How Amazon, UPS, and FedEx Truck Crashes Impact Liability in Atlanta Truck Accident Claims

Atlanta area delivery trucks are in a hurry to deliver packages across the city. UPS, FedEx and many other package delivery companies compete with one another to see which company can drop off packages the most efficiently. Speed, above all else, is the key to winning that competition. When delivery schedules are full of appointments, delivery truck drivers go to great lengths to shave off a few minutes here and there. 

Delivery trucks tend to be larger than the vehicles driven by other motorists in and around Atlanta. The larger size of these vehicles, coupled with the speed at which they are traveling, makes accidents more likely to occur. Couple these factors with an inability of drivers to see around and behind their vehicle, and there is significant damage that can be caused by a delivery truck accident. 

Answering questions about liability (fault) in a delivery truck accident means understanding the most important aspects of an accident case. From beginning to end, the more knowledge an injury victim possesses, the more likely the person is to be made whole through the legal process. When determining liability becomes complicated, it helps to have an experienced Atlanta truck accident attorney to advocate on your behalf. 

What Makes a Delivery Truck Accident Unique?

When two vehicles are involved in a minor fender-bender, there usually is not too much to debate when it comes to liability. In a rear-end accident, the trailing vehicle is almost always the vehicle who is at fault for having caused the collision. From there, the drivers and their insurance companies can usually sort out the damages and proceed to making the parties whole. 

On the other hand, in a delivery truck accident, there are more moving pieces in determining fault. 

• Delivery truck drivers are, much of the time, not employees of the company they are delivering packages for. As independent contractors, this may be a factor that complicates the liability determination. Can a business be held responsible for the actions of a driver who is not their employee?
• Georgia, as well as the federal government, has laws that govern truck drivers. This includes how often a driver may operate their vehicle as well as safety and maintenance requirements for the vehicles themselves. Whether a company has violated the law regarding these issues can impact liability.
• Insurance when private vehicles are in an accident typically does not involve any more than two insurance policies. However, in a delivery truck accident, there are often multiple insurance policies in play. Which policy applies and what the policy specifics are will determine a significant amount regarding the future of a claim. 

Who Could Be Held Liable For Injuries In a Delivery Truck Accident?

The truck driver is the first person involved in the accident who may be held responsible for the harms caused by the collision. Any evidence that the driver was speeding, distracted or violating any other law can be used to prove liability in the accident. There are also company standards for drivers which must be followed. An experienced Atlanta truck accident attorney knows how to determine how to pursue liability against negligent delivery truck drivers.

Next, the delivery company itself- FedEx, UPS, or Amazon- may also be liable for another driver’s injuries. A delivery company has the responsibility to train their drivers to ensure that they operate their vehicles in compliance with the rules of the road. From there, a delivery company must be able to supervise their drivers to reduce the likelihood of any accidents from occurring. 

How Are Independent Contractors Handled in a Delivery Truck Accident?

By classifying many of their drivers as independent contractors, these large delivery companies can make an argument that they are not responsible for the actions of their non-employee drivers. 

The key for Atlanta area delivery truck accident victims is to focus on the degree to which the company had control over the driver’s actions behind the wheel. Vicarious liability places responsibility on the delivery company when they play a major role in the delivery routes and other activities of the driver. 

Why Do Delivery Truck Accidents Happen in Atlanta?

Anyone even somewhat familiar with the highways of Atlanta, I-85, I-75, and I-285, knows that they are busy at all times of the day. With congested highways presenting their fair share of risk for motorists, delivery truck drivers make the situation more precarious, given their heavy vehicles and tight schedules. 

Drivers who are tired from making deliveries all day- or all night- are fatigued more often than not. Trying to keep up with phone calls, GPS directions, and other distractions while driving makes sharing the road with these truck drivers extremely precarious. Trying to make difficult delivery deadlines means that a focus of the drivers is on trying to shave as much time as possible off their delivery routes. 

Another commonly encountered problem for delivery truck drivers is a truck that is overloaded with packages. These trucks are already heavy without considering the packages that are piled into the back. Turning and braking are serious challenges for drivers. As a result, these delivery trucks cause rear-end and side-swipe accidents on a regular basis. 

What Damages Are Available in Delivery Truck Accident Cases?

Damages, both economic and non-economic, are available to injury victims who prove their case in a delivery truck accident. 

Economic damages include costs associated with financial harm- medical bills and lost wages foremost among them. The evidence needed to prove economic damages are frequently found in black and white on documents. 

Non-economic damages are those that are not easily measured with dollars and cents but are nonetheless still important. These include pain and suffering, harm to your marital relationship, and emotional distress.

Proving fault in a delivery truck accident case and recovering a maximum amount of damages often comes down to how well your case has been prepared.

Contact an Atlanta Truck Accident Attorney For a Free Case Review

When you have been injured in an Atlanta delivery truck accident you do not have a moment to lose. Contact Mabra Law today for a free case review.