Delivery Truck Accident Attorney
Delivery Truck Accident Lawyer Helping Truck Accident Victims Get Financial Compensation from Negligent Delivery Drivers Causing Injury
Our delivery truck accident lawyer help get financial compensation for injuries caused by negligent delivery drivers. Our law firm has helped car & truck accident victims since 1983 settling hundreds of millions of dollars in cases. We have some of the top truck accident results in the U.S.
The rising number of delivery truck drivers creates an increasing number of delivery truck accidents. According to the Bureau of Labor Statistics as of 2022, there were at least 1,705,600 delivery truck drivers. This same government website indicates that delivery truck drivers will increase 10% or 203,800 new drivers per year through 2032.
According to Fortune.com Amazon will deliver 5.9 billion packages in 2023 which is more than UPS or FedEx. FreightWaves reports that shipping activity will grow 5% per year. and Pitney Bowes reports that 5,100 packages are shipped every second which is up from 2021.
Given this amazing increase in shipping activity and delivery truck jobs, there is little doubt that from 2023 to 2032, increased delivery truck accidents will occur causing thousands of injuries and fatalities.
Our delivery truck accident attorneys help you receive financial compensation for pain and suffering, mental anguish, loss of enjoyment of life, scarring and disfigurement, medical bills, wage loss and all other financial losses from your truck accident. We bring claims for all of your economic and noneconomic damages.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys®. Our primary offices in Wichita and Western Kansas in Garden City are only a short drive. Our office location in Wichita is 10111 E. 21st Street North, Suite 202, Wichita, Kansas 67206. In Western Kansas, our office is located at 3102 E. Kansas Avenue, #100, Garden City, KS 67846.
When you hire TALG you get experienced delivery truck accident attorneys who have helped trucking accident injury victims for decades. Our team approach uses a proprietary and confidential case development method that helps win cattle hauling accident cases. Your team will include a truck accident attorney, a legal assistant, and a case manager.
Write us on out contact page or call us night or day for a free consultation at 316-330-9200. You can talk to a delivery truck accident lawyer 24 hours a day.
What are the 15 Top Causes of Delivery Truck Accidents?
Delivery truck accidents are caused from a variety of delivery vehicles including, trucks, van and box trucks, personal vehicles, semi-trucks, and many different motor vehicles including the new Rivian electric delivery vehicles that Amazon started delivering packages with.
The top 15 causes of delivery truck accidents are:
1. Driver Error, Inattention and Distraction.
The Federal Motor Carrier Safety Administration (FMCSA) reported that 71 percent of all large truck crashes are a result of the truck driver performing a task unrelated to driving. The CMV Driving Tips page reported that 80 percent of truck driver accident happen from driver inattention in the 3 seconds prior to impact.
2. Inadequate Driver Training.
The FMCSA requires proper truck driver training. Unqualified delivery truck drivers who have not had sufficient defensive driving training tend to have more accidents. Driver training is so important that the DOT and FMCSA created a category on unfit drivers who are unfit due to lack of training which is called the Driver Fitness BASIC.
3. Inadequate Driver Supervision.
Delivery truck transportation companies must supervise their drivers to ensure they are safe drivers and fit to drive. Supervision monitors the drivers for moving violations, accidents, drug and alcohol use, fatigued driving, and problem areas. Supervision will reduce crashes, injuries, and fatalities.
4. Sudden turns.
Large trucks, vans and box trucks are known to make rapid sudden turns, sometimes without turn signals and warning. Large trucks require more space and will make accidents from the wrong lane causing collisions with the adjacent passenger cars.
5. Abrupt lane changes.
Abrupt lane changes occur when a passenger car is in a blind spot and does not know the truck driver cannot see them. Remember that if you cannot see the truck driver’s face in the rear view mirror, they cannot see you. Stay out of blind spots and be cautious around large vans and box trucks.
6. Equipment Failure.
Delivery trucks that are on the road seven days a week require routine maintenance and repair. Brake failures are a large cause of delivery truck accidents. The truck driver may be unable to stop to prevent an accident when the brakes need repair.
