Injured by a delivery truck driver in Bakersfield? Contact the top Bakersfield delivery truck accident lawyer to seek compensation.
Delivery trucks from Amazon, UPS, FedEx, grocery services, and local couriers are a constant presence on Bakersfield’s roads, and when one of these commercial vehicles causes a crash, the consequences can be severe.
The size and weight of delivery trucks often lead to catastrophic injuries, mounting medical bills, lost wages, and long-term recovery needs. These cases are more complex than typical car accidents because they often involve multiple insurance policies, corporate defendants, and federal regulations governing commercial vehicles.
At Kuzyk Personal Injury & Car Accident Lawyers, our personal injury lawyers have extensive experience handling delivery truck accident claims throughout the Central Valley. We investigate driver conduct, maintenance records, delivery schedules, and company policies to uncover negligence and build strong, evidence-based cases.
With a deep understanding of commercial insurance structures and the tactics these insurers use to minimize payouts, we work to secure the maximum compensation you deserve for your injuries and losses.
Contact us today for a free consultation and discover how we can help you seek the compensation and justice you deserve.
Why Hire Kuzyk Personal Injury & Car Accident Lawyers for Your Delivery Truck Accident Case
Delivery truck accidents present unique challenges that standard car accident cases don’t face. Multiple parties may share responsibility, including the driver, delivery service partner, platform company, maintenance provider, or cargo loader.
Our Bakersfield delivery truck accident attorneys understand these complex liability chains and know how to hold each responsible party accountable.
We immediately preserve critical evidence that delivery companies often destroy or lose. This includes electronic logging device data, GPS tracking information, delivery schedules, driver training records, and vehicle maintenance logs. Insurance companies for delivery services employ experienced adjusters and attorneys whose job is to protect corporate profits.
Local Knowledge and Experience
Our firm has handled delivery truck cases throughout Bakersfield and Kern County for decades. We understand local traffic patterns, dangerous intersections, and court procedures that can impact your case. This local knowledge helps us build stronger arguments and achieve better results for our clients.
Comprehensive Case Management
We handle every aspect of your delivery truck accident claim from start to finish:
- Evidence preservation: Immediate letters to prevent the destruction of truck data and company records.
- Medical coordination: Referrals to qualified doctors who understand trucking injuries.
- Insurance negotiations: Aggressive advocacy against corporate adjusters and defense lawyers.
- Expert witnesses: Accident reconstruction specialists and trucking industry professionals
- Trial preparation: Full litigation support if settlement negotiations fail.
What Compensation Can You Recover After a Delivery Truck Accident
California law allows you to seek full compensation for all damages caused by a delivery truck accident. This includes both economic losses that can be calculated precisely and non-economic damages for pain and suffering. The goal is to return you to the position you were in before the accident occurred.
Economic Damages
Economic damages cover your measurable financial losses from the delivery truck accident. Medical expenses include emergency room treatment, surgery, hospitalization, physical therapy, prescription medications, and ongoing care.
You can also recover lost wages from time missed at work and reduced future earning capacity if your injuries prevent you from returning to your previous job.
Property damage compensation covers vehicle repairs or replacement, rental car expenses, and damaged personal items. Additional economic losses may include home modifications for disabilities, assistive devices, and transportation costs for medical appointments.
Non-Economic Damages
Non-economic damages compensate you for the personal impact of your delivery truck accident injuries. Physical pain and suffering address the discomfort and limitations caused by your injuries. Emotional distress covers anxiety, depression, and trauma resulting from the crash.
Loss of enjoyment of life compensates you for activities and hobbies you can no longer participate in due to your injuries. Disfigurement and scarring damage address permanent changes to your appearance that affect your self-esteem and social interactions.
Who Can Be Held Liable in a Bakersfield Delivery Truck Accident
Delivery truck accidents often involve multiple liable parties beyond just the driver who caused the crash. Identifying all responsible parties is crucial to maximizing your compensation, since each may have separate insurance coverage. Our Bakersfield commercial truck accident lawyers conduct thorough investigations to identify every potential defendant.
Delivery Drivers and Their Employers
The delivery truck driver bears primary responsibility if their negligence caused the accident. This includes violations like speeding, distracted driving, fatigue, or drunk driving. However, the driver’s employer may also be liable under the doctrine of respondeat superior, which holds employers responsible for employees’ actions during working hours.
