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Can You Sue If You're Hit by a Delivery Truck?

By Brett Snider, Esq. | Last updated on

When a delivery truck slams into you, you may be wondering how you can legally recover.

You might be thinking, "The driver doesn't have the money to pay for my injuries or damage to my car, so how can I possibly sue?" And since delivery drivers may be skittish about revealing their employer's identity, how can you go after the party with bigger pockets?

Take heart, here are some potential ways you can sue if you're hit by a delivery truck:

Sue the Delivery Company

If you've been T-boned by a FedEx truck, one potential solution would be to sue FedEx. Companies are typically held liable for their trucks (and the accidents they cause) as long as:

  • The truck driver is an employee, and
  • The driver was acting within the scope of his or her employment.

It's still possible that the driver was an independent contractor or was on lunch break when the accident occurred. But odds are that a delivery company will be held at least partly liable if it's proven that its truck hit your vehicle.

Sue the Driver and Employer

Suing the delivery company doesn't preclude you from suing the driver of the truck as well. Even if the company is found not to be liable, you may be able to recover for medical bills, lost wages, and other costs related to your injuries from the driver at fault.

By suing both the driver and the associated company, you may be more likely to be completely compensated by one or both parties.

Hit-and-Run or Unknown Truck

If you believe that your vehicle was hit by a delivery truck while parked, you can still recover even if you don't know which company the truck belonged to. Your attorney can still file suit even if you don't know who injured you, and your lawyer can help you investigate and find the delivery truck culprit.

Remember, in many states, even if a truck driver hits a parked car and causes property damage, it may be illegal for the driver to simply leave the scene. These laws can help you prove that the driver was negligent and can possibly speed up your road to recovery.

Don't let your delivery truck injuries or damages go unanswered, have your case reviewed by a personal injury attorney as soon as possible.

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