7. Lack of a Company Safety Program.
The FMCSA understands safety programs are essential to prevent accidents and injuries. The FMCSA created the Safety Management Cycle (SMC) and 6 Safety Management Processes (SMPs) for management to do safe qualification and training of drivers, use communication, set up safety policies and take meaningful actions to discipline and reward drivers.
8. Sudden stops without warning.
Delivery trucks make sudden stops when searching for the delivery location and pass by the home or business. These sudden stops can cause the vehicle behind them to crash into them. Maintain safe space away from delivery trucks.
9. Backing up.
The reason laws make trucks beep when backing is to provide warning to others the vehicle is backing. When the delivery truck is wide or long it can cause a blind spot to the rear of the truck. Careless delivery drivers will back up without looking.
10. Speeding.
The FMCSA study called LTCCS learned that 23 percent of truck accidents are from the truck driver driving too fast for the existing conditions.
11. Following Commands of Mapping Systems.
Most delivery drivers are using Google or Apple Mapping or company directional map devices. Sometimes, the device will provide a warning like U-turn or other command that often causes delivery drivers to make rapid driving changes following the command which leads to accidents.
12. Inadequate Evasive Action.
The FMCSA found that 14 percent of all truck accidents are caused by the truck driver failing to take evasive maneuvers to avoid an oncoming accident.
13. Inadequate Driver Discipline Policies.
The delivery truck industry requires that the delivery companies create disciplinary policies and safety recognition policies so that a driver knows when they are not following safety policies like the 3 strike rule that gives a warning on the first violation, suspension on the second and termination on the third.
14. Not Using Parking Brake.
Delivery drivers are always in a hurry to rapidly deliver all packages within the day. Sometimes, they will leave the truck in gear and forget to place the emergency brake on which can cause the truck to lunge forward into a car, motorcycle, or pedestrian where it causes an accident.
15. Improper Load Securement.
Delivery drivers are delivering many different sizes and shapes of packages. The trucks may have loose objects or improperly loaded packages which can cause weight in the truck to shift and cause the driver to cross a lane of travel where an accident happens.
What are the Top 5 Delivery Companies?
The top 5 delivery companies are:
1. Amazon Logistics.
Amazon Logistics is the delivery division of Amazon. As of 2023 Amazon had over 1,500,000 employees. Amazon Logistics employs over 275,000 delivery drivers. Pitney Bowes reported that Amazon, including Amazon Logistics handled 22.6% of all packages shipped in the US while the Logistics division alone handled 13.1 percent of packages shipped in the US.
2. UPS.
Annual revenue exceeds $97 billion U.S. dollars. They have more than 534,000 employees. Worldwide deliveries in over 200 counties. Pitney Bowes reported that UPS had 24.3 percent of the shipped packages in the US. The UPS website reports in 2024 that it has 330,000 full and part-time Teamsters repented jobs.
3. FedEx.
Annual revenue exceeds $83 Billion U.S. dollars. They have more than 547,000 employees. Pitney Bowes reported that FedEx has 19.1 percent of the shipped packages in the US. NBC News reported that FedEx works with nearly 5,000 independent contractors who employ approximately 100,000 workers to assist with loading and driving.
4. DHL Group.
Annual revenue exceeds $90 Billion U.S. dollars. This company has more than 600,000 employees in over 220 countries according to the company website. DHL is a primary international shipping company and is based in Germany.
5. USPS.
The United State Postal Service has revenue exceeding $77 Billion U.S. dollars. The Bureau of Labor Statistics reports that the USPS has 326,760 employees. This is the only company that reaches all addresses in the United States.
How Many Amazon Drivers are Injured Annually and Why is the Number so High?
CNBC reported that almost one of every 5 Amazon delivery drivers were injured in 2021. The study found that injury rates for Delivery Service Partners (DSP) drivers rose by 38 percent from 2020 to 2021. The reason for the increase are the high production pressure and delivery quotas “push Amazon . . . DSP drivers to risk injury as they rush to hit delivery targets.”
The Amazon system of discipline has been reported to be the culprit for causing the pressure that drivers feel to move at unsafe speed in order to meet the delivery quotas. Drivers who fail to meet the quotas are often terminated. Because Amazon also hires DSP drivers as independent contractors through its Amazon Flex app, the true higher number of injuries is not readily available.