Many delivery drivers work for Delivery Service Partners (DSPs) rather than directly for major companies like Amazon or FedEx. These DSPs are independent businesses that contract with delivery platforms but may still be liable for hiring unqualified drivers, inadequate training, or unrealistic delivery schedules that encourage unsafe driving.
Delivery Platforms and Corporate Entities
Major delivery companies like Amazon, FedEx, UPS, and others may face liability even when drivers are technically independent contractors. The key factor is the level of control these companies exercise over drivers’ work methods, schedules, and vehicle requirements.
Courts examine whether the delivery platform:
- Sets delivery routes and schedules.
- Requires specific uniforms or vehicle markings.
- Monitors driver performance through apps or GPS.
- Controls pricing and customer interactions.
- Provides training or safety instructions.
Vehicle Maintenance and Cargo Loading Companies
Poor vehicle maintenance can cause brake failures, tire blowouts, or steering problems that lead to serious accidents. The company responsible for maintaining the delivery truck may be liable if it failed to perform required inspections or repairs. This includes both in-house maintenance departments and third-party service providers.
Improper cargo loading creates another source of liability in delivery truck accidents. Overloaded vehicles or improperly secured cargo can cause the truck to become unstable, tip over, or lose control. The company or individual responsible for loading the truck may face liability for these dangerous conditions.
Government Entities and Road Conditions
Government agencies may be liable if poor road conditions contributed to your delivery truck accident. This includes inadequate signage, dangerous intersections, construction zone hazards, or failure to maintain safe roadways. Claims against government entities have shorter deadlines and special notice requirements under California law.
Common Causes of Delivery Truck Accidents in Bakersfield
Delivery truck accidents result from various factors, many of which are related to the unique pressures and challenges of commercial delivery operations. Understanding these causes helps establish liability and build stronger cases for compensation. Our attorneys investigate each potential cause to determine which parties should be held responsible.
Driver Fatigue and Hours of Service Violations
Delivery drivers often work long hours to meet demanding schedules, which can lead to dangerous fatigue behind the wheel. Federal regulations limit driving hours for commercial drivers, but some delivery operations may not comply with these rules. Fatigued drivers have slower reaction times and impaired judgment that can cause devastating accidents.
Distracted Driving and Technology Use
Delivery drivers frequently use handheld devices for GPS navigation, package scanning, and communication with dispatchers. This technology use creates significant distraction risks, especially in heavy traffic or residential areas. Taking eyes off the road for even a few seconds can result in serious collisions.
Aggressive Driving and Schedule Pressure
Tight delivery schedules and productivity requirements may encourage drivers to speed, make unsafe turns, or drive aggressively to complete their routes. This pressure can lead to poor decision-making and dangerous driving behaviors that put other motorists at risk.
Vehicle Maintenance Issues
Delivery trucks require regular maintenance due to their heavy use and stop-and-go driving patterns. Brake problems, tire wear, engine issues, and other mechanical failures can cause drivers to lose control and crash into other vehicles. Companies that skimp on maintenance to save money may be liable for accidents that result.
Backing and Parking Accidents
Many delivery truck accidents occur when drivers are backing up or maneuvering in residential areas, shopping centers, or business districts, leading to parking lot accidents. These vehicles have significant blind spots that make it difficult to see pedestrians, cyclists, or other cars, often resulting in pedestrian accidents. Inadequate safety procedures or rushed deliveries can increase these risks.
What to Do After a Delivery Truck Accident in Bakersfield
The steps you take immediately after a delivery truck accident can significantly impact your ability to recover compensation. Quick action helps preserve evidence, protect your legal rights, and ensure you receive proper medical care. Our Bakersfield delivery truck accident lawyers recommend following these important steps.
Ensure Safety and Seek Medical Attention
Your health and safety are the top priorities after any traffic accident. Call 911 immediately to report the crash and request emergency medical assistance for anyone who appears injured. Even if you feel fine initially, seek medical evaluation since some serious injuries like concussions or internal bleeding may not cause immediate symptoms.
Move to a safe location if possible, but don’t leave the accident scene. Turn on hazard lights and, if available, use flares or reflective triangles to warn other drivers. Take photographs of your injuries if they are visible, as they can serve as important evidence later.
Document the Accident Scene
Use your phone to take detailed photos and videos of the accident scene before any vehicles are moved. Capture the positions of all vehicles, damage to each car or truck, skid marks, debris, and relevant traffic signs or signals. Get pictures of the delivery truck’s company markings, DOT numbers, and license plates.
