San Antonio Delivery Van Accident Lawyer
Speed is the absolute top priority for delivery van drivers. The sooner customers get their packages, the happier they are, and the better reviews they leave. All too frequently, the safety of other motorists takes a back seat to delivery speed. That’s especially true for people who operate e-scooters and other small, slow-moving vehicles that are hard to see from large delivery trucks. Additionally, many times, drivers operate these large trucks on narrow, winding residential streets that were not designed to accommodate them.
In contrast, client welfare is the top priority for the diligent San Antonio delivery van accident lawyers at the Law Office of Israel Garcia. So, before we act, we listen to our clients. That’s because we believe that the best attorney-client relationships are partnerships. This partnership, with its pillars of hard work, open communication, and zealous advocacy, usually leads to maximum compensation for serious injuries following a delivery van accident.
First Party Liability
As mentioned, excessive speed is one of the leading causes of delivery van crashes in San Antonio. Reckless speeding increases the risk of a wreck as well as the force in a collision.
Speed multiplies stopping distance. That’s especially true for fully-loaded large or medium-sized delivery vans. Frequently, the weight in these vehicles is at or above the recommended weight load. As a result, stopping distance at 40mph is almost three times higher than the stopping distance at 20mph.
Speed also multiplies the force in a collision between two objects. Essentially, excessive velocity transforms a non-injury “fender bender” into a serious injury collision.
Even if the tortfeasor (negligent driver) was traveling below the posted limit at the time of the wreck, a San Antonio delivery van accident lawyer can obtain maximum compensation.
If the tortfeasor was legally speeding, the negligence per se shortcut usually applies. In Texas, a negligent driver could be liable for damages as a matter of law if s/he violates a safety law and that violation substantially causes injury. Additional evidence is relevant to the amount of damages.
If the tortfeasor wasn’t legally speeding, an attorney can argue the driver was operating too fast for the conditions. These conditions include not only the aforementioned vehicle weight tissues, but also environmental conditions, like high winds or a wet road.
Third Party Liability
Individual drivers are legally responsible for damages in these cases. Usually, the company that owns the truck is financially responsible for them. The respondeat superior rule applies if the tortfeasor was an employee who was working in the course and scope of employment at the time of the wreck.
Texas law broadly defines these key elements. For example, almost any act which benefits the employer is within the scope of employment. That includes driving an empty truck to a garage.
Vicarious liability theories are very important in catastrophic injury cases. Usually, individual drivers don’t have enough insurance coverage to provide fair compensation to these victims. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Work With an Experienced San Antonio Van Accident Lawyer
Accident victims are entitled to substantial compensation. For a free consultation with an experienced delivery van accident lawyer in San Antonio, contact the Law Office of Israel Garcia. Attorneys can connect victims with doctors, even if they have no insurance or money.
