Our lawyers at Pacific West Injury Law have years of experience handling these types of cases and can provide you with legal assistance through this challenging time. We want to help you get the best compensation possible for your damages. Contact us today to learn more about all of your legal options.
What to Do If You Were in an Accident with a Delivery Van in Henderson
If you are involved in an accident with a delivery van and you are not severely injured, it’s important that you take the following steps:
- Get the delivery driver’s information, such as license, registration, insurance information and employer information.
- Ensure that a police report is generated and obtain a copy for your records.
- Take pictures of the collision, crash scene and any injuries you may have.
- Seek medical care to note and treat any injuries.
- Write down your recollection of what happened as soon as possible.
How Do You Get Compensated?
Once the information is gathered and the injuries are being treated, the next step is filing the personal injury claim against the liable party. In the case of a personal vehicle accident, the driver and their insurance company would be the ones liable for your claims. In the case of a delivery van accident, the driver, the employer or both could be responsible for your damages.
Proving the Delivery Van Driver Was Responsible for Your Injuries
If a delivery van driver’s careless and negligent action caused an accident that injured you, the driver would be held liable if the delivery van was being driven on the driver’s personal time and not during work hours. Also, if the driver was driving the delivery van for his or her personal errands and not for a delivery that was assigned, this would make the driver liable on his or her own.
The delivery van driver would also be solely responsible for your injury compensation if the driver acted in an intentional, dangerous manner that caused the accident that resulted in your injuries. Even if this happened during the course of performing delivery duties, the employer would be exempt from culpability if the intentional action was not reasonably foreseeable by the employer.
When the Employer Is Responsible for Your Injuries
The employer can also be involved in compensating for your claim when the driver of the delivery van is an employee and not an independent contractor. The facts of the case must be that:
- The employee acted negligently while performing an employer-directed task or delivery at the time of the accident
- The employee acted negligently while on an employer-directed delivery route
- The accident was caused by a negligent action under the nature and scope of employment
- Poor maintenance of the delivery van caused the accident and your injuries
For example, a delivery van driver is in a hurry to complete the last delivery of the day. The delivery van driver doesn’t yield a left-turn green light, causing an accident. Because the delivery driver acted negligently under the scope of employment, the employer can be held liable for injuries that resulted from the accident.
When Both the Driver and the Employer Are Responsible for Your Injuries
If your injuries were as a result of a delivery van driver’s deliberate effort to cause an accident and the employer knew from past behavior that the driver was capable of this, both the driver and the employer could be liable for damages.
According to NRS §41.745, the employer is liable for harm or injury caused by the intentional conduct of the delivery van driver if it was reasonably foreseeable that the employee may be a danger to other drivers.
For example, if a delivery van driver, in a fit of road rage, decides to tailgate in an attempt to intimidate you and ends up rear-ending your car, this places culpability on the driver. Let’s say the employer knew that this driver had a history of road rage incidents and, yet, continued to employ him as a delivery driver. This would also place culpability on the employer.
Get Help with Your Delivery Van Accident Injuries
Getting into an accident with a delivery van can leave you with thousands of dollars in debt and lasting physical and emotional injuries that can severely impact the way you live your life. However, knowing what steps you can take when you are in an accident with a delivery van and who you can file a claim against, will make filing your claim easier.
You should not have to suffer due to a personal injury caused by the negligence of other parties. At Pacific West Injury Law, we have compassion for all victims of personal injury. We want to help you get fair compensation for your pain and damages. Contact us to schedule a free consultation about your personal injury case in Henderson and the surrounding areas.