Spokane Delivery Truck Accident Lawyer

Key Highlights

  • A Spokane delivery truck accident lawyer can identify various parties responsible for a delivery truck crash, other than just the driver, which can increase your potential claim value.
  • Washington is one of the pure comparative negligence states. So, you can collect damages even if you are partially responsible for your injuries. Insurance companies frequently try to take advantage of the confusion surrounding issues of fault
  • Delivery trucks have $750,000 to $5,000,000 in insurance coverage; however, the majority of companies will not voluntarily disclose the full extent of their coverage without being forced to do so.
  • Digital evidence from Electronic Logging Devices (ELD) and in-vehicle cameras can be deleted quickly and, therefore, it is critical to take legal action with the best truck accident attorneys immediately following a delivery truck accident.

As Spokane continues to grow as a regional hub for freight and last-mile delivery, the number of delivery trucks involved in accidents is also on the rise. A combination of heavy commercial traffic on I-90, an ever-expanding number of warehouse facilities in the vicinity of Spokane International Airport, and dense residential delivery routes are causing significant numbers of delivery vans, box trucks, and semi-trucks to traverse roads that were not originally designed for continuous commercial traffic. 

The combination of ongoing construction of the North Spokane Corridor, winter black ice on High Drive and Sunset Hill, and crowded delivery zones in South Hill and downtown Spokane create additional risks for an increased likelihood of accidents between passenger vehicles weighing 3,000 to 4,000 pounds and delivery trucks weighing up to 80,000 pounds, and the injuries sustained from these types of collisions can be catastrophic and life-changing.

When an accident occurs involving a delivery truck, injured victims can be left with serious injuries, growing medical expenses, loss of future income and aggressive tactics used by insurance companies to minimize or eliminate their liabilities. Delivery companies and insurance companies typically act quickly to limit their liability, deny their responsibilities, and shift the blame often within hours of the accident occurring. 

The Spokane delivery truck accident lawyer at Russell & Hill Law Firm represents victims by identifying all responsible parties, preserving critical evidence, and holding delivery companies accountable for their unsafe truck driving practices.

If you were hit by a delivery truck in Spokane, contact us to protect your rights and pursue the full compensation the law allows.

truck accident lawyer

Who Is Legally Responsible After a Spokane Delivery Truck Accident?

In Spokane, a delivery truck accident can have many at-fault parties, which opens up the opportunity for multiple parties to be held liable aside from the driver who struck you.

Finding out who is liable for a delivery truck accident will require an extensive investigation into the driver’s employment, safety practices, and compliance with federal and state laws and regulations. Full or semi truck accident attorneys will look beyond the obvious parties to identify all potentially liable parties.

Delivery Driver

There are various facts that can make delivery drivers liable. If they were speeding, driving without adequate rest, choosing to use navigation applications, driving without adequate rest, or making unsafe lane changes in an effort to satisfy their delivery quotas, there is a strong possibility that they can be found at fault.

Delivery Company (Amazon, FedEx, UPS, DSPs)

Large companies can be liable for providing unrealistic schedules, inadequate training, negligent hiring, or promoting unsafe driving in order to maintain productivity metrics.

Cargo Loader or Warehouse

If the cargo in the delivery truck is unbalanced or has not been properly loaded (properly restrained), the cargo may shift during transport and cause the delivery truck to rollover, jackknife, or fail to brake, thus resulting in an accident where serious injury could occur.

Maintenance Provider

In addition, third-party maintenance providers can also be liable for brake failure, yielding or bald tires, and not performing regular maintenance checks to be in compliance with their state law.

Independent Contractor Company

Many delivery drivers are misclassified as independent contractors, which creates gaps in their insurance coverage based on Washington law, which states that if there is enough evidence proving the delivery company’s control and supervision over the delivery drivers, they will be considered employees.

“A delivery truck accident never results solely because of the driver’s error,” says Mathew T. Russell, the founding member of Russell & Hill Law Firm. “In these cases, our truck accident attorneys have to uncover corporate discussions and various laws that were not followed that made the crash inevitable.”

The action of identifying each defendant can ultimately mean the difference between having the claim denied or recovering the full amount.

Washington State Laws That Control Delivery Truck Accident Claims

Delivery truck accident victims in Washington are given strong legal rights under state law even where the insurer claims that there was shared fault. Knowing these laws early can significantly improve negotiating power and increase the chances of a successful recovery.  

Statute of Limitations (RCW 4.16.080)

In Washington, generally, there is a three-year statute of limitations for personal injury lawsuits related to delivery truck accidents.   

