Whether you order something online or have regular deliveries to your business, delivery vans are on the road every day. Unfortunately, many accidents involve delivery vans, and drivers may sustain severe injuries. You may have the option to sue for damages after an accident with a delivery van, and you should seek help from a qualified attorney.
To begin a lawsuit, you should consult with an attorney and investigate the accident. This may require you to involve the police, especially if the accident was serious. Your attorney should gather the necessary information and evidence to draft and file a formal complaint against the delivery driver. We might also consider including the driver’s employer in the case. You may still sue for damages even if you filed an insurance claim. Insurance is often insufficient, or claims are denied, and lawsuits may help injured victims get the financial compensation they need.
Contact our Columbia, SC car accident attorneys for a free case review by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
How to File a Lawsuit After an Accident with a Delivery Van in South Carolina
Following an accident with a delivery van, you should call for help immediately. Your injuries might be severe, and you may need an ambulance. You should also contact the police so they can investigate the accident.
Once you have gotten medical treatment, contact an attorney to begin preparing your lawsuit. You and your attorney should investigate the accident for evidence. Photos, security camera footage, and eyewitness accounts may be extremely important. We can also check police reports for more information.
Our South Carolina car accident attorneys will then assess your damages to determine what compensation you deserve. Once we have the necessary information, we can draft and file a formal complaint with the court. At that point, your lawsuit has begun.
How Do I Know Who to Sue After an Accident with a Delivery Van?
Determining who you can sue is not always easy, as many injured victims are not sure who is directly responsible for a delivery van accident. Below are several possibilities you should discuss with your lawyer.
The Delivery Van Driver
In many cases, the driver of the delivery van is to blame for the accident. As such, you may name them in a lawsuit. Common examples of driver negligence include speeding, driving while distracted, and ignoring lights and signs.
We should be prepared for the driver to deny all accountability, which might make it difficult to prove your claims. We must be prepared with strong, irrefutable evidence of the delivery van driver’s liability.
The Delivery Business
If we believe the delivery driver negligently caused the accident, we may include their employer in your lawsuit. An employer may be held vicariously liable for damages caused by a negligent employee as long as that employee was acting within the scope of their job.
It is often a good idea to include the driver’s employer, as they likely have greater financial resources and insurance to cover your damages.
Other Drivers
It is entirely possible that other drivers besides the delivery van driver were involved in the accident. If they contributed to the accident, they may also be named in your lawsuit. Multi-vehicle accidents can be complicated, as each driver might deny responsibility while blaming someone else. As such, you should work to carefully prepare your case with an attorney.
How to Draft a Formal Legal Complaint to Sue for a Delivery Van Accident
A formal complaint must contain detailed and specific information about the accident. We must include information that clearly identifies you and the defendant. We must also describe the accident in detail, including the date, time, location, and how it happened.
Information about your injuries and damages is also important. If any damages are mistakenly left out, they might not be claimed later. We also must include some evidence, although we do not have to include enough evidence to meet our burden of proof.
We must file the complaint with the right court within the time set by the statute of limitations. In South Carolina, personal injury plaintiffs must file their cases within 3 years, according to S.C. Code Ann. § 15-3-530(5).
Can I Sue for a Delivery Van Accident if I Also File an Insurance Claim?
An accident with a delivery van is likely covered by auto insurance, even if you were not driving a car when it happened. As such, you might have to consider filing an insurance claim and a lawsuit.
South Carolina is a fault-based state when it comes to auto insurance. Injured victims typically file third-party claims against another driver’s liability insurance. In some cases, the injured victim’s damages are fully covered by insurance, and no further legal action is necessary. Many other drivers are not so lucky.
You may sue after filing an insurance claim if the insurance company denies the claim. Alternatively, your claim might be approved, but the defendant’s policy limit is not enough to cover all your damages. In those cases, you may need to sue the delivery van driver to get all your damages covered.
What Happens After You File a Lawsuit for a Delivery Van Accident in South Carolina?
After filing your lawsuit with the court, we must wait for the defendant to file their answer. The answer should directly respond to all the allegations made in the initial complaint. The defendant may affirm certain allegations while denying others. If the defendant does not file a response, you may win the case by default.
We will soon begin the discovery process, where we exchange evidence and conduct interrogatories and depositions. Depending on the amount of evidence involved and the complexity of the case, the discovery process may take some time.
As the lawsuit continues, we may consider settlement negotiations with the defendant. We can reach a settlement at any time before a verdict is rendered on the case, even if the trial is already underway.
How Long Does It Take to Sue for a Delivery Van Accident?
The time it takes to complete your lawsuit will vary based on your unique situation. If you agree to a settlement quickly, your case might not take much time at all. If the parties are more contentious and do not cooperate, the case may take much longer.
If you pursue a full trial, your case could take months to complete, possibly longer. It is not unheard of for particularly complex or contested cases to take over a year or even several years to complete. You should talk to your attorney about what kind of time commitments you are dealing with before you file your case.
Contact Our South Carolina Car Accident Attorneys If You Were Hurt in a Crash
Contact our South Carolina car accident attorneys for a free case review by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
