The ever increasing popularity of online shopping and delivery services means that delivery trucks are a constant on the U.S. roads. You are likely to see them all around you on the roads at any time of year.
As a result, accidents involving delivery trucks are also on the rise, and if you ever find yourself involved in one, here is what you to know before filing for compensation.
Delivery services liability
Delivery companies have a responsibility to conduct proper recruitment and training of their drivers and to maintain the roadworthiness of their trucks. The court may order a hefty fine or revoke licenses of companies found guilty of operating unroadworthy trucks or violating other federal safety regulations.
Sometimes, delivery truck accidents may occur due to mechanical shortcomings that are beyond the company’s control. In such instances, the manufacturer of the truck or its faulty components, as well as the manufacturer or sellers of the defective parts involved, may become involved in the case.
As with any other type of accident, the police will investigate the delivery truck driver in order to identify the cause of the accident. The court may convict the driver if the evidence presented shows that he or she clearly violated traffic rules.
Maintenance company liability
The court may also penalize a maintenance company in a case where the accident occurred due to poor truck service and faulty maintenance.
Tennessee uses the modified comparative fault system. If you are 49% at fault or less, you may recover damages. However, you may not recover anything at all if the investigation reveals that you are 50% or more at fault for the accident.
If your fault is less than the 50% bar, at court, the judge or jury will determine the amount of your damages, and then subtract your percentage of fault from the total of the award. So, if you held 25% of the responsibility for the collision, then a $100,000 verdict would become $75,000.