Determining Liability After a Delivery Truck Accident?

If you suffered an injury in an accident with a delivery truck, you might not know what to do next. After all, who is at fault for a delivery truck accident? Even if you believe the other driver caused the crash, it is not always easy to figure out who is to blame. In many cases, multiple parties can share liability. This can make it even more difficult to file a claim and collect the compensation you deserve.

Who Is at Fault for a Delivery Truck Accident?

One of the first steps you need to take after a delivery truck accident is to contact an experienced personal injury attorney. Your attorney will need to investigate the accident and examine the evidence closely to determine who is at fault for the accident.

To determine fault, it is important to know if the delivery truck driver was working as an employee at the time of the crash. The law allows injured parties to hold employers accountable when their employees cause accidents.

FedEx, for example, often bears liability when their delivery truck drivers cause an accident. In one recent two-year period, 413 accidents across the country involved FedEx trucks. These accidents resulted in 147 injuries and 13 fatalities.

However, going against a large trucking company like FedEx is never easy. They often use various tactics to reduce their claims and pay out as little as possible.

Employee vs Independent Contractor

For in-state trucks, as long as the truck driver is an employee and not an independent contractor, then you can file a claim with the employer’s insurance. Otherwise, you will file a claim with the independent contractor’s insurance. However, motor carriers for out-of-state trucks may also be liable for damages, even if the driver is an owner-operator.

Unfortunately, many in-state trucking companies try to classify their drivers as “independent contractors” for this very reason. By doing so, they hope to avoid litigation and costly settlements.

Even if you believe that the delivery truck driver is an independent contractor, it is important to have your case reviewed by an experienced and skilled Houston truck accident attorney. Your attorney may need to investigate whether the employer breached any employment laws by classifying its drivers as independent contractors.

Contact Our Houston Delivery Truck Accident Attorneys

If you suffered an injury in a delivery truck accident in Texas, we can help. Contact a Houston delivery truck accident attorney at our law firm to discuss your legal options. The Law Office of Daniel D. Horowitz, III PC represents clients in Houston and the surrounding areas. Call us today at (832) 460-5181 or fill out our online case evaluation form to schedule a free consultation. We are here to help you after a serious delivery truck accident. Don’t delay. You deserve a chance to explore all your legal options and we can help you do just that!

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