In Wisconsin, the roads are full of delivery trucks racing to complete their routes. When one of these vehicles causes an accident, determining who bears responsibility becomes surprisingly complex.
You might assume the driver is solely liable, but Wisconsin law recognizes that multiple parties often share responsibility for these incidents, from the last-mile delivery company to vehicle manufacturers to the e-commerce businesses that set unrealistic expectations.
A Milwaukee truck accident lawyer can help investigate all potential sources of liability and ensure that victims aren’t left footing the bill for someone else’s negligence.
Potential Liable Parties in Delivery Truck Accidents
Delivery operations involve a lot of different people and entities. Multiple issues can occur throughout the delivery chain, and as a result, several parties may share responsibility for accidents that occur on Wisconsin roads. These liable parties may include:
- The Delivery Driver: The person behind the wheel may bear direct responsibility for negligent actions such as distracted driving, speeding, or failing to follow traffic laws while operating the delivery vehicle.
- The Delivery Company: Companies like UPS, FedEx, and Amazon may be liable for their driver’s actions on the job. Additionally, these entities may be liable if their negligent practices caused the accident.Â
- Vehicle Manufacturers: If a defective part or vehicle system contributed to the accident, the manufacturer of the delivery truck or its components could face liability for putting a dangerous product into the marketplace.
- Maintenance Providers: Third-party companies responsible for truck maintenance and repairs can be held liable if improper service or negligent inspection leads to mechanical failures causing the accident.
- Loading Companies: Companies responsible for loading cargo may be liable if improper loading caused weight distribution issues, unsecured cargo, or other hazardous conditions that contributed to the crash.
Understanding Independent Contractor versus Employee Status
The distinction between employees and independent contractors can affect liability in delivery truck accidents. Employers are liable for the actions of their employees on the job. However, many delivery companies classify drivers as independent contractors rather than employees to limit their liability. Companies like Amazon Flex, DoorDash, Instacart, and Uber Eats primarily use independent contractors.Â
However, Wisconsin courts often look beyond the classification status to examine the actual relationship between the company and the driver. If the company exercises significant control over how drivers perform their work—such as mandating specific delivery times, routes, or protocols—the court may determine an employer-employee relationship exists, making the company liable for the driver’s negligence.
Evidence That Can Be Used to Prove Liability in a Delivery Truck Accident
Gathering the right evidence can help prove the at-fault party’s liability and establish your right to financial compensation. For example, electronic logging devices can reveal if a driver exceeded federal hours-of-service regulations and was operating while fatigued at the time of your collision.Â
Delivery company performance metrics often show unrealistic quotas that encourage speeding or other dangerous behaviors to meet deadlines. Security camera footage from nearby businesses might capture the accident sequence, which may help prove the delivery driver ran a red light or failed to yield the right-of-way.
Additionally, maintenance records can demonstrate a company’s failure to address known mechanical issues despite repeated warning signs of potential failure.
Injured by a Delivery Driver? Schedule a Free Consultation Today
Liability for a delivery truck accident can include drivers, companies, maintenance providers, and even manufacturers. It is important to act quickly so that you can identify the at-fault party and pursue the compensation you deserve. The attorneys at Cannon & Dunphy S.C. have the investigative skills to establish liability and build a strong case.
Contact us at (262) 668-8884 for a comprehensive case analysis and learn how we can fight for you.