Internet commerce is thriving, and more people are purchasing products online than ever before. Thus, the roads and highways in Louisiana are filled with delivery trucks. Delivery truck drivers do not always comply with the proper procedures for operating their trucks, however, and accidents often occur as a result. If you were injured in a delivery truck accident, you should consult an attorney regarding whether you may be able to seek damages from the person or entity responsible for your harm. New Orleans truck accident lawyer Cliff Cardone at the Cardone Law Firm can assist you with navigating the complex process of pursuing compensation following an accident.
Situations that Commonly Cause Delivery Truck AccidentsDelivery truck accidents may occur when a driver operates a truck in a reckless manner. A driver may drive at a speed above the posted speed limit or too fast for existing conditions, fail to use turn signals, fail to check blind spots before changing lanes, or follow too closely behind other vehicles. Delivery truck accidents also can occur when a driver parks the truck improperly and blocks lanes of traffic, thereby requiring drivers to veer into other lanes or obstructing the vision of oncoming motorists.
Whom to Sue After Delivery Truck AccidentsCollisions involving delivery trucks differ from some accidents in that the delivery truck driver is typically driving on behalf of an employer when the accident occurs. Thus, in many cases, not only may the driver be held liable for the harm caused by the accident, but the driver's employer may be held liable as well.
Regarding a driver's liability, in most cases, the injured person and their attorney will allege a negligence claim. Negligence is composed of four elements: a duty, a breach, causation, and damages. In other words, the plaintiff must show that the driver had a duty to operate the truck in a reasonable and safe manner and that the driver's actions departed from the duty, resulting in a breach. The plaintiff must not only show that a breach occurred but also show that the accident would not have occurred without the driver's breach. Lastly, the plaintiff must show that the accident caused them to suffer damages that can be quantified.
If the driver was working for an employer at the time of the delivery truck accident, the employer may be deemed accountable for the harm caused by the accident as well. For example, if the driver is deemed negligent, the employer may be found vicariously liable for the driver's negligence. The employer may be held directly liable as well, under a theory of negligent hiring or supervision, if the employer knew or reasonably should have known that the driver was likely to cause harm to others.
If the accident was caused by a defect in the truck, the entities that manufactured and distributed the truck or the party that performed maintenance on the truck may be responsible for the accident. Regardless of who is at fault for an accident, if the victim can establish liability, they may be awarded compensation for their economic losses, such as medical bills, property damage, and lost earnings, as well as damages for the pain and suffering caused by the accident.
Discuss Your Accident With a Knowledgeable Personal Injury Lawyer in New OrleansDelivery truck drivers provide an essential service, but if they do not operate their trucks carefully, they can cause substantial harm. If you suffered injuries in a delivery truck accident, you should find out about your potential claims. Attorney Cliff Cardone can advocate aggressively on your behalf to help you pursue the full amount of compensation that you may be able to recover. Mr. Cardone has an office in New Orleans, and he assists victims in communities throughout Louisiana. Phone Cardone at 504-522-3333, or use the form online to schedule a confidential and free consultation.