According to The Strategic Organizing Center (SOC) Coalition of Labor Unions, the injury rate reported by Amazon was 8.5 per 100 workers in 2021 which was 13% higher than the courier and delivery industry. As of 2021 Amazon had 2000 DSPs in the US creating 115,000 jobs. Amazon was reported to pass UPS and FedEx becoming the largest delivery service in the US by 2022.
When a Food Delivery Driver Causes an Accident who is Responsible?
Food delivery drivers can drive negligently and cause motor vehicle accidents with other drivers due to delivery schedule pressure of their employer to make on time deliveries. When they drive negligently and do so because of time pressure, both the driver and the food company can be held responsible.
To prove a food delivery driver is negligent there is certain critical evidence that the food delivery accident lawyer will look for to prove their fault:
1. Lack of driver safety training.
Most food delivery companies do not provide defensive driver training courses or do any testing of the driver’s knowledge of safety rules applying to motor vehicle accidents. This lack of training is one of the more significant causes of food delivery accidents.
2. Evidence of delivery instructions.
While some food delivery companies like UBER Eats may have a computer system that provides delivery instructions many of the smaller food service delivery drivers are sent obscure texts and receive phone calls. The Delivery driver accident attorney must use spoliation letters and discovery methods to reveal how actual delivery instructions are received.
3. Written and oral policies on time for delivery.
All food delivery companies push their drivers to make rapid delivery because of food temperature and complaints from customers. Pizza delivery companies like Pizza Hut will use instore electronic tracking boards to ensure the delivery driver makes a rapid delivery returning back to the store to get the next delivery.
4. Disciplinary policies.
Food delivery drivers are usually under strict on time delivery requirements. Not only do they get disciplined when the food is late, they may have reductions in pay, termination, or other penalties. Similarly, the companies reward them with incentives for rapid delivery which causes them to speed, run stop signs and light and cause car accidents.
5. Computer data from software programs tracking delivery times of pickup and delivery.
Delivery data including time of pickup and time of delivery are tracked by software programs so management can ensure the rapid delivery requirements are met. The delivery driver accident attorney must obtain the actual data from your accident and training manuals to understand how it works.
6. Use of navigation devices.
Most food delivery companies have navigation software that is used by the delivery driver to know where to go to pick up and delivery foods. This same software can help provide evidence of a reckless pattern and business routine for pushing drivers to break laws in order to deliver food orders rapidly.
7. Management depositions.
Experienced food delivery accident attorneys must use very detailed written questions called interrogatories and requests for product of documents to get the proof that the food delivery company has designed unsafe rapid delivery procedures that push drivers too fast under fear of losing their jobs. The evidence can help increase the value of your financial compensation.
What are the Top Food Delivery Companies?
1. Uber Eats.
Statista reports that in 2022, Uber Eats surpassed other food delivery companies with revenue of $10.9 billion U.S. dollars.
2. Delivery Hero.
Statista reported that Delivery Hero had $9.2 billion U.S. dollars in revenue.
3. Door Dash.
Statista reported that Door Dash had 6.58 billion U.S. dollars in revenue. Bloomberg reported that by 2023 Door Dash owned 66 percent of the total food delivery market surpassing Uber Eats with only 23 percent of the market.
4. Just Eat Takeaway.
Statista reported that Just Eat Takeaway had 5.96 billion U.S. dollars in revenue.
5. Deliveroo.
Statista reported that Deliveroo had $2.4 billion U.S. dollars in revenue.
6. Grub Hub.
Bloomberg reported that Grub Hut and its subsidiaries had about 8 percent of the food delivery market and it was acquired by Just Eat Takeaway in June of 2021.
7. Post Mates.
Uber Eats acquired Post Mates in November of 2020 which according to the same Bloomberg report only had 2 percent of the total food delivery market share.
What are the Top Pizza Delivery Companies?
- Domino’s Pizza.
Domino’s Pizza had 8.57 billion U.S. dollars in 2022 in pizza delivery sales according to Statista. - Pizza Hut.
Statista reported that Pizza Hut came in under Domino’s Pizza at 5.26 billion U.S. dollars in revenue in 2022. - Little Caesars.
Little Caesar’s had 4.72 billion U.S. dollars in revenue in 2022. - Papa Johns.
