Accidents happen when people are in a hurry, including delivery drivers when they are out on the highway. Many delivery drivers in Texas run on a tight schedule and often guarantee delivery by a certain time. This is not only true in the trucking industry but actually applies across the board with many parcel package operations.
The current popularity of ordering products online and having them delivered directly to the customer’s door has exponentially increased the amount of commercial traffic on Texas highways, and many times those who are in a rush to deliver are the primary cause of auto accidents. When that evidence can be validated in an accident injury case, the amount of fault assigned to the delivery driver can be enhanced, which then potentially increases the value of an injury claim.
Comparative negligence application
All motor vehicle accidents in Texas focus on negligence when damages are determined by the court, and comparative negligence in particular. Each driver is assigned a personal negligence percentage that determines their level of liability in payment of claims.
Texas uses the modified comparative negligence law that bars drivers from financial compensation for injuries if they are 51% or greater at fault for an accident. This means the amount of fault assigned to a commercial driver cannot only impact the total value of a claim, but the opportunity for whole compensation is often available as well. And this is before any vicarious third-party responsibility is assigned to the employing transportation company.
Vicarious liability potential
Another element of an auto accident claim involving a commercial vehicle is a potential liability on the part of the company when they order drivers to act with disregard on the highways, including exceeding the speed limit. Documented evidence that can support any additional claim of negligence on the part of the employer could result in their inclusion in any legal action or even a separate additional lawsuit in egregious cases.
These are just a couple of ways that an accident case value involving a rushed delivery driver can be enhanced in court. Details can matter significantly in any accident case, and evidence of a rushed driver can at least potentially increase their comparative negligence percentage which then increases the total payout value of the claim.