Document road conditions, weather, lighting, and any potential hazards that may have contributed to the accident. These details can be crucial for accident reconstruction experts who may analyze your case later.
Gather Information from All Parties
Exchange contact and insurance information with the delivery truck driver and any other involved parties. For delivery trucks, this information may be more complex than standard car accidents:
- Driver’s personal information and license number.
- Employer or Delivery Service Partner name and contact details.
- Vehicle registration and commercial insurance information.
- Delivery company or platform (Amazon, FedEx, etc.)
- Truck identification numbers and fleet information.
Collect Witness Information
Independent witnesses can provide crucial testimony about how the delivery truck accident occurred. Get contact information from anyone who saw the crash, including their names, phone numbers, and brief statements about what they observed. Witnesses may leave the scene quickly, so gathering this information promptly is important.
Ask witnesses to describe what they saw in their own words and whether they noticed any unusual behavior by the delivery truck driver before the accident. This information can help establish liability and counter any false claims from the trucking company.
Avoid Recorded Statements
Insurance adjusters from the delivery company will likely contact you within hours or days of the accident. They may request a recorded statement about what happened, but you are not legally required to provide one. These statements can be used against you later, so it’s best to politely decline until you’ve consulted with an attorney.
Direct all insurance communications to your lawyer once you’ve hired one. This prevents you from accidentally saying something that could harm your case or accepting an inadequate settlement offer.
Common Injuries in Delivery Truck Accidents
The size and weight differences between delivery trucks and passenger vehicles often result in catastrophic injuries to car occupants. These injuries typically require extensive medical treatment and may cause permanent disabilities that affect your quality of life and earning capacity. Understanding the full scope of your injuries is crucial for pursuing adequate compensation.
Traumatic Brain Injuries
Head injuries are common in delivery truck accidents due to the violent forces involved in these collisions. Traumatic brain injuries can range from mild concussions to severe brain damage requiring lifelong care. Symptoms may include headaches, memory problems, difficulty concentrating, personality changes, and physical impairments.
Spinal Cord Injuries
The impact from a delivery truck can cause serious damage to your spine and spinal cord. These injuries may result in partial or complete paralysis, requiring extensive rehabilitation and adaptive equipment. Even less severe spinal injuries can cause chronic pain and mobility limitations that affect your daily activities.
Broken Bones and Fractures
The force of a delivery truck collision often causes multiple bone fractures throughout the body. Arms, legs, ribs, and facial bones are particularly vulnerable in these accidents. Complex fractures may require multiple surgeries and lengthy recovery periods before you can return to normal activities.
Internal Organ Damage
Blunt force trauma from delivery truck accidents can cause serious internal injuries that may not be immediately apparent. Damage to organs like the liver, spleen, kidneys, or lungs can be life-threatening and require emergency surgery. These injuries often result in significant medical expenses and extended hospital stays.
How Long Do You Have to File a Delivery Truck Accident Claim
California law sets strict time limits for filing personal injury claims after delivery truck accidents. These deadlines, called statutes of limitations, are designed to ensure cases are brought while evidence is still fresh and witnesses’ memories are clear. Missing these deadlines can permanently bar you from recovering compensation.
Two-Year Personal Injury Deadline
Under California Code of Civil Procedure Section 335.1, you generally have two years from the date of your delivery truck accident to file a personal injury lawsuit. This deadline applies to claims for medical expenses, lost wages, pain and suffering, and other damages resulting from your injuries.
The two-year period begins on the date the accident occurred, not when you discovered your injuries or realized their full extent. However, certain circumstances may extend this deadline, such as when the injured person is a minor or mentally incapacitated.
Government Entity Claims
If your delivery truck accident involved a government vehicle, such as a USPS truck or a city delivery vehicle, different rules apply. You must file a formal claim with the appropriate government agency within six months of the accident. This administrative claim is required before you can file a lawsuit against the government entity.
Government claims have specific requirements for content and format that must be followed precisely. Failing to meet these requirements or missing the six-month deadline can prevent you from recovering any compensation from the government entity.
Why Choose Kuzyk Personal Injury & Car Accident Lawyers
Kuzyk Personal Injury & Car Accident Lawyers has been fighting for injury victims in Bakersfield and throughout California for over four decades. Our firm has helped many clients recover the compensation they deserve after serious accidents. We combine extensive legal knowledge with a compassionate approach that puts your needs first.
