Drivers are under pressure to drive quickly to meet deadlines and they frequently experience fatigue after long hours behind the wheel.
This is the time when concentration could be lost and an accident could happen. If you have been injured by a truck you may have grounds to file a damages claim but you have to be able to prove the delivery driver was negligent first.
Proving Negligence
One of the problems you may be up against when trying to file a PI claim against the a company is that it is a government entity which technically is protected by sovereign immunity. This means you can’t sue. This is just in force to put you off filing a claim.
As soon as you have the proof that the delivery driver was negligent, like s/he was eating, talking on a cell phone, speeding or sleeping then you should send in a notice of claim. This is normally rejected and you are sent a denial notice. This won’t stop you as the next step is compiling a demand letter which contains all the elements of the PI claim including the proof that the delivery driver was negligent.
2h>What to Include in a Demand Letter Proving Negligence
The demand letter should be a concise, well written easy to read document. It should include a description of the accident including how it happened and who caused it.
It should include a dollar value for vehicle damage, medical treatment up to now and into the future, if applicable, a dollar value of wages lost up to now and until you return to work and it should put a dollar value on pain and suffering and how this was calculated.
All this information needs to be backed up with supporting documentation such as:
- receipts from the car repairer;
- receipts from prior medical treatment;
- a doctor’s letter indicating recovery time;
- your employer’s assessment of your wages.
If you are sure you have sufficient evidence to prove the driver was negligent you should contact an experienced PI attorney who will help you through the process.
Why You Need a PI Lawyer
An experienced PI attorney knows how difficult government entities are when it comes to a claim of negligence against one of their drivers. If you try to take on the USPS, or any company, on your own you can’t expect to get such a good settlement than a PI attorney is likely to negotiate on your behalf.
An experienced PI attorney knows how to build a strong case and get the settlement you are entitled to. Fill out the Free Case Evaluation today.
*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 the USPS, or any other party, you may not be entitled to any compensation.
