With the increase with online shopping, there has been an increase in delivery trucks on the road. That is, with a click of a button, we can order almost anything online. With this increase in deliveries, delivery drivers have a high demand and pressure to make all these delivers timely. As a result, this causes many trucking accidents due to drivers speeding, being distracted, fatigued, poor maintenance of vehicles, and recklessness of drivers. These accidents are often complicated and there may be many parties liable. It is important to seek the advice of competent counsel to ensure you get fair compensation.
First, your attorney will determine who is liable for all damages. This depends on which company and the delivery driver. For accidents where the delivery driver is also an employee of the company, such as, FedEx and UPS delivery trucks, an injured party may receive fair compensation for all damages from both the delivery company and negligent driver. Further, all trucking companies and truckers must follow the regulations and policies controlled by the Federal Motor Carrier Safety Administration (FMCSA). Thus, the companies would also be held responsible for negligence in hiring competent employees, failure to train properly, and any other violation of state and federal safety laws. However, for companies with independent contract drivers, like Amazon, the companies have held that they are not responsible for any damages. In such cases, injured parties would then have to sue the driver personally and that driver’s insurance company for all damages. In all Texas cases, one injured in an accident may recover all damages from any and all parties who are contributorily negligent, including employers, trucking companies, negligent drivers, etc.
Those injured from a trucking accident will have tremendous amounts of economic damages including medical bills, lost wages, property damage, rehabilitation, disability, loss of enjoyment of life, emotional and mental distress, physical pain and suffering, and more. In order to protect your or a significant other’s interest and recover all damages caused by a negligent, careless, reckless truck driver on the road, the claim must be filed immediately. In Texas, there is a two year statute of limitations to file a personal injury claim. If you do not file before this deadline, you will not be able to recover all damages you deserve. Even if you lost a family member in a trucking accident, you are also entitled to recover damages for the loss. Do not delay!
Insurance companies use any excuse to not pay you full compensation or even try and you contributorily at fault. Do not allow any insurance company to take advantage of you or a loved one. A competent attorney will be able to work aggressively to hold the delivery trucking company and driver accountable for all damages caused due to their negligence, and take those accountable to court if needed.
About the Author:
Mala Sharma has been practicing family law and personal injury with her family at the Law Offices of Sharma & Associates, founded in 1997. Mala has been appointed leadership roles for the American Bar Association GP Solo and GP Solo YLD division, is Board member of the Houston Trial Lawyers Association, Past President of the Houston Northwest Bar Association, and prior board member of the South Asian Bar Association. She is also a member of the Houston Bar Association. Mala Sharma has been selected to the 2019 Texas Rising Stars by Super Lawyers. Mala has also been selected as 10 Best Attorneys by the American Institute of Personal Injury Attorney for 2018-2019, Top 40 under 40 by the National Trial Lawyers for 2018-2019, and Texas Top 10 Personal Injury Attorney by Attorney and Practice Magazine for 2019.
This material is available for informational purposes only and not for the purpose of providing legal advice. If you require advice on any particular legal question, you may contact Sharma & Associates at 281-893-8644 or by email at email@example.com to schedule a free consultation to discuss your case.