As ridesharing and online shopping has grown, delivery vans have become more common in Sandy Springs. At the same time, there’s a greater risk of delivery van accidents. If you or a loved one were in an accident with a delivery van or truck, you have legal rights.
Any auto accident can leave victims with painful injuries and costly damages. However, a collision with a delivery van is complicated from a legal perspective. You will need to know who was at fault and what compensation you deserve.
At John Foy & Associates, we can help. We’ll answer your questions and discuss your options during a free consultation. To get started today, call (404) 400-4000 or contact us online.
Knowing Who’s at Fault for a Delivery Van Accident
Like most places in the U.S., Georgia is a “fault” state. That means the responsible party in an accident should pay for the costs. If someone’s actions led to your accident, you probably have a case against them.
The responsible party could be:
- The delivery van driver
- A delivery company
- The driver’s employer
- The van’s manufacturer
- A government agency
Liability is complicated in delivery van accidents. The driver is not always an employee of the company they contract with. As a result, you might have to investigate who you can hold responsible. Thankfully, a delivery van accident lawyer can help.
Proving Fault for the Accident
You will need to file a negligence claim to prove fault. Negligence is a legal term. Under the Official Code of Georgia Annotated (OCGA) §51-1-2, it means an absence of care that “ordinarily prudent persons” would have in a similar situation.
There are four parts to an injury claim:
- Someone had a duty of care towards you.
- They failed in their duty of care (meaning they were negligent).
- The negligence led to the delivery van accident.
- The accident caused your injuries and damages.
If the at-fault party had been more careful, you wouldn’t have gotten hurt. To seek compensation, you must file an insurance claim proving the above statements.
A delivery van accident usually happens because of a driver’s negligence. But an employee can also increase the chance of an accident. Sometimes, road conditions or vehicle defects can contribute to a crash.
You’ll need to gather evidence to show who was at fault. If you’re not sure where to start, contact an experienced lawyer in Sandy Springs.
Independent Contractors and Auto Accidents
Many delivery van drivers are not actual employees. They provide delivery services as independent contractors. When a company uses contractors, they can often avoid liability for an accident. However, there are still situations where a company is at fault.
A company could be responsible if:
- They fail to train a delivery driver properly
- The company hired a driver who was not qualified
- The driver’s work was wrong or dangerous to others
- The company did not properly supervise the driver
The delivery van driver should have their own auto insurance coverage. If the driver causes an accident, you might need to file a claim with the driver’s insurance company, the delivery company’s insurance company, or both.
Some companies will only cover an accident during specific situations. For example, Uber and Lyft only provide insurance coverage when drivers are available for rides. The same might apply to delivery van drivers.
Make sure you know your compensation rights before filing a claim. To get the facts, contact a Sandy Springs delivery van accident lawyer who can investigate your case.
To get a free consultation with John Foy & Associates, call (404) 400-4000 or contact us online.
Damages from a Delivery Van Accident
According to the Centers for Disease Control and Prevention (CDC), delivery van accidents make up the third-highest amount of roadway deaths. Victims can suffer severe or deadly injuries with lifelong consequences.
If you were hurt in a delivery van accident, you’ll have damages like:
- Medical bills
- Prescription medication costs
- Vehicle damage
- Lost wages
- Future medical costs
- Pain and suffering
You must know all of your accident damages before you file a claim. You’ll need to gather evidence of your losses. For example, save all medical bills, receipts, and other documents. Without proof, the insurance company will doubt your costs.
Consider past, current, and future accident costs. The goal is to recover your total damages fully. Since you didn’t cause your accident, you shouldn’t have to pay for any of the losses.
What a Sandy Springs Delivery Van Accident Lawyer Can Do
Hiring a lawyer helps level the playing field after a delivery van accident. After the crash, the other side’s insurance company will take action. The insurance adjuster will look for ways to pay you less. But your lawyer will know how to respond.
A lawyer can help your case by:
- Investigating the accident
- Determining who was at fault
- Gathering evidence of your damages
- Filing the correct paperwork
- Responding to lowball settlement offers
- Fighting for the highest compensation possible
Insurance companies will use tactics to reduce what they have to pay you. Without a lawyer, it’s easy to get taken advantage of. A lawyer knows how to calculate all of your damages and negotiate for a fair settlement.
Don’t accept any money or give any statements to the insurer without a lawyer. Schedule a consultation to learn your options and take the right action.
Get Help from a Delivery Van Accident Lawyer in Sandy Springs Today
If you have injuries from a delivery van accident, you might deserve compensation. Don’t let the at-fault party or their insurance company intimidate you. Talk to an experienced lawyer about your case today.
At John Foy & Associates, we don’t back down to insurance companies. If an insurance company gives you trouble, we can handle it. Our lawyers have been winning fair settlements for over 20 years. If necessary, we can help you take your case to court.
Working with us is risk-free for our clients. That’s because:
- There is no charge to you unless we win you compensation.
- You don’t pay any upfront costs to get started.
- You can schedule a free consultation at any time.
Contact us today for a free, no-risk consultation. Call (404) 400-4000 or contact us online.