Why Hire Our Delivery Van Accident Lawyer in Lafayette?
Delivery trucks are everywhere on the roads in Louisiana. Unfortunately, sometimes these delivery vans can become involved in accidents and cause serious harm to others.
If you or someone you love is a victim of a delivery van accident, you need an experienced attorney who can provide the help and support you need. Claims involving delivery vehicles can be especially complicated, but Anderson Blanda & Saltzman has the knowledge and skill needed to navigate the civil justice system and get the compensation you deserve.
Our team of truck accident lawyers in Lafayette has more than 100 years of collective experience representing injured plaintiffs and we’ve handled more than 10,000 claims, earning accolades along the way including membership in the Multi-Million Dollar Advocates Forum and a designation as SuperLawyers. We can bring our legal knowledge and skills to your claim to help you be “made whole.”
To schedule a free consultation and case evaluation and learn how we can represent you, give our Lafayette delivery van accident attorneys a call today at (337) 233-3366.
The Dangers of Delivery Vans
Delivery vans are found on the roads throughout Lafayette and surrounding areas. These vans may be delivering packages for:
- Amazon
- UPS
- USPS
- FedEx
- Local businesses such as florists or dry cleaners
- Grocery stores that provide home delivery
- Other local and national businesses or courier companies responsible for the transport of goods
Sadly, in some cases, the drivers of these vans may work long hours or have minimal training and experience. Fatigued drivers and those who are inexperienced present a tremendous risk on the road as these motorists may be more likely to cause a collision and injure others.
Delivery van drivers could also engage in other high-risk behavior such as speeding and reckless driving in order to meet quotas. When using their GPS to travel to unfamiliar locations to deliver products, they could also be distracted behind the wheel.
These behaviors can both increase the risk of a collision occurring and increase the likelihood of a serious accident that causes devastating injuries to innocent victims.
Who is Responsible for Delivery Van Accidents?
When a delivery van accident happens, it’s crucial to determine the cause. That’s because, in Louisiana, fault rules apply to auto accident cases. These rules enable collision victims to pursue a claim to get compensation from the driver who was at fault or to blame for causing the accident.
Crash victims will need to show:
- The van driver had a duty to behave with reasonable care on the road
- The duty was breached by negligence or carelessness
- The breach of duty was the direct cause of harm for which the victim can be compensated.
Louisiana Civil Code Article 2316 makes clear that careless drivers can be made to pay damages. The statute states that “every person is responsible for the damage he occasions not merely by his act, but by his negligence, his imprudence, or his want of skill.”
Under this law, a can driver is liable if the crash victim can prove that a hypothetical reasonable driver would have been more careful under the circumstances.
Getting Compensation After an Accident Involving a Delivery Van
If you are harmed by a delivery van driver, you should be entitled to be “made whole.” Louisiana law says you can recover compensation for both economic and non-financial losses, which means you should be paid for things like:
- Medical bills
- Lost income
- Pain and suffering
- Emotional distress
- Lost quality of life
In the event of a fatal collision with a delivery van, surviving loved ones can also pursue a claim for wrongful death damages.
You’ll need evidence to prove both that the driver was at fault and to demonstrate the extent of your damages. The sooner you begin collecting it, the stronger your case should be.
Holding Companies Accountable for Losses
In some cases, it’s not just the driver who could be held liable and made to pay damages to victims of a delivery van accident. That’s because of Louisiana Article 2320. This law states that “masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.”
This is called a vicarious liability rule. It makes employers legally responsible for the negligence of their staff if that negligence occurs on the job. A company, in other words, can do everything right and not be negligent itself but if their staff members cause harm while acting within the scope of their duties, the company is accountable because the staff member acts on their behalf.
Pursuing a claim against a delivery driver’s employer could open up the door to recovering more compensation because the company employing the driver likely has more insurance and deeper pockets than the actual van driver. However, the key question is whether the delivery van driver is an employee or an independent contractor.
A substantial portion of delivery drivers, including many drivers for Amazon delivery trucks, are independent contractors rather than employees. They do not work for the companies they are delivering for, so they are not agents of the company.
As a result, vicarious liability rules do not apply. In these situations, holding the company accountable typically is not possible, although some businesses that enter into arrangements with independent contractors may provide third-party liability coverage.
Because of the complexities involved in determining who can be held accountable, it is important for those harmed by delivery van drivers to work with an experienced accident attorney in Lafayette who can assist in identifying all potential defendants who could be made to pay damages.
Get Started Today by Calling Our Lafayette Delivery Van Accident Attorney
Anderson Blanda & Saltzman has represented many clients harmed by delivery vans. We’ll work with you every step of your case from identifying defendants to gathering evidence to making a compelling claim — and we’ll never stop advocating for you to get the justice you deserve.
To find out more about how our Lafayette delivery van accident attorneys can help you, give us a call today at (337) 233-3366. You can schedule a free case evaluation and learn more about the services we provide to help you get the compensation you both need and deserve.