  • If this time runs out on your case, you will likely not be able to recover any damages.  
  • By the time the three years have passed, some evidence can be lost or destroyed.  
  • Taking legal action early in your case will give you more bargaining power for a settlement.  

Pure Comparative Negligence (RCW 4.22.005)

Washington follows a pure comparative fault system, which allows recovery for damages even if the victim was partially at fault.   

  • You can recover damages even if partially at fault
  • Any compensation awarded will be reduced according to the level of fault.
  • Many claims adjusters and insurance companies try to take advantage of the murkiness of the rules governing fault percentages.

How Fault Percentages Affect Settlements

A small change in how fault is determined will create a huge change in the value of your case.

  • A 10% reduction in fault could lead to $10,000 (or more) difference in your settlement.
  • Police reports cannot be relied on to determine who is at fault for an accident.
  • Accident reconstruction can change how fault is assigned to the parties involved.

Interaction With Federal Trucking Regulations

State negligence claims are often based on violations of federal safety regulations.

  • Violating FMCSA regulations can create negligence when establishing liability.
  • Federal regulations are often considered by the courts in the State of Washington.
  • Violation of federal regulations increases the pressure to settle your case.

Non-lawyers and insurance adjusters often do not have an accurate understanding of the laws regarding fault. You should become informed of the laws early on because the evidence may not be available later to support your claim.

truck accident attorney

Federal Trucking Regulations and Insurance Requirements Most Victims Never Hear About

According to federal law, delivery trucks must have much more insurance than passenger vehicles, but insurance companies make every effort to keep that information from the public.

The best truck accident attorney near me, who represents victims of truck accidents relies on federal laws to help them prove liability and secure greater compensation for the losses their clients incurred as a result of the accident.

FMCSA Insurance Minimums

Federal law requires delivery trucks or any other commercial trucks to have liability insurance of $750,000 to $5,000,000, depending upon what they deliver and how they are classified.

Hidden Policy Limits

Most truck companies do not disclose their total insurance coverage and hope that the victim will settle with them before they find out that there are large insurance policies that cover accidents that were caused by their vehicles.

Braking Distance Reality

It can take a delivery truck up to 40% longer to stop than a passenger vehicle, which can create an extremely dangerous situation when you combine that with sudden lane changes or heavy traffic during the winter months in Spokane, WA.

Weight Disparity

When a semi-truck or a fully loaded delivery truck weighing 80,000 pounds crashes into a passenger vehicle, the force of the crash is catastrophic which resulting in more serious injuries than if there was an accident involving only passenger vehicles.

Regulatory Violations Strengthen Claims

Under federal trucking regulations, a truck driver who violates the hours of service requirements may have committed negligence per se. Further, a truck driver who does not perform routine inspections or maintenance may also have committed negligence per se.

By proving any overlooked federal violation, you may increase the amount of compensation you will receive.

The Hidden Evidence That Wins Spokane Delivery Truck Accident Cases

The key pieces of evidence for accidents involving delivery trucks come from digital sources that can be destroyed quickly.

  • Electronic Logging Devices (ELDs): They keep track of truck driver hours, rest periods, speed, and the times the truck traveled along the route. They often contradict what the delivery driver says after the accident occurred.
  • Telematics and In-Cab Cameras: Many delivery trucks are outfitted with telematics and in-cab cameras. Both types of devices will record the driver’s eye movement, whether he or she was distracted, and how hard the driver braked if they got into an accident.
  • GPS Route Data and Quotas: GPS route data and quota information from delivery schedules provide evidence that the drivers worked under unrealistic expectations that caused them to drive recklessly or dangerously.
  • Maintenance and Inspection Records: Maintenance and inspection records provide evidence of missed inspections, falsified records, and mechanical indicators that may have prevented a truck accident in Spokane.
  • What to Photograph at the Scene: A truck accident victim should photograph the following items at the accident site: The DOT number, company decals, the truck’s license plate, trailer number, and patterns of damage on each vehicle.
  • Preservation Letters: A preservation letter served on the delivery company provides advance notice that electronic data exists, and it may be deleted within two weeks after the accident.

Evidence that is preserved shortly after a delivery truck accident will significantly increase your chances of prevailing in a lawsuit against a delivery company.

What to Do in the First 24 Hours After a Delivery Truck Accident in Spokane

The actions you take during the first 24 hours after being involved in an accident with a delivery truck can significantly affect your health and the outcome of any claim you may file for legal actions.

Call 911 and Request a Police Report

Even if the delivery truck operator is downplaying the accident or pressuring you to “deal with it privately,” be sure to get a formal police accident report.