Papa John’s was reported to have 3.71 billion U.S. dollars in revenue in 2022. - Marco’s Pizza.
Marco’s Pizza was reported to have 1.06 billion U.S. dollars in revenue in 2022.
When is a Food Delivery Driver At Fault?
A food delivery driver is usually at when their driver is negligent and proximately causes an accident resulting in injuries.
After an Accident with a Food Delivery Driver Who Can I Sue?
If you have been injured with car or motor vehicle accident that was caused by a negligent delivery driver you are likely to have a lawsuit that can be brought against both the driver and the food delivery company who sent them on their delivery.
The food delivery company can be additionally at fault because of the legal doctrine of vicarious liability which means that an employer or master over an employee or agent can become responsible vicariously for the negligent actions of their delivery driver. To bring a lawsuit against the food delivery company you must prove:
The delivery driver was on duty and waiting for a food order, picking up a food order or delivering a food order at the time of the accident.
When the food delivery company hires independent contractors who are not actual employees, they use written contracts to try and escape liability for car accidents. In most states, as long as the delivery driver was in the course and scope of picking up or delivering food, the company is usually liable. The tricky part is proving what they were doing through computer data and tracking records.
The food delivery accident lawyer must prove that the food delivery company was exercising control over the food delivery driver. This is usually shown by finding the dispatching records from computer data, phone records or other business records and the delivery company required the driver to pick up and deliver the food within a certain period of time.
When written procedures from the food delivery company uses fast delivery time requirements pushing the driver to hurry, the case becomes better and can bring a higher level of financial compensation. This is because it may help the delivery driver accident lawyer prove a claim for punitive damages for reckless and wanton conduct.
Will the Food Delivery Driver Causing My Accident Have Enough Insurance?
Food delivery drivers usually will only carry minimum state liability insurance coverage. With a serious injury, the driver’s coverage will not be enough to pay for all your injuries. Most of the bigger food delivery companies will carry business liability insurance coverage over their delivery drivers. This is why it is necessary to bring legal claims against the delivery company.
The confusing part for delivery drivers is that many do not understand that if they do not carry business use car insurance, they may have no coverage at all while delivering a food item. That can leave the injured person without much liability insurance where you must bring a claim under your own policy for underinsured and uninsured motorist coverage.
Bigger companies like Amazon, Door Dash, Uber Eats and Door Dash, have commercial insurance for their drivers of up to one million dollars in liability insurance. Even these companies put limitations on when the insurance will apply. They call this the “active delivery time.” Smaller companies may not require commercial insurance and require drivers to carry their own business liability insurance.
The active delivery time is defined as the total time from when you accept an offer to when you deliver an order.
Door Dashers use a different term called “dash time.” Dash time means the total time you spend dashing which includes the time between logging into the app and logging out of it.
Our food delivery accident attorneys look past the active delivery time and additional look at dash time. Additionally, we look to other requirements of the food delivery company that control the driver. We try to prove the company that hired the delivery driver was negligent in other manners. They can be sued for negligent hiring, negligent training and negligent supervision.
Who Pays for My Injuries After an Accident with a Food or Alcohol Delivery Truck?
Large trucks carrying wholesale beverages, alcohol and food are heavy trucks that cause severe car accidents. Typically, both the driver of the truck and their employer are at fault and must pay for your injuries when either one is negligent. There are several legal claims that can be brought after a delivery truck accident.
The types of legal claims to pay for injuries after an accident are:
Ordinary negligence claim.
This is where the beverage or food delivery driver violates a state law or city ordinance for traffic laws. These types of claims are easier for the lawyer to bring and usually do not result in higher financial compensation to the injury victim.
Negligent hiring claim.
Negligent hiring claims are available when the beverage or food distributor failed to make appropriate background checks of the driver on their driving record, employment history and accident history. The business distributor can save money by not conducting thorough background checks. The employee or driver file becomes critical evidence for proving negligent hiring.
Negligent training claim.
Truck drivers who get minimal to no training about defensive driving, hazard perception training, evasive maneuver training and road tests to make sure the driver is qualified to driver the beverage or food truck must be done.
Negligent supervision claim.