Our attorneys understand the complex federal regulations governing commercial vehicles and have experience handling cases against major delivery companies. We know how these corporations operate and the tactics they use to avoid responsibility. This knowledge helps us build stronger cases and achieve better results for our clients.
Proven Track Record
Our success in delivering truck accident cases speaks for itself. We have recovered millions of dollars for clients injured in collisions with commercial vehicles throughout Kern County. While past results don’t guarantee future outcomes, our track record demonstrates our commitment to fighting for maximum compensation.
No Upfront Costs
We handle all delivery truck accident cases on a contingency fee basis, which means you pay nothing unless we recover money for you. This arrangement allows you to get experienced legal representation without worrying about upfront costs or hourly fees. We only get paid when you get paid.
If You Were Working or Driving the Delivery Truck
Delivery truck drivers injured in accidents may have multiple options for compensation beyond standard auto insurance claims. If you were working at the time of the accident, you may be entitled to workers’ compensation benefits regardless of who caused the crash. You may also have a personal injury claim against other at-fault parties.
Workers’ Compensation Benefits
Workers’ compensation provides medical coverage and partial wage replacement for employees injured on the job. These benefits are available regardless of fault, meaning you can receive compensation even if you caused the accident. However, workers’ compensation benefits are typically limited compared to personal injury damages.
Third-Party Personal Injury Claims
If another driver or party caused your delivery truck accident, you may be able to file a personal injury lawsuit in addition to your workers’ compensation claim. This third-party claim can provide compensation for damages not covered by workers’ compensation, including full lost wages and pain and suffering.
The relationship between workers’ compensation and personal injury claims can be complex, especially for delivery drivers who may be classified as independent contractors rather than employees. Our attorneys can help you understand your options and coordinate both types of claims.
How Much Does It Cost to Hire a Delivery Truck Accident Attorney
At Kuzyk Personal Injury & Car Accident Lawyers, we believe everyone deserves access to quality legal representation after a serious accident. That’s why we handle all delivery truck accident cases on a contingency fee basis. You pay no upfront costs, retainer fees, or hourly charges.
Our fee is a percentage of any settlement or verdict we recover for you. If we don’t win your case, you owe us nothing. This arrangement aligns our interests with yours and ensures we’re motivated to achieve the best possible outcome for your case.
The contingency fee percentage is clearly outlined in your representation agreement and won’t increase based on the amount of your recovery. We also advance all case expenses, including expert witness fees, court costs, and investigation expenses, so you don’t have to pay anything out of pocket during your case.
Frequently Asked Questions
Can Amazon Be Held Liable if Its Delivery Driver Is an Independent Contractor?
Yes, Amazon and other delivery platforms can potentially be held liable even when drivers are classified as independent contractors. The key factor is the level of control the platform exercises over the driver’s work methods, schedules, and performance standards. Our attorneys investigate the actual working relationship to determine if liability exists beyond the contractual classification.
How Quickly Must I Contact a Lawyer After a Delivery Truck Accident?
You should contact a delivery truck accident attorney as soon as possible after your crash, ideally within the first few days. Critical evidence like electronic logging device data, GPS records, and surveillance video can be quickly lost or destroyed. Early attorney involvement allows us to send preservation letters and begin investigating while the evidence is still available.
What if the Delivery Truck Driver Doesn’t Have Adequate Insurance Coverage?
Delivery truck accidents often involve multiple insurance policies from different parties, including the driver’s personal coverage, commercial policies from their employer or DSP, and umbrella policies from the delivery platform.
Our attorneys identify all available insurance sources to maximize your recovery. We also investigate whether uninsured or underinsured motorist coverage from your own policy can provide additional compensation.
Contact Kuzyk Personal Injury & Car Accident Lawyers Today
Don’t let a delivery truck accident derail your life and financial future. The experienced attorneys at Kuzyk Personal Injury & Car Accident Lawyers are ready to fight for the compensation you deserve. We offer free consultations to discuss your case and explain your legal options with no obligation.
Time is critical in delivery truck accident cases due to evidence preservation issues and legal deadlines. Contact us today at (661) 583-0388 or visit our office to get started. We’re available 24/7 to take your call and can meet you at home or in the hospital if you’re unable to come to us.
Our Bakersfield delivery truck accident lawyers will handle every aspect of your case while you focus on recovery. You deserve justice and full compensation for your injuries, and we’re here to make sure you get both.