Delivery drivers play an important role in our national economy. Criss-crossing the country, these drivers deliver important goods and services around the clock. However, these delivery drivers have a legal and professional responsibility to drive safely and not put other motorists at risk. All too often, these delivery drivers put speed and product quotas ahead of safety and innocent drivers, passengers, and pedestrians are injured as a result.
Maggiano, DiGirolamo & Lizzi are committed to pursuing justice. We will conduct a thorough investigation of the accident, using our resources to interview witnesses, collect police reports, and obtain medical evidence. Our years of experience have given us the tools and resources to stand up to large corporations, manufacturers, and opposing attorneys alike. If you or a loved one has suffered serious injury due to a delivery truck accident, contact us today for a free consultation. Call (201) 585-9111 or contact us online to speak with one of our experienced car accident lawyers.
Injuries in a Delivery Truck Accident
Drivers and passengers of smaller cars involved in delivery truck accidents are at risk for a number of injuries, including:
- Brain injuries
- Back injuries
- Spinal cord injuries
- Catastrophic injuries
- Severe burns
- Bone fractures
- Internal injuries
- Psychological injuries
It is very important to seek medical attention right away after a delivery truck accident. Many serious injuries are apparent right away, but certain injuries—like a concussion or whiplash—may not appear for hours or even days after an accident. Seeing a doctor right away can help identify internal injuries, and it can actually bolster your lawsuit, should you choose to file a personal injury claim. Seeking medical attention right away gives you reliable medical evidence from right after the accident, and it helps prove that you suffered serious injuries.
For a free legal consultation with a delivery service trucking accidents lawyer serving Fort Lee, call (201) 890-4838
Liability for a Delivery Truck Accident
All New Jersey drivers—including delivery truck drivers—are subject to the New Jersey Vehicle Code, found in Title 39 of the New Jersey Revised Statutes. The New Jersey Driver Manual, available online, offers a simplified version of these rules and regulations for drivers.
When a driver violates one of these “rules of the road,” it poses a serious danger to others on the road, and it can open the reckless driver to liability for injuries caused. However, it is important to note that liability for a delivery truck accident may be more complicated than a typical motor vehicle accident. The delivery truck driver, more often than not, is not the owner of the vehicle itself. The driver’s liability for the accident will depend on the driver’s contract with the delivery company. In some cases, the contract dictates that the company is liable for any injuries caused by negligent drivers. In other cases, the driver might be an independent contractor who is responsible for the accident.
The best way to determine who is legally on the hook for your accident is to contact a New Jersey personal injury lawyer. An experienced attorney will be able to look into the relationship between the driver and the delivery company to determine where liability lies.
Fort Lee Delivery Service Trucking Accident Lawyer Near Me (201) 890-4838
Damages in a Delivery Truck Accident
Personal injury cases come down to “damages,” or the monetary compensation for harm caused by the accident. Damage awards comprise the monetary, mental, and physical harm of the delivery truck accident. These amounts are often agreed upon during settlement negotiations, during which both parties and their attorneys negotiate a fair amount of compensation based on the circumstances of the accident. If the parties are unable to agree, the case can go to court, where a judge or jury will hear the case and choose whether or not to award damages.
There are two types of damages available in a New Jersey personal injury lawsuit: compensatory and punitive damages. The vast majority of personal injury cases deal with compensatory damages, which are designed to compensate the plaintiff for the financial, physical, and mental cost of the delivery truck accident. Compensatory damages include compensation for:
- Current and future medical treatment: includes hospitalization costs, ongoing treatment expenses, rehabilitation costs, and any expected future medical expenses
- Lost wages: compensation for wages lost while out of work due to the injury, as well as decreased earning capacity in the future if the injury will continue to affect the victim
- Loss of enjoyment of life: covers loss of enjoyment of day-to-day activities, recreation, hobbies, and exercise
- Pain and suffering: the physical and emotional pain caused by the accident, including the pain of the physical injuries and ongoing emotional trauma
- Wrongful death: compensation for the family or estate of someone killed by a negligent driver
Punitive damages are reserved for cases of extreme negligence or intentional conduct. These damages are intended to punish the defendant for particularly egregious conduct and are awarded rarely.
When determining liability and damages, New Jersey operates under a “modified comparative fault” system. Under this system, the plaintiff does not have to prove the defendant was 100 percent at fault in the accident to win damages; rather, the plaintiff only needs to prove that the defendant was more at fault. So long as the plaintiff can prove he or she was less than 50 percent at fault, damages may still be awarded. However, the total damage amount will be reduced by the plaintiff’s percentage of fault.
For example, say a woman was driving on the interstate next to a delivery truck when she takes her eyes off the road for a moment to change the radio station. At that moment, the truck driver gets distracted by his cell phone and drifts into the woman’s lane, causing $100,000 worth of medical expenses and damage to her vehicle. If the court decides the woman was 10 percent at fault for not having her eyes on the road, then the delivery truck driver is 90 percent at fault for the accident. Therefore, the woman will be eligible to win up to $90,000 in damages (reduced by 10 percent from $100,000).
Contact a New Jersey Personal Injury Lawyer
If you or a loved one has been involved in an accident involving a delivery truck, Maggiano, DiGirolamo & Lizzi can help. Our personal injury lawyers have more than 80 years’ worth of experience in personal injury litigation, and we have the resources and skills to fight for you. We have collected more than $300 million for the injured in New York and New Jersey, including several large verdicts and settlements in truck accident cases:
- $6.2 million for a commercial truck driver who was struck by another truck driver while pulled off on the side of the road, resulting in a disabling brain injury
- $5 million for a husband, wife, and four children after they were struck by a semi truck making an improper turn
- $2.8 million for a driver who crashed into the side of a truck that pulled into his path, resulting in multiple knee surgeries
- $1.067 million to a truck driver who suffered fibromyalgia after a multi-vehicle accident
Maggiano, DiGirolamo & Lizzi are committed to thoroughly investigating who and what caused your accident. Contact The Law Offices of Maggiano, DiGirolamo & Lizzi at (201) 585-9111 or fill out an online form to schedule a free and confidential consultation with one of our experienced personal injury lawyers.