delivery vehicles to grow more overnight, and with them, car accidents also increased.

This is why it is very important for drivers and pedestrians to know the actions to take in the event of a car accident with a delivery van or trucks, as well as the importance of having the support of lawyers specialized in car accidents.

What should I do?

If you were hit by a delivery vehicle, the first thing you should do is

1.       Make sure you and your loved ones are okay

2.     Call the local authorities

3.    If the authorities are unavailable or unable to respond due to location of the accident, then obtain the following information:

·       Driver’s information; year, make, and model of their vehicle, and license plate number

·        Time, date and location of the crash

·        Exchange insurance information, if it’s possible

4.     Photographs of your injuries, involved vehicles, and accident scene

5.  A statement from witnesses on how the accident occurred and their contact information

These 5 points will help your attorney speed up the process of the at-fault insurance carrier accepting fault, which in turn will allow you to: get your vehicle repaired; get your medical bills, out of pocket expenses, and lost wages paid; and get you as much compensation as possible for pain and suffering.  

Who can I sue?

Yes, you can sue for property damage, your vehicle’s diminished value, medical bills, lost wages, negligence, pain and suffering, and any other out of pocket expenses. Your car and truck accident lawyer will effectively advise you on what and who to sue if you were involved in a car accident with a delivery driver.

1.  The driver. Being the main party involved in the accident, his / her responsibility is major.

2. The delivery company. There is a legal rule called respondeat superior, which makes an employer accountable for an employee’s actions and misdeeds within a reasonable extent and context. It means, when an employee has an accident while driving a company vehicle, the company is also responsible for adequately covering your damages, through their insurance.

However, there is a drawback, not all of these delivery companies hire their employees directly but hire through a third party; so, your attorney should be able to inform you on whether you can sue the company or not.

3.  A third party. This last point is also very important, because it is possible to sue another individual driver for driving inappropriately. This is referred to comparative fault. Furthermore, You may also sue an entity, such as the government, that is partially or wholly responsible for conditions that led to the accident. Example, if the streets were not in optimal condition, or there was a bush that obstructed the view of the third party driver. Thus, you really need assistance from an experienced accident attorney that will be able to find all the parties responsible for the accident.

These lawsuits can be filed at the same time for the same crash, and can help you get a better compensation for the damages that have occurred; but as you can see, it is essential to have a legal firm that can advise you effectively and at the same time make this process less stressful for you.

What can I get?

At Rafael Tirado & Associates we are committed to your well-being, that’s why we want you to get the best compensation possible, which includes:

-. Medical treatment: personal injuries require medical attention, medication, visits to the doctor, surgery, among others to treat the injuries you may have gotten.

-.  Missing time from work: accidents cause you to miss work, so our lawyers specializing in car accidents are looking for you to be paid these days.

-.  Disability: If the accident causes you some kind of temporary or permanent disability, our attorneys know that medical care, medicine and therapy are higher expenses, so you need to have compensation that will allow you to regain the quality of life you had.

-. Physical and mental therapy: at our law firm we know that a car accident can be traumatic and that physical therapy is often needed, but for us it is also very important to have your mental health, so we want you to be rewarded for your physical, mental and emotional care.

At Rafael Tirado & Associates we have truck accident attorneys and we want to offer you our support so that you can make this process a beneficial one for you and your family, where you’re not just another statistic, but a case of true justice.

At Rafael Tirado & Associates, our accident and personal injury lawyers are ready to help you with your case and to get the best possible compensation and recovery. Your satisfaction is the last word. Call us at (602) 266 0292 and get a free consultation.

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