Negligent supervision claims arise when the beverage, liquor, beer, or food distributor requires rapid delivery to grocery stores, restaurants, and convenience stores. The truck driver is required to load and unload the product, making it a stressful job. When additional pressure is placed on how fast they must deliver, the supervision is negligent.
Negligent safety plans.
Delivery trucks carrying beverages, foods, beer, and liquor creates a stressful day for the typical delivery driver. They must load, then count the inventory, and unload it placing it into specific areas of a store or business. Safety plans that address discipline policies, incentive programs and develop specific safety methods of delivery are required to prevent accidents.
Beer, soft drinks, and flavored water require the delivery truck driver to stack the pallets correctly. Transporting kegs or pallets of liquid beverages can weigh up to 80,000 pounds. An accident with a smaller passenger vehicle with an average weight like 3,000 to 5,000 lbs. means the passenger vehicle occupants are the most likely to be injured.
Improper loading of food and beverage trucks can cause the truck to shift back and forth across lanes of travel causing head-on and sideswipe accidents. Kegs are especially difficult to transport and easily shift. They must be properly secured to prevent cargo shifting and accidents. Kegs are stacked two pallets high and can weigh 1200 to 1400 pounds. Any improper loading can cause a car accident.
Many of the beverage delivery truck accidents are with national companies producing the beverages. These beverage and alcohol distribution companies require the truck driver to load the truck, drive the truck and then make deliveries during a specific time each day due to consumer demand. This places pressure on the delivery drivers to be on schedule.
Who are some of the Top Beverage and Food Distribution Companies?
Some of the top food and beverage companies making deliveries are:
- Nestle.
- PepsiCo.
- Anheuser-Bush InBev.
- Tyson Foods.
- Archer Daniels Midland Company.
- Cargill.
- The Coca-Cola Company.
- Heineken.
- Mars.
- Kraft Heinz Company.
- Dairy Farmers of America.
- Kroger-Dillons.
- House of Schwan.
- Sysco.
It makes sense that these top food and beverage distribution companies will have more truck accidents because of the size of the companies having more delivery trucks and the amount of products delivered which increases miles driven. TALG frequently handles food and beverage delivery truck accident cases with an excellent track record of helping injury victims.
What Should I Do After an Accident with a Delivery Truck?
Delivery truck accidents can create instant turmoil in your life from a totaled vehicle and need for transportation to being injured with a need for surgery. TALG can take all of the stress out of your delivery truck accident. We help with everything.
These are the steps to take following an accident with a delivery truck:
1. Notify the police and request that they come to the scene of the accident.
2. Report all injuries to 911 and request an ambulance for all injuries no matter how small they seem. Many injuries do not seem bad in the first 24 hours and then increase in intensity.
3. Request to be medically evaluated at a hospital emergency room and avoid minor emergency clinics and chiropractors.
4. Photograph the accident scene, identifying names and DOT numbers on the vehicle and photograph all business logos on the truck.
5. Photograph all injuries, even if small like cuts and bruises.
6. Refuse to give any statements to insurance adjusters. Most adjusters are trained to lead innocent victims into admissions against themselves.
7. Call TALG for a free initial consultation 24 hours a day at 316-330-9200.
How long is the Statute of Limitations for an Accident With a Delivery Truck?
Delivery truck accidents in Kansas for a bodily injury liability claim are two years from the accident date under Kansas statute 60-513. Minors have a longer period of time depending upon their age.
Frequently Asked Questions
Who do delivery drivers work for?
Delivery drivers work for consumer product delivery companies, food and beverage delivery companies, grocery stores, auto parts companies, and deliver packages for many different industries.
Is a delivery driver a dangerous job?
USA Today ranked delivery drivers at number 7 in the top 25 most dangerous jobs which was more dangerous than being a police officer which came in at number 14.
What do delivery drivers do?
Delivery drivers load and unload cargo, collect payments, deliver goods to customers, and follows routes with strict time schedules making workdays difficult and stressful.
Locations We Serve
With physical offices in Kansas and Texas, the Truck Accident Lawyers Group is ready to represent injured people who have had a motor vehicle and truck accident anywhere in the United States. Make sure you hire an experienced truck accident lawyer who understands the safety rules under the FMCSR.
