Delivery Truck Accident Claim *
Delivery truck accidents * are a common type of accident at work claims * as in most cases those involved in an accident will have been driving as part of their job. As many of these trucks will be some of the largest vehicles on the road they can lead to serious injury when involved in an accident. These injuries can be sustained by drivers, passengers and pedestrians. In some cases it can be difficult to determine liability as these claims may bee see as either a road traffic accident or accident at work claim *. If you have been involved in an accident involving a delivery truck you may be entitled to make a claim for damages.
Who is Responsible?
The first step in the process of making a claim * will include determining who is liable for the accident. Following a delivery truck accident * there can be a number of people who may have been responsible.
The driver: If the driver acts negligently while on the road and has failed to follow the regulations which are in place they could be found liable. As a result of driving for extended periods of time, a common cause of delivery truck accidents * would be driver fatigue. In order to prevent this the driver is responsible for ensuring that they take adequate rest breaks in order to overcome this.
The employer: The employer of the truck driver may be held responsible for an accident if it is found that they have failed to provide a safe vehicle for use. They are responsible for ensuring that the delivery vehicle is maintained and roadworthy. Accidents caused as a result of this can lead to the employer being found responsible even though they are likely to not have been directly involved in this accident.
If it can be shown that both the driver and employer have acted negligently and have not adhered to health and safety regulations then they may both be found liable.
Preventing Delivery Truck Accidents
There are a number of steps which can be taken in order to prevent accidents involving a delivery truck or heavy good vehicle. This can include;
- Establishing written health and safety policies for drivers
- Ensure that drivers are given adequate time in order to make the delivery in a safe manner
- Ensure there is proper maintenance of vehicles
- Only allow drivers to drive on safe routes
- Ensure there are safe practices in relation to loading and unloading the vehicle
- Ensuring that employees are aware of maintenance checks that they should carry out regularly
- Cuts and lacerations
- Breaks and fractures
- Internal injuries
- Nerve damage
- Back and neck injury
- Injuries to the legs and feet
Causes of Delivery Truck Accidents *
One of the leading causes of delivery truck accidents * is driver fatigue, particularly for those driving longer distances or those driving at night. This is often caused by inadequate rest breaks throughout the drive. Fatigue can lead to slower reaction times and reflexes while diving and in some extreme cases the driver may fall asleep at the wheel which is likely to lead to an accident.
Driving under the influence of alcohol or drugs
In recent statistics published by the Health Research Board, it was found that Ireland is among the highest alcohol consuming countries in the EU with 38% of all fatalities and other road collision involving divers who had consumed alcohol. As those who would be driving a delivery truck would be doing so as part of their job it is likely that there will be strict regulations in place in relation to this. This would be a breach of both these regulations and also the rules of the road. Alcohol and drugs can impair your driving ability and can also greatly increase the risk of a collision.
Using a mobile phone while driving
It has been illegal in Ireland to use your mobile phone while driving since 2014. This includes talking on the phone, sending or reading a text message or using your phone in any way while behind the wheel. The only exception to this is that you may call 999 or 112 in an emergency situation. Although using a hands free device is not illegal it can distract a driver from the road, putting other road users at risk.
Failing to obey the rules of the road
There is a universal expectation that all road users will obey the rules of the road, however this is not always the case. Failing to do so can result in an accident involving other road users.
Inadequate maintenance of vehicle
It is very important that there are procedures in place in relation to maintenance of vehicles. This should be carried out on a regular basis and there should be a record kept of any issues or repairs that had to be carried out. Failing to properly maintain a vehicle could lead to a road traffic accident. It is the responsibility of both the driver and employer to ensure that the vehicle is road worthy.
TELL US ABOUT YOUR CASE
If you are considering making a claim for a delivery truck accident * or would like to find out more information on the process involved, feel free to contact our solicitors on 01 649 9900 or email firstname.lastname@example.org.
With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon and can provide you with legal advice and guidance with your best interest at heart, in a language that you can understand.