Seek Immediate Medical Care

After that, you will need to seek immediate medical attention for your injuries. It is common for victims of delivery truck accidents in Spokane to seek emergency services from either Providence Sacred Heart Medical Center or MultiCare Deaconess Hospital.

Avoid the Delivery Company’s Insurer

You need to avoid dealing directly with the delivery company’s insurance carrier. They may contact you within 48 hours of the accident seeking to obtain statements that will minimize your claim.

Do Not Give Recorded Statements

It is not advisable to provide recorded statements. Anything you state early in the claims process can be taken out of context and used against you based upon Washington State’s comparative fault laws. Therefore, do not provide any recorded statement.

Preserve Evidence Immediately

When you are involved in an accident with a delivery truck, you will want to preserve evidence as quickly as possible. You should document everything associated with the accident with photographs, video recordings, damaged property, medical records and witness statements before the details may no longer be available.

Note: You should never state “I am fine,” “the accident was my fault,” Or “I do not require legal representation.” Protecting yourself comes first; hiring a delivery truck accident lawyer near me follows that, but you must preserve evidence immediately before it disappears.

Why Choose Russell & Hill Law Firm for a Spokane Delivery Truck Accident Case

When selecting a Spokane delivery truck accident lawyer after an accident, select a truck accident law firm that understands Spokane and complicated truck accident litigation is critical to your case’s outcome and credibility.

  • Local Spokane Experience: Our semi truck accident lawyer knows the local court, roadway, judges, etc. they will make a customized strategy that works for you and give you more credibility in court.
  • Commercial Insurance Expertise: Experienced trucking accident lawyers handle truck accident claims, including those involving multi-layer insurance companies and large corporate defense teams.
  • Trial-Ready Approach: Our 18 wheeler accident lawyers are always ready to proceed toward trial if the insurer does not settle for the amount you believe you deserve.
  • Client-First Communication: With us you’ll receive clear guidance, honest expectations, and the best truck accident attorneys access at all times throughout your case.

“Our truck accident lawyers level the playing field for our clients,” says James Hill, attorney at Russell & Hill. “Delivery companies have teams of lawyers and our clients deserve the same strength on their side. And we provide just that.”

FAQs About Spokane Delivery Truck Accident Lawyer

What if the delivery driver was an independent contractor?

Delivery companies often have control and supervision over independent contractors and impose restrictions on the delivery routes. This creates liability for the delivery company under Washington state law for injuries to others caused by its deliveries.

Can I still recover damages if I was partially at fault?

You can recover damages even if you are at fault under the pure comparative negligence standard that the State of Washington employs. However, the amount of damages you can recover will be reduced by your percentage of fault.

How much is my delivery truck accident case worth?

Your case worth will depend on a number of things, including the severity of your injury, the insurance coverage you have, liability evidence, and the future effect of your injury on your health, earning potential, and overall quality of life.

How long do these cases usually take in Washington?

Delivery truck accident claims may be resolved in a matter of months or longer than that if litigation is required, particularly if the corporate defendant disputes liability.

Do I have to go to court?

Most delivery truck accident claims settle prior to going to court. However, preparing your case for court will give you greater negotiation leverage and create protection against unreasonably low settlement offers.

What does it cost to hire a Spokane delivery truck accident lawyer?

The majority of commercial delivery truck accident lawyers perform their legal services on a contingency fee basis. This means you will not have to pay any legal fees unless your trucking accident attorneys successfully recovers money for you.

Protecting Spokane Delivery Truck Accident Victims

When you are involved in an accident with a delivery truck, it is quite different than your typical car accident, as delivery truck accidents are highly regulated; they are subject to corporate policies, federal regulations as well as insured’s interests designed to minimize payouts. Therefore, it is important for you to be aware of your rights so that you can regain control over your life following a serious truck accident in Spokane.

The sooner that you take action with the help of a Spokane delivery truck accident lawyer, the better your chances of establishing a strong case. Evidence can disappear quickly, memories will fade, and the insurance industry will be out there protecting themselves before they even think about the injured party.

If you or a loved one has been injured in a delivery truck accident, you should contact our truck accident attorneys who have experience handling these types of cases. Call now at (800) 529-0842.

J
Date published: 2018-10-20
5 out of 5

I had a Great Experience using Russell and Hill to represent me while dealing with my injury claim. Matt Russell and his staff went to bat for me with the insurance companies so that I could focus on getting well after my accident. The communication, advice, and counseling I received was excellent from beginning to end. The process is slow and can take some time, however in the end Matt did everything he could do to ensure that got the maximum for my claim. Strongly recommend. My experience was fantastic.

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