Commercial Truck Accidents

The increase in e-commerce has led to an interesting phenomenon: not only are large trucks hauling more freight than ever before, but smaller commercial trucks are also handling deliveries.

While 18-wheeler halls 80,000 pounds of freight in a long trip, smaller trucks deliver freight and packages from a warehouse to their end destination. These smaller commercial trucks are also on New York’s roads delivering packages throughout the state. Even though these commercial vehicles are smaller than the big trucks, they can still cause serious damage.

Causes Of Commercial Truck Accident In New York City

Commercial truck accidents can happen for several reasons and without warning. In New York City, pedestrians, bicyclists, and e-scooter riders can also find themselves in an accident with a commercial truck.

Although large trucks are not allowed in New York City, smaller commercial delivery vehicles are everywhere. Just like car accidents, commercial trucks can cause crashes and result in devastating injuries:

• Texting or calling while driving
• Driver fatigue
• Inexperienced drivers
• Hours of service violations
• Other distracted driving
• Alcohol and or drug use while driving.
• Negligence
• local traffic laws
• Improperly loaded cargo
• Mechanical and maintenance issues

Even though the commercial trucks are smaller than tractor-trailers, they still are heavier and more powerful than passenger vehicles. This can lead to more serious accidents and injuries.

Main Delivery Companies In New York City

Millions of companies have commercial delivery trucks for package deliveries. However, the most common are those that we see driving around nearly every day:

• • United Parcel Service (UPS)—The Atlanta-based. Carrier has been picking up packages and delivering them for more than 100 years. Logging nearly 900 miles every year. UPS’ 60,000 drivers drive millions of packages throughout the United States.

• • Federal Express (FedEx)—based in Memphis, FedEx focuses on package shipments, e-commerce, transportation, and other business services. FedEx drivers are infamous for. Leaving their vehicles. Parked in bike zones, and sometimes in the middle of the street, just to make a delivery. This can cause havoc in any city, but even more so in New York City.

• • The United States Postal Service (USPS)–The country’s oldest mail and package delivery service was founded over 200 years ago. Over time, the Post Office has adapted to e-commerce as well. Both for regular mail and for package delivery, the Post Office delivers more than 171 million pieces of first-class mail every day, with employees traveling over a billion miles every year to deliver mail. Additionally, FedEx and UPS sometimes hand off their packages to the Post Office for the final delivery to the recipient.

• • Amazon—founded in 1994, this company is a relative newcomer. What started out as an online bookseller has become the world’s largest e-commerce company. Offering the largest selection of goods in the world, Amazon has also branched out other fields such as artificial intelligence, cloud computing, and streaming. In certain cities, Amazon’s light delivery trucks bring packages for Prime members. The company uses independent contractors to do “last-mile delivery” for packages shipped from Amazon warehouses in some cities, and lets drivers work on their own schedule. The company also ships its packages through UPS, FedEx, and the Post Office.

Nearly everyone has some experience shipping or receiving a package from at least one. Because of the intense pressure to deliver on time and quickly, especially around the holidays, drivers are rushed, maybe tired, or in an unfamiliar area then take a wrong turn, causing an accident.

Injuries In Case Of Commercial Truck Accident

Just like a standard car accident, you can suffer serious injuries if you are in an accident with a commercial truck. These injuries can include:

• Concussions
• Whiplash
• Bone breaks and fractures
• Head trauma and brain damage
• Burns, bruises, and lacerations
• Concussions
• Back and spine injuries
• Internal bleeding
• Mental illness such as anxiety, depression, and post-traumatic stress disorder (PTSD)
• Death from accident injuries

That’s why it’s important to seek medical attention right away. You may not know how badly you are injured, and you may not show signs right away. Take pictures of the accident area, if you are able, and of your injuries. The more evidence you can produce, the better your case.

Employee Vs. The Independent Contractor

All these three companies have one thing in common: they utilize independent contractors.

Amazon has a program called Amazon Flex, which uses the Uber and Lyft rideshare model but for packages. They also deploy Amazon Delivery Partner Services for package deliveries in some cities. Both utilize independent contractors for these services.

FedEx also employs both full-time employees, as well as independent contractors. The Post Office also has independent contractors for many rural delivery routes.

FedEx, UPS, and Amazon can, in some cases, be held responsible for an employee involved in an accident during the course of their job. If the employee was not in the process of doing their job, then the employee’s individual insurance covers an accident.

An independent contractor is not an employee, so the company may not take responsibility for them. However, if the individual is “on the clock,” the company’s insurance policy may cover it.

The exception is the Post Office, which is a federal entity. The Federal Tort Claims Act requires that a plaintiff can only bring a claim against the government if they can prove that the employee’s negligence directly caused the injury or damages.

If you are involved in an accident with a Post Office vehicle, you will not be allowed to file a lawsuit immediately. First, you submit the details of your claim to the Post Office along with the amount you are asking for in compensation. For this, Standard Form 95 is required. You can fill this out yourself, but a personal injury lawyer can ensure that it is filled out correctly. Otherwise, your claim can be denied.

Once submitted, the Post Office will have six months to respond, either accepting your claim and paying you damages or denying your claim. Should you claim to be denied, you will have six months to file your lawsuit. Make sure you submit an exact dollar amount you expect for compensation.

Let BigLawsuit Help You With Your Commercial Truck Accident

If you or a loved one have been involved in an accident with a commercial truck, you need to act fast in order to preserve your rights and file your claim.

Biglawsuit’s attorneys are experienced in accidents involving commercial trucks in New York City. If you need help call us at (888) 998-7165 to discuss your case using our online contact form. We will review your case at no charge and let you know about your legal options with no obligation.