Experienced New Jersey Attorney Pursues Justice for Clients Injured In Delivery Truck Accidents
Lawyer serving Sussex and Morris counties for more than three decades
Delivery vehicles are a constant presence on New Jersey roads, from large commercial trucks loaded with supplies to Amazon and UPS vans bringing packages directly to homes and businesses. However, these vehicles do not always reach their destination. When one of these vehicles causes a wreck, determining legal responsibility can be more complicated than it appears. At Kevin T. Kutyla, Esq., in Newton, Succasunna and Vernon, I take on large companies and their insurers so that victims of delivery truck crashes can obtain the compensation they’re entitled to for their injuries.
What are the top causes of delivery truck accidents in New Jersey?
Driver error is a frequent cause of delivery truck accidents. Someone rushing to complete their route might speed, follow other vehicles too closely or make unsafe lane changes. Distracted driving is another serious problem because delivery workers often rely on their navigation systems, communicate with dispatchers or search for unfamiliar addresses while in motion. Other common contributing factors include the following:
- Driver fatigue
- Inadequate training
- Improperly secured cargo
- Poor vehicle maintenance
- Failure to check blind spots
- Driving too fast for traffic or weather conditions
Congestion during peak commuting periods increases the likelihood of these collisions. Delivery trucks operating on residential roads and crowded commercial streets also encounter pedestrians, cyclists and parked cars.
Who can be held liable for a Succasunna delivery truck accident?
Unlike most crashes involving a personal vehicle, which is usually operated by the owner or a family member, multiple parties besides the driver might be at fault for a delivery truck crash, including:
- The delivery company
- A contractor that hired or supervised the driver
- The truck’s owner
- A maintenance or repair provide
- A business that improperly loaded the vehicle
- A manufacturer responsible for a defective truck or component
- Another motorist whose conduct contributed to the crash
As an experienced auto accident attorney, I investigate the circumstances surrounding delivery truck accidents to identify every business, individual and government entity that might bear responsibility.
Will the employment status of the delivery driver affect a truck accident claim?
Yes. The law says that when a delivery driver is negligent on the job, their employer may generally be vicariously liable.
The situation becomes more complicated, however, when a company classifies the driver as an independent contractor. That label does not necessarily settle the issue. New Jersey courts can consider how much control the company exercised over the driver’s work, including whether it established routes, schedules and performance requirements. The court may also examine who supplied the vehicle and equipment, how the driver was paid and whether delivery work was a regular part of the company’s business. Based on decades of helping truck accident victims pursue compensation for their injuries, I can give you an informed perspective on how this question might be resolved.
Can a victim sue the delivery company for their injuries?
Possibly. A claim against the delivery company may be appropriate when its employee caused the accident while working. A company may also face direct liability for its own negligence, even if the driver was an independent contractor. For example, a delivery company might be responsible for negligently hiring an unqualified driver, failing to provide appropriate training or retaining someone with a known history of unsafe driving. Liability can also stem from unreasonable delivery schedules, inadequate vehicle inspections and a failure to correct known mechanical issues.
What types of compensation can a victim recover for injuries sustained in a New Jersey delivery truck accident?
Compensation depends on the severity of your injuries. Your recovery might include payment for medical expenses, rehabilitation costs, lost income, reduced future earning ability and other accident-related losses. You may also be able to claim damages for pain, disability, emotional distress and loss of enjoyment of life. A serious injury may require ongoing treatment, prevent you from returning to the same occupation or permanently interfere with your everyday life.
Speak with an accomplished New Jersey truck accident attorney
Kevin T. Kutyla, Esq. has offices in Succasunna, Newton and Vernon to assist victims of delivery truck accidents in Morris and Sussex counties, as well as other parts of New Jersey. To discuss your legal options, please call 973-940-8970 or contact me online.