Delivery vans have become more common in Roswell in recent years, which means a higher risk of accidents. If you were injured in an accident with a delivery van accident, you can seek justice. Our Roswell delivery van accident lawyers can help.
At John Foy & Associates, our team knows how to fight for the compensation you deserve. We have over 20 years of experience helping accident victims and their families.
To get a FREE consultation today, call (404) 400-4000. You can also fill out the form on our contact page.
Examples of Delivery Vans
Delivery vans are vehicles used for transporting goods or packages. There are many different types, including:
- FedEx vans
- Amazon delivery vans
- DHL vans
- UPS or USPS vans
- Moving vans
- Local food or drink delivery vans
When a delivery van accident happens, it can be difficult to know who’s at fault. Even if the driver caused the accident, their employer could be responsible. Either way, you deserve compensation if you were not at fault for the crash.
Our lawyers can help you build a strong personal injury claim. You can seek compensation for your medical bills, lost wages, and much more. The goal is to fully recover your costs so that you can start to move on.
Leading Causes of Delivery Van Accidents
An accident with a delivery van can happen for many reasons. Some of the most common causes include:
Driver Fatigue
People who drive for a living can become fatigued without proper rest. Delivery van drivers might have long work hours and strict schedules.
There are regulations on how much a driver should work, but companies don’t always listen. If a driver is tired or overworked, they can make careless mistakes. Driver fatigue is a common cause of truck and van accidents for this reason.
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Driver Distraction
Drivers have many distractions behind the wheel. But having a license means driving as carefully as possible, especially while on the job. Distracted driving can easily lead to a serious accident.
Examples of distracted driving include:
- Texting while driving
- Messing with music or GPS
- Talking on the phone
- Checking van mirrors
- Getting lost in thoughts
Drivers often use GPS to make deliveries to certain addresses. If a driver isn’t careful, they can become distracted and crash. Even a moment of distraction can lead to a serious collision.
Poor Hiring or Training Methods
The delivery van driver’s employer must be careful when hiring workers. If the company is negligent when hiring or training a driver, they can be at fault for an accident.
Van Defects or Maintenance Issues
Sometimes, an accident is not entirely a driver’s or van company’s fault. Defective van parts or maintenance errors could contribute to an accident. If so, a manufacturer or maintenance company could be liable.
If poor road conditions caused the accident, a local government could also be partially at fault. If that’s possible, talk to a lawyer as soon as possible. Suing a government is not easy, and you have limited time in which to do so.
Proving Liability in a Delivery Van Accident
Georgia is a fault state. If someone’s negligence leads to an accident, that party is liable for the damages. However, it’s more complicated when an employee is at fault.
According to the Official Code of Georgia Annotated (OCGA) §51-2-2, employers are liable for an employee’s actions while on the job. If the driver was making a delivery when they caused the accident, their boss is likely at fault.
Some delivery van drivers are independent contractors instead of employees. If the driver who caused your accident is a contractor, the driver has fewer legal protections. You can probably bring a case directly against the driver instead of the company.
Partial Fault in an Accident
Sometimes more than one party is at fault for a delivery van accident. Under Georgia law, you can bring multiple claims against different parties. You can also still seek compensation if you were partially at fault.
Georgia has modified comparative fault laws. Under these laws, you can recover damages if you were less than 50% at fault. If you’re worried about being partially at fault, talk to a Roswell delivery van accident lawyer today. You can probably still recover compensation.
Recovering Your Losses After the Accident
Personal injury damages are any losses that result from your accident injuries. If someone else caused the accident, you can seek compensation for damages like:
- Doctor and hospital bills
- Prescription medications
- Physical therapy and rehabilitation
- Lost wages
- Loss of earning capacity
- Vehicle repair costs
- Pain and suffering
Medical costs often make up the largest part of an accident claim. You are entitled to any treatment costs from your injuries. In addition, you can claim any lost income that results from missed work time.
Some accident injuries lead to permanent disabilities or disadvantages. For example, you might have to take on lower-paying work because of your injuries. If you do, you can claim the lost income as lost earning capacity.
After the accident, keep track of any losses you have because of your injuries. That includes emotional “injuries” like pain and suffering. You’ll need to document these damages for your injury claim.
Filing a Delivery Van Accident Claim
The first step is usually to file a claim with the at-fault party’s insurance company. If the driver’s employer is liable, they should have liability insurance. You can seek compensation from the insurer for your costs.
Insurance companies often offer a lowball settlement after you file a claim. This settlement offer won’t come close to what you actually deserve. Thankfully, your lawyer can help negotiate for an offer that’s fair to you.
If you cannot settle, you might choose to file a lawsuit. Talk to your lawyer about the pros and cons of taking your case to court.
Talk to a Roswell Delivery Van Accident Lawyer Today
Delivery van accidents can happen out of nowhere. They can leave you and your family with serious losses and damages. After your accident, contact John Foy & Associates for a FREE, no-risk consultation.
Our lawyers do not charge a fee unless we win you money. You can get started today at no risk to you.
Call us at (404) 400-4000 or fill out our contact form for your free consultation.
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