Countless delivery vehicles fill the roads of Oakland, California daily. As a driver, bicyclist or pedestrian in Oakland, you could be at risk of a collision with a delivery truck, van or car at any given moment – especially due to risk factors such as distracted and drowsy driving.
At Jacoby & Meyers, we can help you hold someone accountable and get justice as a delivery accident victim. Our Oakland personal injury attorneys have been handling these cases for many years throughout California. Contact us today to begin with a free case consultation at our local Oakland office.
The Surge in Delivery Vehicle Accidents in Oakland
The Bay Area is an e-commerce hub and has long been a leader in technological innovation. As the demand for online shopping and food delivery services continues to grow, so does the need for delivery drivers and fulfillment services. Unfortunately, this correlates to an increase in delivery vehicle accidents.
A collision involving a delivery driver could happen anywhere in Oakland, from the MacArthur Maze to the suburbs. Some of the most common settings are business and residential zones, where delivery drivers make frequent stops. Other dangerous locations are intersections due to the risk of a delivery driver running a red light or stop sign.
Common Causes of Delivery Vehicle Accidents
After any type of motor vehicle accident in Oakland, an injured individual must determine the cause of the crash before filing an insurance claim. This is because California operates under a fault-based system.
Some of the top causes of delivery vehicle accidents include:
- Delivery driver pressure and time constraints
- Driver fatigue and extended hours
- Navigation app distraction
- Inadequate training and experience
- Driving under the influence of drugs or alcohol
- Failing to look before reversing
- Vehicle maintenance issues in delivery fleets
Most delivery truck and van accidents in Oakland are preventable. They typically occur due to human error or negligence, meaning the failure to act with proper care. In this situation, an injured victim has the right to hold the negligent party accountable.
Types of Delivery Accidents in Oakland
At Jacoby & Meyers, our personal injury attorneys in Oakland are prepared to handle any type of delivery accident claim. We have experience going up against large and powerful adversaries.
Our law firm can help if you’ve been injured in any type of delivery accident, including:
- Amazon and package delivery truck crashes
- Food delivery service accidents (DoorDash, UberEats, Grubhub, Postmates)
- Grocery delivery collisions
- USPS, FedEx and UPS vehicle accidents
- Gig economy driver incidents
We can help you identify the party/parties that can be held liable, or financially responsible, for your medical bills and various other losses after a thorough crash investigation.
California Laws Affecting Delivery Accident Cases
Motor vehicle collisions involving delivery services can be complicated. You may have more than one insurance coverage option as an injured victim. Delivery services typically have commercial insurance, for example, rather than only relying on the driver’s personal auto insurance policy.
To make matters more complex, some delivery drivers are classified as employees by the overarching delivery company while others are independent contractors, such as those in Amazon’s Flex Program. It can be more difficult to hold a delivery company vicariously liable for an accident caused by an independent contractor than an employee.
Recently, the California Supreme Court upheld Proposition 22, which allows app-based motor vehicle drivers to continue working as independent contractors. This decision means that app-based delivery companies can continue to avoid vicarious liability for many accidents, among several other legal implications.
Another liability option in a delivery accident case may be a third party. For example, if a defective motor vehicle part, such as bad brakes, caused your accident, the manufacturer could be held liable. Some cases involve multiple liable parties or an allegation of the victim’s comparative negligence, which could affect the amount of compensation available.
California’s Car Accident Statute of Limitations
Another law to be aware of if you wish to seek financial compensation for a delivery accident in Oakland is California’s statute of limitations (Code of Civil Procedures § 335.1). This law gives car accident victims no more than two years to file personal injury claims, in most cases. If you miss your statute of limitations, you may forfeit the right to recover compensation.
Common Injuries in Delivery Vehicle Accidents
Many delivery vehicles are large trucks and heavy vans, which can result in serious damage to smaller cars in a collision. These accidents can cause a variety of injuries, ranging from minor to severe.
Common injuries include:
- Whiplash and neck trauma
- Traumatic brain injuries
- Fractures and orthopedic injuries
- Soft-tissue damage
- Cuts and lacerations
- Organ damage and internal bleeding
- Pedestrian and cyclist injuries
- Emotional injuries and psychological trauma
Sadly, some delivery accidents in Oakland prove fatal. If you lost a loved one this way, our wrongful death lawyers can help your family hold the right party accountable.
Compensation Available for Delivery Accident Victims
A delivery accident can have significant consequences. While financial compensation won’t solve everything, it can help you get back on your feet after a harmful crash.
You may be eligible for compensation such as:
- Medical expenses (current and future)
- Lost wages and earning capacity
- Pain and suffering damages
- Property damage recovery
- Wrongful death damages for fatal accidents
Keep in mind that an insurance company may try to convince you to settle for less than you deserve. Our attorneys can help you seek a fair financial recovery.
Why You Need a Specialized Oakland Delivery Accident Attorney
Accidents with delivery vehicles in Oakland can involve many complex laws and liability issues. The most effective way to handle your claim and protect your rights is by hiring an attorney with experience with this specific type of claim.
The right lawyer can benefit you with the following:
- Understanding of delivery company operations
- Experience with app-based employment issues
- Knowledge of Bay Area traffic patterns
- Resources for thorough accident investigation
- Track record in similar delivery cases
An experienced attorney can guide you through the process of identifying the defendant, collecting evidence and dealing with multiple insurance companies while you focus on healing. If necessary, an attorney can also handle Alameda County court litigation to maximize your case results.
Contact Us Today
If you or a loved one has been involved in a delivery vehicle accident in Oakland, you deserve high-quality access to the California legal and medical systems. You deserve justice. The attorneys at Jacoby & Meyers can handle everything, from the initiation of your case against a delivery company (or another party) to a fair settlement or judgment award.
Contact us today to learn about your case during a free evaluation. Our local Oakland law office is located at 66 Franklin St Suite 300, Oakland, CA 94607. Call our 24/7 hotline at (510) 616-9169.