Box trucks are also called “cube vans.” They are immediately recognizable on the road. Most U.S. Postal Service vehicles are box trucks, as are UPS and FedEx delivery vans. These trucks are shaped like a box, often with a sliding door in the back. They are a common sight in Atlanta as these companies make door-to-door deliveries at all hours of the day.
Box truck accidents are serious. Because these trucks are so common downtown, they get into many accidents with pedestrians, who can be seriously injured in any crash. Other victims include cyclists, motorcyclists, and motorists in passenger sedans.
Contact Stewart Miller Simmons Trial Attorneys to speak with our Atlanta truck accident lawyer. We can analyze who might be liable for the accident and devise a case strategy for realizing compensation.
What Causes Box Truck Accidents?
These accidents are usually the fault of the truck driver or some defect on the truck.
Driver Negligence
Truck drivers cause many accidents, often because they are in a hurry. Some of the primary reasons for accidents include:
- Illegal or improper turns—the trucker could go the wrong way or try to make an illegal U-turn to save time. They end up crunching a victim instead.
- Wide turns–box trucks are hard to navigate, especially for inexperienced truckers. A driver could make an especially wide turn, crashing head-on with another vehicle which is waiting at a light.
- Backing up accidents—it’s hard for the trucker to see in the back of the truck, so they could run down a pedestrian accidentally when they back up.
- Speeding—truckers are in a rush to get their deliveries made, so they might speed or even run a red light, causing a crash.
- Fatigue—these truckers work long hours, which makes them tired behind the wheel. They can collide with someone when fatigue impairs their judgment or reflex, or they even fall asleep while the truck is moving.
- Driver distraction—the driver could be focused on a cell phone or other electronic device, which removes their eyes from the road. Accidents follow.
- Intoxication or drug use—to get through the day, some drivers might use alcohol or drugs, which impairs their ability to operate the truck safely.
When the trucker is negligent, they are legally liable for the crash. If they were working at the time, then their employer is also liable simply by virtue of being the employer. That’s called “vicarious liability,” and it helps you sue an employer for any accident caused by their employee.
Box Truck Defect
Different defects can make a truck hard to maneuver, leading to wrecks:
- Brake malfunctioning—the brakes are necessary to stop the truck, which is critical when these trucks zip around downtown where pedestrian traffic is heaviest. Unfortunately, the brake pads could be worn, or the brake components installed improperly.
- Defective tires—the tires could blow because they are worn down or underinflated. When even one tire blows, a truck can “jump” and be hard for a driver to recover.
- Faulty lights—box trucks rely on lights, especially at night so that they are visible and can also see pedestrians and motorists. When the lights blow, a truck is more likely to crash into someone.
- Mechanical failure—any mechanical failure can cause the box truck to operate in a jerky fashion, also leading to a crash.
Different parties could be at fault for a defect. For example, the owner of the truck is responsible for ensuring the truck is properly maintained so it is safe to drive. Any failure to perform maintenance can lead to an accident.
A mechanic might also be liable for failing to spot a problem with the brake pads or another defective part, or for doing shoddy repairs. We want to see the service history for the vehicle.
It’s also ideal to inspect the truck. This is one reason it’s so critical to call an Atlanta truck accident lawyer as soon as possible. The truck’s owner might quickly repair it after the crash, wiping away evidence of a defect.
Receiving Compensation after a Box Truck Accident
If you were struck by a FedEx or other truck, then you’ll need to open a claim for financial compensation. We recommend hiring a seasoned truck accident attorney to work on your case. There are many challenges:
- Proving fault. You have the burden of showing how the accident happened. Georgia has a modified comparative negligence law which prohibits you from receiving any compensation if you are 50% or more to blame. You can expect the other side to blame you for the accident.
- Establishing your damages. You also need to show how much you received in medical care, and what money you lost because you couldn’t work. Our lawyers can gather and chase down medical bills.
- Negotiating a settlement. Our firm can typically negotiate a favorable settlement so there isn’t a need for trial. But settlement requires heavy preparation and clarity about your objectives. Let us get started as soon as possible. These companies often have powerful law firms at their disposal, so they don’t agree to a settlement easily.
- Protecting your legal rights. Georgia also has a statute of limitations which sets the outer boundary on the amount of time you get to file a lawsuit. You must file before the limitations period expires.
How much can you receive? The amount depends on the circumstances. If the accident caused major injuries like a concussion, back injury, or whiplash, then you could receive a large settlement. Call to schedule a free consultation with someone at our office.
The Right Truck Accident Lawyers for You
Box truck accidents are different from other truck collisions. Often, they take place downtown in tight spaces and occur at low speeds. Nonetheless, any collision can leave victims with sizable medical bills and intense pain. You deserve financial compensation when the truck driver or trucking company is to blame.
Call us today to schedule your free, no obligation consultation with a Truck accident lawyer in Atlanta, (404) 529-3476.