Delivery Trucks and Last-Mile Accidents: A Growing Issue in Texas Cities
The rise in e-commerce has resulted in a dramatic increase in last-mile deliveries throughout Texas. As a result, there are more delivery trucks on the road across the Lone Star State and a rising number of last-mile accidents. However, it is not just the added number of vehicles that is a concern; it is also factors such as tight schedules and driver fatigue that are contributing to those increased numbers.
What should you do if you are involved in a last-mile accident on Texas’ roads? Your focuses should be tending to your medical needs, documenting the scene, requesting law enforcement and consulting delivery truck attorneys.
Rising Incidences of Delivery Truck Accidents in Texas
What are the major factors that are causing rising incidences of delivery truck accidents in Texas and so many last mile accident lawyers to be consulted?
Increased Delivery Volume
The simple fact that traffic has increased as a result of greater delivery volume is a substantial contributing factor.
That is because it is always safer to be driving with fewer other vehicles on the road – i.e. vehicles that you could potentially have a crash with. This is similar to how you are more likely to physically bump into someone in a crowd than if you were walking alone or in a sparsely populated area.
As a result, this factor is even more of a contributing one in major metropolitan areas, such as Houston and the Dallas-Fort Worth metroplex.
Tight Delivery Schedules
However, there is so much more to this issue than simply an increase in vehicles. One is tight delivery schedules. On the surface, that is not necessarily a bad thing, but it becomes one when drivers are unsafely rushing to their destinations because they are worried about receiving penalties or even losing their job.
As a result, driver negligence increases. Examples of this occurring include them changing lanes without signaling, speeding, running through red lights or stop signs and using their phone while driving.
Narrow, Crowded Streets
Some streets in Texas are narrow and crowded, and that number is increasing as far as their crowdedness is concerned. These areas can be especially difficult to navigate for delivery truck drivers, resulting in their being involved in crashes and similar types of incidents more often than was the case before.
Driver Fatigue
Drivers can be quite tired as they rush along Texas roadways en route to all of their destinations. This tiredness can be the result of a driver working while sleep-deprived or sick when they should be resting instead. Although this is very much an issue year-round, it can be especially pronounced during the holiday season, when they are attempting to earn more money and meet higher demands.
Also note that reduced oversight in many of these types of situations, which is especially likely when gig employees are being used for last-mile deliveries, can result in drivers operating trucks while more tired than they would have been had they been experiencing more direct oversight.
When a driver is fatigued, they will usually fail to perceive and react to hazards nearly as quickly as they would have had they been well-rested.
Insufficient Vehicle and Equipment Maintenance
A lack of oversight also tends to lead to vehicles and equipment not being maintained at the levels that they should be and are legally required to be. Regardless of if this driver is working for a delivery company or is a gig employee, a delivery truck wreck attorney will most likely check their maintenance logs and see if the vehicle had been kept in safe working order.
Some of the issues that can result from insufficient vehicle and equipment maintenance include brake or transmission failure, missing safety equipment, defective turn signals and tires that are too worn out.
Distinctions in Liability for Delivery Companies
Although all delivery companies could potentially be held liable for these types of accidents, there are important distinctions amongst them to take note of.
Amazon
As delivery truck wreck lawyers know well, determining liability for an accident involving an Amazon last-mile delivery truck can get complicated. That is because the driver might be employed by the company, could be a gig employee or other type of independent contractor or may even be an Amazon Delivery Service Partner, a situation that usually involves a third-party organization handling things instead.
If the accident that a delivery truck collision lawyer is investigating involved an Amazon Prime Air or Freight Partner driver, a company employee was most likely behind the wheel. However, most of Amazon’s other types of deliveries involve Amazon Flex drivers, who are operating their own vehicles, or DSP drivers, who are using a third party’s trucks.
UPS
Conversely, UPS has made things much simpler for delivery truck collision attorneys as all of its drivers are directly employed by that delivery company. As a result, UPS will usually be held responsible for any last-mile delivery accidents that occur involving vehicles that were driven by those employees.
FedEx
FedEx is in the middle of these three major e-commerce delivery companies as far as how complicated determining liability can be for delivery truck accident attorneys. That is because it uses its own employees as well as independent contractors.
Although there are exceptions, if an accident involved a FedEx Express truck, FedEx would usually be the liable entity while a crash that a FedEx Ground vehicle was a part of would normally be connected with one of those independent contractors.
That said, it is also possible that FedEx would be held responsible even if an independent contractor was driving. One example of how this could occur would be if the crash was the result of a driver being given unreasonable delivery timelines by FedEx.
Potential Recoverable Damages for Victims
If you have been a part of a last-mile delivery accident, you are likely wondering what the potential recoverable damages are for you so that you can be fairly compensated for what happened.
