With the enormous increase in e-commerce over the past decade, package deliveries have skyrocketed. Global parcel delivery exceeded 131 billion pieces during the pandemic, a 27% increase. In the United States, parcel volume increased 37% to more than 20 billion pieces. These numbers will only continue to grow. And with this increase comes accidents. Let the Michigan delivery truck accident lawyers at the Lee Steinberg Law Firm help you get the maximum settlement amount.
The average person now receives over 60 packages every year. These packages are delivered by huge package delivery companies, such as Amazon, UPS, Fed Ex, DHL, USPS, and other smaller delivery services. UPS is still the industry leader, but Amazon is gaining fast and is soon set to become the biggest package delivery company in the country.
Inexperienced Drivers and Negligent Hiring
With the huge increase in shopping from online shopping since the COVID-19 pandemic, these companies have hired tens of thousands of drivers and added thousands of vehicles to their fleet. Many of these drivers have no commercial driving experience and are provided little training. Companies are so desperate for drivers many fail to conduct safety background checks or criminal checks on drivers.
This has led to an increase in the number of accidents involving package delivery vans and trucks. Many of these accidents lead to severe personal injuries caused by the negligence of a distracted or speeding driver.
An experienced delivery truck accident attorney can help you recover the compensation you deserve following a crash with an Amazon van or FedEx delivery truck. This includes the payment of outstanding medical bills, future medical expenses, lost wages, and pain and suffering.
Who Must Pay for Injuries Caused by a Delivery Person?
There are different defendants an injured person can sue for causing an accident while delivering packages.
First, the negligent driver is responsible and a proper defendant. Under the law, a negligent driver is responsible for the injuries and pain and suffering they cause. Second, the company the driver works for can be held responsible. This occurs under a principle known as respondent superior. This legal doctrine holds an employer or company responsible for the negligent acts of their employees and agents.
In addition, the owner of the delivery truck or van can be liable for the injuries caused. Under the Michigan Owners’ Liability statute, the owner of a motor vehicle is strictly liable for the injuries caused by the driver.
The experienced delivery truck accident lawyers at the Lee Steinberg Law Firm can help you determine the correct defendants.
What are the Main Causes of Delivery Truck Accidents?
Delivery truck drivers are now sometimes dropping off dozens of packages a day to homes and Delivery truck drivers sometimes drop off dozens of packages daily to homes and businesses. They have a strict schedule and are expected to deliver within a specific time frame. This can lead to drivers who make bad choices while driving. Common causes of delivery truck accidents include:
- Speeding
- Driving while distracted
- Looking at cell phones or smartphone devices while driving
- Running a red light
- Making an illegal turn
- Disregarding a yield or stop sign
- Improper turns
- Fatigue or driving while tired
- Drinking and driving
- Driving too fast for the road conditions
- Wrong way accidents
Sometimes, delivery vans and trucks are not maintained properly or loaded in an unsafe manner. Vehicles that are not loaded properly can flip when the cargo is not secured. This can lead to tragic and catastrophic injuries for the truck operators, innocent drivers, and pedestrians.
Amazon Last Mile Delivery
Amazon now makes an incredible number of deliveries from its warehouses all over Michigan. The last part of the logistics chain, where a package is delivered to the office or home, is called ” last-mile delivery.”
Amazon uses a technology called Netradyne that includes 4 HD cameras. These cameras record the road and help activate safety features if the driver does something wrong while driving. This system is called DriverI. The DriverI system records video but doesn’t record a driver’s audio. It will upload video footage and warn a driver if they fail to follow safety rules, like running a red light or speeding.
Amazon and its Delivery Service Partners (DSP) also monitor driver safety through different apps. Amazon drivers are required to log in to the app each day before starting the day’s deliveries. The app monitors the driver and calculates a safety score for the driver. The scores are then compared to those of other drivers. These devices are sometimes known as rabbits.
Amazon has also instituted Automated Vehicle Inspection (AVI) technology. At the end of each day, DSP drivers must drive through an AVI archway that contains a series of plates equipped with sensors and cameras. The sensors are supposed to identify problems, classify them based on severity, and immediately send the results to a computer. From there, a DSP can determine the fixes and services they need to perform.
