More Delivery Trucks Can Mean More Truck Accidents

 Posted on December 07, 2023 in Truck Accidents

With the decline of malls and brick-and-mortar stores, online shopping has increased dramatically in recent years. While customers may enjoy the convenience of online purchases, there are significantly more delivery trucks on the road than ever before. 

With a rise in delivery trucks comes an increase in accidents. Since truck drivers have more demanding schedules during the holidays, many drivers may fail to drive cautiously. Even with an unyielding schedule, a truck driver’s negligence should not go unpunished.

If you have been in an accident with a delivery truck, you should contact a Waukegan truck accident lawyer as soon as possible.

UPS and FedEx Truck Accident Statistics

As of 2022, United Parcel Service, Inc. (UPS) drivers have traveled over 3.4 billion miles. As of November 2023, UPS reported the following:

• 128,306 drivers on U.S. roads
• 2,767 crashes in the 24-month period prior to November 2023
• 950 people injured
• 67 fatal accidents
• 1,750 vehicles had to be towed following a crash

As of 2022, FedEx Corporation drivers have driven over 3.2 billion miles. With slightly less demand than UPS, FedEx Ground accident statistics are no more encouraging:

• 124,917 drivers on U.S. roads as of November 2023
• 2,725 crashes in the 24-month period prior to November 2023
• 862 people injured
• 88 fatal accidents
• 1,775 vehicles had to be towed following a crash

Who is Liable in a Delivery Truck Accident?

Chances are that if you are in an accident with a delivery truck, the truck driver was most likely acting within the course of his or her employment. Through vicarious liability, the employer (the company) will be responsible for the accident. 

If you believe that your accident was caused by a negligent truck driver, you may be eligible to sue the corporation. However, you must first establish the elements of negligence:

• The delivery driver had a duty of care 
• The delivery driver breached that duty of care through an act (i.e., speeding) or omission (i.e., failing to use the truck’s parking brake)
• As both a direct and foreseeable result of the delivery driver’s actions, you suffered harm
• As a result of the delivery driver’s actions, you sustained measurable losses in the form of damages

Comparative Negligence

In Illinois, your compensation will be reduced if you are found partly liable for an accident. According to Illinois law (735 ILCS 5/2-116), you will only be able to recover damages if you are less than 50% at fault for the accident. 

Your compensation will be reduced based on your degree of fault. For example, if insurance determines that you were 40% at fault for the collision, the corporation will only be responsible for paying 60% of your bodily injury and/or property damage claim. If you are found more than 50% at fault, then you will be prohibited from recovering damages. 

Pursuing a claim against a corporation can be challenging and should only be done with the help of a Lake County truck accident lawyer.

Hit By a Delivery Truck? Contact a Waukegan, IL, Truck Accident Lawyer Today

Everyone is in a rush during the holidays, including truck drivers. With a grueling schedule, truck drivers are bound to slip up behind the wheel. If you have been in a collision with a delivery truck driver, a Lake County, IL, truck accident lawyer will be able to negotiate with the commercial insurance company on your behalf. Contact Salvi & Maher, LLP today online or by calling 847-662-3303 to schedule your free consultation.