If you have been involved in a crash with a delivery truck, you are probably wondering who is at fault. Well, just like with any other accident, there are several things that must be considered. It depends on who was at fault for the crash, but most likely, some responsibility will fall on the shoulders of the driver.
Often, the driver might make a mistake, such as the failure to observe traffic regulations, drive recklessly, be distracted, or be improperly trained. There are several contributing factors to trucking accidents that could place the blame on them.
Contributing factors to trucking accidents:
- Mechanical failure
- Driver effort
- Fatigued driving
- Failure to properly maintain vehicles
- Other external factors
Negligence Laws in Your State
The negligence laws in the state where the crash occurred also play a big role. Most states use modified comparative negligence, which sets a threshold for being at-fault. That means you can be up to a certain percentage to blame for the crash and still recover damages from the other party. However, if your percentage of fault exceeds that set threshold, you cannot recover damages. Some states set the threshold at 51%, while others have it set higher or lower.
As an example, in states where pure contributory negligence is used, you cannot recover damages even if you are deemed only 1% at fault for the crash. In states using pure comparative fault, the damage is appropriated between the parties based on their proportionate share of fault. Even if you were 95% at fault, you could recover the other 5% of damages from the other party. One state, South Dakota, uses slight/gross negligence comparative fault. This means you cannot recover for anything other than slight negligence.
Pursuing a Personal Injury Claim
To pursue a personal injury claim, you will need to have evidence and documentation to show that the other party was negligent and contributed to your damages. For example, if you can show that the other driver was speeding based on the accident report and eyewitness statements, you have proven negligence.
Sometimes negligence or fault is more obvious than at other times, such as when a stop sign is run or when a truck runs a red light. At other times, a more thorough investigation must be completed by law enforcement, insurance adjusters, and personal injury attorneys. Every state has a statute of limitations, which is a time limit for an individual to pursue a personal injury claim. If you wait too long, you will not be able to recover compensation.
Consult With a Personal Injury Attorney
If you are unsure whether the postal service company was at fault for your crash, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form to have your case reviewed by an accident injury attorney and learn how to proceed with your accident injury claim. Take action now, so you can make sure your rights are protected!
Additional Resources
*Disclaimer: The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against FedEx, or another party, you may not be entitled to any compensation.
