(845) 802-0047One of the most erratic vehicles on the roadway may be delivery vans. These vehicles are constantly starting and stopping, scanning for numbers and street signs, and whipping in an out of driveways or roadways. While some delivery vans are the sign of normal vans, some businesses are supersizing the size of their vehicles to fit in more cargo. Other businesses already have larger vehicles, like UPS, FedEx, and the U.S. Post Office. New York trucking accidents involving these types of delivery vans can result in very serious personal injuries and even the wrongful death of occupants.
There are several reasons why delivery vans are potentially damaging and very dangerous vehicles on the roadway. These include the following reasons:
- They are larger vehicles and more difficult to maneuver;
- Large vehicles mean larger blind spots;
- Drivers are looking for addresses, numbers, and street signs and not necessarily paying attention on the roads;
- Cargo may block or impair visibility in the front of out the back, or some delivery vans may not have windows;
- Drivers may be playing with the GPS to find a delivery location;
- Businesses fail to properly inspect and maintain their vehicles;
- Negligent hiring, training, and supervision of drivers;
- Vehicle and traffic violations; and
- Other common errors.
Damages in New York Trucking Accidents Involving Delivery Vans
The damages in a New York trucking accident involving delivery vans depend on several factors. This includes the speed of the collision, the size of the delivery van, and the weight of the delivery van. These factors determine momentum, which is how much force a delivery van will generate in a collision. The greater the force, the greater the extent of damages to the vehicles and to the passengers of these vehicles.
Some of the most common injuries caused by New York trucking accidents involving delivery vans include the following:
- Traumatic brain injuries;
- Spinal cord injuries;
- Broken bones or fractured bones;
- Joint injuries, such as shoulder injuries, knee injuries, or hip injuries;
- Amputations;
- Significant lacerations;
- Paralysis;
- Brachial plexus injuries (arm nerve injuries);
- Orbital blowout fractures;
- Lacerated organs or ruptured organs;
- Burn injuries;
- Disfigurement;
- Wrongful death; and
- Other serious injuries.
Liability in a New York Trucking Accident Involving a Delivery Van
There are really two parts to every personal injury case. Damages, such as the injuries discussed above, and liability, which is who is at fault for the subject accident. There are several ways to determine liability or fault. The most common way is through the doctrine of negligence. This is when a person or entity fails to comply with the applicable standard of care. The standard of care for operating a motor vehicle is to use reasonable care under the circumstances in the use and operation of a motor vehicle. If a delivery van driver fails to do this, he or she may be liable. The standard of care may also be violated in pre-accident conduct, such as failing to properly maintain a vehicle or do repairs.
There may also be liability if New York Vehicle and Traffic Laws are violated. This is under the doctrine of negligence per se, which automatically holds a defendant liable for personal injuries if a statute is violated, the statute is meant to protect the victim from harm, and the harm is caused by the violation.
Who is Liable for a Delivery Van Accident?
When a delivery van causes a New York trucking accident, there could be multiple parties at fault. The most obvious party that could be at fault is the delivery van driver. This could be the failure to use reasonable care under the circumstances, the failure to comply with the Vehicle and Traffic Law, or the failure to properly maintain a vehicle.
The next most obvious liable party is the business that the delivery van driver is working for. This business is actually the most liable because any actions of the delivery van driver within the scope of employment are considered to be imputed on the business. This is known as the doctrine of respondeat superior, which automatically makes the employer liable for the negligence of the employee while within the scope of business. Businesses could also be liable if they are independently negligence, such as hiring inexperienced drivers, poor training, no supervision, and failed repairs on vehicles they give to drivers.
Other liable parties could be other motorists, pedestrians, cyclists, or others on the roadway. A State, County, or Municipality may also be at fault for the New York trucking accident based on the way that the road is constructed, maintained, or otherwise designed. Lastly, the victims may be at fault for the crash.
In fact, it is very likely that the delivery van company will blame you, an individual injured in this type of New York trucking accident, for your own injuries. An insurance company will claim you are liable while also diminishing your injuries. You may even get bullied by the delivery van driver, the business, and their insurance company all pointing the finger at you.
Do not let this happen. Hire a New York trucking accident lawyer that will fight back at the delivery van driver, company, and insurance company to protect your rights. Call us to schedule a FREE consultation to learn how we can help you fend off these defendants to ensure you get the compensation you deserve for your pain and suffering, lost wages, medical bills, future lost wages, property damage, emotional injuries, loss of affection from family, and other possible damages.