Chicago Delivery Vehicle Accident Attorney
Every day, thousands of Chicago residents receive deliveries from mail carriers, commercial vehicle drivers, and gig workers. Unfortunately, these drivers can cause serious accidents while completing their deliveries—leading to severe injuries, emotional trauma, and financial hardship.
If you are in an accident with a Chicago delivery driver, the attorneys at Taxman, Pollock, Murray & Bekkerman, LLC can help. Our Chicago delivery vehicle accident lawyers have represented hundreds of clients in their insurance claims or lawsuits and will fight tirelessly for your right to recovery. Call us today at (312) 586-1700.
Why Choose Us
- Our attorneys have secured millions of dollars in compensation for our clients. We have a strong history of record-breaking settlements and verdicts, including an $18.6 million award for a construction accident victim.
- Our firm understands the importance of a full and fair recovery. We will pursue your case to the fullest extent to secure the compensation you need, and we will not hesitate to go to trial if necessary.
- Our lawyers have decades of experience in personal injury law. We have the knowledge, skills, and experience to help you navigate the complex claims process.
Common Causes of Delivery Vehicle Accidents
Motor vehicle collisions can occur for several reasons, including poor road conditions, inclement weather, and negligent driving. Illinois is a fault accident state, requiring liable parties to pay for the damages of the victims in an accident they cause. As a result, it is very important to identify the cause of your collision before filing a claim.
Some of the most common causes of delivery vehicle accidents include:
- Fatigued driving
- Distracted driving
- Inadequate training or experience
- Improper licensing
- Unsafe lane changes
- Improper cargo loading
- Driving under the influence of alcohol or drugs
Legal Options for Delivery Vehicle Accident Victims
In a collision involving two private drivers, victims have two main options to seek compensation. They can file an insurance claim, or they can file a lawsuit against the at-fault driver. In accidents involving delivery vehicles, however, recovering compensation becomes more complex.
If the driver is an employee of a company and the accident occurred while he or she is on the job, the driver’s employer would be liable for the collision. This is due to the legal doctrine of respondeat superior, which states that an employer is legally responsible for employees’ actions. In this situation, you would file a claim under the company’s liability insurance policy or a lawsuit against the entity itself.
However, not all delivery drivers are considered employees. Some companies classify their drivers as independent contractors and are not liable for their actions. As a result, you will likely need to file a claim against the driver directly. There are three possible ways to secure this compensation.
- You can file a claim against the driver’s personal insurance. The driver may hold business insurance for his or her delivery work. He or she may also have private liability insurance as required by the state of Illinois.
- You can file a lawsuit against the driver in civil court. Some private insurance policies deny claims if the accident occurred while the driver was using the vehicle for business. Filing a lawsuit allows you to circumvent this exemption and secure the compensation you need.
- If the driver does not have insurance or does not have enough insurance to pay for your losses, you could file an uninsured motorist claim with your own policy. Illinois requires all drivers to hold uninsured motorist coverage in addition to their liability policies.
Different paths to compensation are appropriate for different circumstances. If you are unsure which option to pursue, speak to a delivery vehicle accident attorney at Taxman, Pollock, Murray & Bekkerman, LLC. Your attorney will review your case and identify your optimal next steps.
How to Prove a Delivery Accident Claim
Since Illinois car accident laws are fault-based, you will need to prove the other driver’s liability in order to secure compensation. If you are filing an insurance claim, the company will assign an independent investigator who will review the evidence and determine who caused the accident. If you are filing a lawsuit, you and your attorney will need to provide evidence to satisfy four key elements:
- The delivery driver owed you a duty of care at the time of the accident. All drivers have a responsibility to follow the law and drive safely.
- The driver breached his or her duty of care to you in some way.
- The driver’s breach of duty directly caused your accident.
- You sustained damages, such as medical expenses or vehicle repairs, that you can collect in your lawsuit.
For example, say that you are in an accident with a delivery driver who failed to yield the right of way. Since right-of-way rules are a key component of Illinois traffic law, he or she breached his or her duty of care by failing to follow them. Using evidence such as surveillance footage, medical records, and witness testimony, you can establish that the at-fault driver’s actions caused your accident. To prove your right to damages, you can use documents such as medical bills, pay stubs, invoices, receipts, and journal entries.
How Long Do You Have to File a Lawsuit in Illinois?
Under Illinois law, all civil lawsuits are subject to a statute of limitations. This law places a deadline for filing a personal injury claim. If you do not file within the stated time period, the court will dismiss your case—preventing you from recovering the compensation you deserve.
You have two years from the date of your accident to file your lawsuit. There are certain exceptions to this rule, but they are not common in car accident cases. For example, if you could not discover your injury until a later date, you have two years from the date you discovered or should have discovered the damage.
If the delivery driver worked for a city or county government agency, you have one year to file a lawsuit. You have two years to file a lawsuit against a state agency, but you must submit a written claim within one year of the accident. To identify your filing deadline, speak to a Chicago accident attorney as soon as possible.
Contact a Chicago Delivery Accident Lawyer
Are you the victim of a Chicago delivery vehicle accident? In these situations, the lawyers at Taxman, Pollock, Murray & Bekkerman, LLC can help. to schedule a free, no-obligation consultation and discuss your legal options.