Medical Expenses
Any medical expenses that you incurred as a result of a last-mile accident are potentially recoverable. Those not only include expenses related to treatment that you received at the scene or at a hospital immediately afterwards but also on-going treatment. For example, if you were in this type of crash and are now getting regular treatment for a related spinal cord injury or catastrophic injury, that would be included amongst eligible medical expenses.
Lost Wages
Did you miss out on work because this type of accident injured you severely enough that you were unable to go into the office? Those lost wages are recoverable as well. Not only that, but so is potential future income that you no longer expect to receive as a result of what happened. For example, that earning potential could have been greatly reduced or eliminated if your injuries are serious or will be lifelong.
Pain and Suffering
You may also experience pain and suffering that did not lead to direct economic damage but that could also be defined as recoverable damages.
What is pain and suffering in a legal sense? Simply put, it is physical, mental or emotional anguish that resulted from the crash. Examples of how that can be shown include through physical pain, grief, resulting mental disorders, being unable to sleep or experiencing poor sleep quality or damage to your reputation.
Property Damage
Any property that was damaged as a result of the accident is eligible for reimbursement as well.
Of course, this can involve your vehicle itself, but it can also include any property of yours that was inside the vehicle as well as other types of relevant property. Examples of the latter include fences, bicycles, trees or even a house. For example, if you were not driving at the time but were instead riding a bicycle when you were hit by a last-mile delivery driver, your bike would likely be defined as property damage that you could be reimbursed for.
Punitive Damages
Punitive damages are not typically awarded in last-mile accidents or, for that matter, any type of vehicular crash. However, your case may be eligible for these types of damages, and if it is, your delivery truck accident lawyers will pursue that.
What are punitive damages? In Texas, they are referred to as exemplary damages, and they consist of damages that have been awarded as a means to further punish the party or parties most responsible for a last-mile crash. They can be awarded if malice or gross negligence played roles in what happened.
Note that the intent is solely to punish. Although you can obviously keep any punitive damages that you have been awarded, reimbursing you further for what you suffered through is not their intent.
Steps to Take After a Delivery Truck Accident
You have just been involved in a crash with a FedEx, UPS or Amazon delivery truck that was part of a last-mile delivery. What should you do to ensure that your health is looked after and the chances of you receiving a fair settlement are maximized?
Contact Law Enforcement
Call 911 in order to request law enforcement. This is an especially important step as even if everything otherwise goes smoothly in relation to this accident, it is pivotal to have an official police report to consult that provides an official record of it. This is also something that your delivery truck collision lawyer will most likely analyze closely as they determine the best ways to get you fairly compensated for what happened.
Also note that it is a legal requirement to call for police after a vehicular accident in Texas in most circumstances, including if any injuries or deaths resulted from it or if there was property damage that exceeded $1,000.
Document the Scene
Assuming that you are able to – i.e. you are not too injured to do so – document the scene as best as you can; take photographs and videos of all relevant elements of it. Those can feature your vehicle, any other involved vehicles and their license plate numbers, skid marks, areas where you would have expected skid marks to exist but none do, damage to property inside and outside of your vehicle and otherwise.
Also take notes or record yourself talking about details of the accident soon after, while your memory of it is still fresh. That said, you may want to repeat this step later that day or the next day in case you were in shock at the time and did not remember some details that came to mind later.
Seek Medical Attention
Whether as part of that initial 911 call, through a request of the responding law enforcement officer or otherwise, seek medical attention. You can go to an urgent care facility for this purpose. Regardless of how you do this, it is important to get it handled even if you do not feel hurt as many types of injuries are not immediately apparent. Also, shock can warp your ability to accurately self-analyze how hurt you are.
Consult With an Attorney
As soon as possible after the crash, consult with a last mile accident attorney. This should also be done before communicating with the trucking company’s or anybody else’s insurance company at all and prior to providing anything more than essential, basic information about the accident to your own insurance company.
This attorney will analyze details related to the crash, ensure that all deadlines are met and negotiate potential settlements with relevant parties.
Get Help From Haney Paschal & Romoser, P.C.
Haney Paschal & Romoser, P.C. delivery truck collision attorneys offer a wealth of knowledge of Texas law, the ability to thoroughly and effectively analyze last-mile delivery documents and evidence and the know-how to negotiate with delivery truck companies, third-party entities and all relevant insurance companies.
If you take advantage of our services, we will be in your corner the entire way, ensuring that you are as fully compensated as possible for what happened, avoiding a trial if a negotiated settlement is a fair one and serving as your legal counsel if a positive verdict at a trial is necessary to get you reimbursed.