Who is liable in an accident with a DHL truck? In most cases, there is a high probability that DHL or the driver is liable. However, there are circumstances where another party, like the vehicle or component manufacturer or local government, is liable.
In this article, we will briefly look at the different parties who may be liable in an accident with a DHL truck. It can be a complex area since each accident must be evaluated on its merits. A Salt Lake City DHL truck accident lawyer will investigate on your behalf.
Why DHL is Often Liable for Delivery Truck Accident Compensation
When a DHL driver is simply carrying out their duties, they are said to be “Acting within the scope of their employment.” In other words, the driver was working under instructions from DHL and was carrying out their regular duties. DHL is, therefore, liable.
The first thing to verify is whether the driver was working for their employer at the time of the accident. If they were, they are not personally liable. Suppose the driver was using a work vehicle for a personal errand. In this instance, the driver is liable.
With DHL, it is very rare for a driver to not be acting in the interests of their employer at the time of an accident. DHL implements security solutions that include geofencing. If a driver were to deviate from their prescribed route, the company would be notified in real-time.
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When the Driver May be Liable for a DHL Truck Accident
When determining who is liable in an accident with a DHL truck, we must investigate some contingencies. These might shift liability to the driver or result in shared liability. For example, if the driver deliberately drove aggressively, they may be liable.
Impaired driving could also mean that the driver is liable for certain damages. DHL does not hire drivers with a recent record of DUI. Though this reduces risk, it is a possibility that should not be overlooked.
Finally, a driver “gone rogue” might deviate from their duties and not be working under DHL’s instructions at the time of the accident. To be sure that the correct entity or entities are subject to damages claims, investigation is always the first step.
Vehicle or Component Manufacturers, Vehicle Maintenace and DHL Truck Accident Liability
There may be instances in which neither DHL nor its drivers are liable for a DHL truck accident. If a vehicle is poorly maintained, DHL would be liable. If, on the other hand, components fail due to manufacturing or design errors, the component maker may be at fault.
Similarly, a design fault or poor quality control on the part of the truck’s manufacturer could cause accidents or contribute to them. Although this is comparatively rare, the facts must always be verified.
When third-party companies perform maintenance on DHL trucks, they may be responsible for accidents caused by poor-quality work. For instance, DHL and Diageo North America are powering up their partnership with Hydrogen trucks. If the latter maintains them and faulty work leads to an accident, Diageo may be liable.
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Local Government Liability in Truck Accidents
Poorly maintained roads or a lack of warning signage can contribute to accidents. In this instance, local government comes under scrutiny. The acid test is whether they knew about the problem and failed to act.
For instance, we can consider a badly potholed road. It presented a real danger to traffic, and the local government knew of the matter but did not repair it. The driver lost control of the truck after hitting a major pothole, causing the accident.
In this example, there is likely some level of shared liability, and the local government is implicated. If the pothole was the sole cause of the accident, the local government would be liable to both DHL and the owners of any other vehicles involved. If it only contributed, liability is shared.
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Who is Liable in an Accident with a DHL Truck if Liability Involves Multiple Parties?
On investigation, we might find that more than one party is liable for an accident with a DHL truck. This means that there is more than one defendant. In line with the Joint and Several Liability Act, they may share responsibility for claims against them.
Alternatively, it may be clear that one of the defendants is liable for some of your damages but not others. The codefendants must agree on a way of dividing the payment of damages between them. If they cannot agree, a court will decide the matter for them.
For example, faulty tires cause a crash, but the DHL truck driver made a mistake that contributed to the accident. We can sue the tire manufacturer and DHL for damages. This ensures that all liable parties pay their share of the damages.
What Damages Can You Claim After an Accident with a DHL Truck?
The damages you can claim after determining who is liable in an accident with a DHL truck depend on the types of damage you sustained. Clearly, damage to property will be among these and is relatively easily calculated. Then, there are personal injury and wrongful death claims.
Personal Injury Compensation Claims
Depending on the nature of the injuries sustained, damages claimable include:
- Medical costs
- Cost of rehabilitative therapy (e.g., physical therapy)
- Lost earnings during your recovery
- Loss of the capacity to earn as a result of your injuries
- Compensation for pain and suffering
Wrongful Death Compensation Claims
No amount of money can make up for the loss of a loved one. Nevertheless, wrongful death compensation payments can help your family. Various factors are used to calculate compensation.
Apart from compensation for the suffering caused and payment of costs associated with death, loss of financial support will be a crucial consideration. This is based on lost future income that would have gone towards supporting dependants.
Need Help Getting Compensation after an Accident with a DHL Truck?
Siegfried & Jenssen are Salt Lake City delivery truck lawyers who will help you get the just compensation you deserve. We will determine who is liable in an accident with a DHL truck and undertake the process of gaining compensation on your behalf.
We care about our community and understand your need for assistance in difficult times. If you are unable to come to us, we will visit you at home or in the hospital. We have been fighting for people like you for the last 30 years.
Your initial case review is absolutely free, and our 97 percent success rate speaks for itself. Rebuilding your life after a devastating accident is never easy.
But compensation can help keep you afloat as you navigate the storm. Reach out to us. You will be glad you did.
Call or text (801) 266-0999 or complete a Free Case Evaluation form