A law firm that knows how Amazon operates is integral in getting the money and compensation you deserve following a truck crash. Let our Michigan delivery truck accident lawyers help you.
What are Common Injuries from Delivery Truck Accidents?
The injuries caused by truck accidents can vary widely. Some minor impacts result in a neck strain or a pulled-back muscle that resolves in a few days. However, sometimes the injuries are much more severe and long-lasting. These injuries can result in missed time from work, doctor bills, emergency medical bills, physical therapy, rehabilitation, and even surgery.
The types of injuries caused by delivery trucks include:
- Low back pain and lumbar radiculopathy
- Neck pain and cervical radiculopathy
- Disc herniation
- Muscle spasms and sciatic nerve pain
- Broken bones, such as a fractured leg, arm or elbow
- Torn ligaments in the knee, shoulder, or ankle
- Torn tendons
- Closed head injury
- Traumatic brain injury resulting in memory loss, dizziness, and blurred vision
- Death
Who Pays for My Medical Bills and Lost Wages After a Delivery Truck Accident?
If an Amazon driver or Fed Ex truck operator causes an accident while making a delivery, the payment of medical bills and lost wages may not be their responsibility. Instead, under the Michigan no-fault law, your own auto insurance must pay all medical bills up to the PIP (personal injury protection) coverage limit. Your own auto insurance will also be responsible for paying lost wages for up to 3 years.
The following is the order for who pays medical bills and wage loss after a truck accident in Michigan.
- Your own auto insurance – if you have car insurance, your car insurance company is responsible for paying PIP benefits. This is true even if your vehicle or vehicles had nothing to do with the accident. If you are a named insured on the policy, your auto insurance must pay all first-party benefits.
- The auto insurance company of a resident relative – this includes a spouse, sibling, child, parent, and possibly other relatives. Again, it doesn’t matter if their car had nothing to do with the crash. That insurance carrier must step up and pay all first-party benefits.
- The Michigan Assigned Claims Plan (MACP) – If an injured person does not have auto insurance and does not live with a relative who has car insurance, then they MUST turn to the Michigan Assigned Claims Plan or the MACP. The MACP is run by the Michigan Automobile Insurance Placement Facility. The MACP is run by the Michigan Automobile Insurance Placement Facility.
Only when all the PIP medical coverage is used up is the at-fault vehicle’s insurance company liable to pay medical bills and wages. A Michigan delivery truck accident lawyer who understands Michigan’s complicated no-fault law can ensure you get all the benefits you are entitled to.
What are the Attorney Fees or Costs to Hire a Delivery Truck Lawyer?
At the Lee Steinberg Law Firm, we never charge a fee until we settle your case. This means there are no upfront charges or retainer fees. It’s very simple: We don’t get paid until you get paid.
How Much Time Do You Have To File A Lawsuit?
There is a certain amount of time to file a lawsuit against a truck or delivery package company for negligent driving. This is called the statute of limitations. Under Michigan law, the statute of limitations for pain and suffering is three (3) years from the date of the accident.
However, there are different rules against certain defendants. For example, the Federal Torts Claims Act covers cases against the United States Postal Service (USPS). The FTCA governs when, how, and where a negligence claim against the postal service can proceed. This includes demonstrating that (1) he was injured or his property was damaged by a federal government employee; (2) the employee was acting within the scope of his official duties; (3) the employee was acting negligently or wrongfully; and (4) the negligent or wrongful act proximately caused the injury or damage of which he complains.
As part of the FTCA, an injured person must file a Standard Form 95 with the federal government. The government requires a Form 95 to be filed within 2 years of the crash to establish the claim. This Form asks for basic personal information, the basis of the claim, including injuries, the names and addresses of witnesses, and the exact amount claimed.
Contact a Michigan Delivery Truck Accident Lawyer
The experienced and knowledgeable Michigan delivery truck accident lawyers at the Lee Steinberg Law Firm specialize in truck accident and delivery crash lawsuits.
Our team of dedicated attorneys and legal professionals is ready to help. We can start our investigation immediately and will hold people accountable. Call us at 1-800-LEE-FREE or 1-866-649-1830.