When Is a Shipping Company Liable?
Shipping companies play a vital role in our economy, transporting goods and products across the country and worldwide. However, when shipping vehicle accidents occur, the consequences can be devastating. From delivery truck crashes to forklift accidents in warehouses, shipping-related incidents can cause serious personal injuries to workers, drivers, and even bystanders.
Experienced personal injury lawyers have seen firsthand the physical, emotional, and financial toll these accidents can take on victims and their families. If you or a loved one has suffered an injury in an accident involving a shipping company, you should understand your rights and options for seeking compensation. The best way to do this is consulting with an injury attorney in your area who can identify liability for your injuries and losses.
Shipping Company Liability in Personal Injury Cases
Like any other business, shipping companies have a legal duty to operate safely and protect the well-being of their employees and the general public. This includes properly maintaining vehicles, training workers, and following safety regulations.
When a shipping company fails to uphold this duty and someone suffers an injury, the company may be liable for the resulting damages. This is known as negligence and forms the basis for most personal injury claims against shipping companies.
To hold a shipping company liable for a personal injury, you generally need to prove four key elements:
- The shipping company owed you a duty of care.
- The company breached that duty through negligent actions or inaction.
- The breach directly caused your injuries.
- You suffered actual damages (e.g., medical bills, lost income, pain and suffering).
These can be surprisingly complex legal issues, so you need a skilled personal injury lawyer handling your case.
Common Types of Shipping Accidents Resulting in Personal Injury
Shipping operations involve many vehicles, equipment, and activities that can lead to accidents and injuries if improperly handled. Some common shipping accidents that may give rise to personal injury claims include collisions involving delivery trucks, injuries from improperly secured cargo, slips and falls in loading docks, and accidents resulting from faulty equipment or inadequate safety measures. Here’s an expanded version of each type of shipping accident, with each one as its heading:
Delivery Truck Accidents
Delivery truck accidents are common shipping-related incidents that can result in serious personal injuries. These accidents can involve many vehicles, from small courier vans to large semi-trucks, and may occur on highways, city streets, or even in residential neighborhoods.
Some common causes of delivery truck accidents include:
- Driver fatigue or distraction
- Speeding or reckless driving
- Improperly loaded or secured cargo
- Inadequate vehicle maintenance
- Defective vehicle parts
When a delivery truck crashes into another vehicle, the occupants of that vehicle may suffer severe injuries, such as broken bones, spinal cord damage, or traumatic brain injuries. Delivery trucks striking pedestrians and bicyclists also put them at risk of catastrophic or even fatal injuries.
If the driver or the shipping company is negligent in causing a delivery truck accident, injured victims may seek compensation for their medical expenses, lost income, pain and suffering, and other damages through a personal injury claim.
Forklift and Machinery Accidents
Shipping warehouses and distribution centers rely on heavy machinery and equipment to move and store goods. When this machinery is not properly maintained or operated, serious accidents can occur, causing injuries to workers and others in the vicinity.
Forklift accidents are a particularly common type of machinery-related incident in shipping facilities. Forklifts can tip over, collide with other objects, or drop their loads, crushing or striking workers. Improper training, speeding, and overloading are frequent contributing factors in forklift accidents.
Other types of machinery that can cause injuries in shipping operations include:
- Conveyor belts
- Pallet jacks
- Cranes and hoists
- Packaging and labeling equipment
Machinery accidents in shipping facilities can result in a wide range of injuries, from lacerations and broken bones to amputations and fatal crushing or entanglement injuries. Workers injured by malfunctioning or improperly operated machinery may seek compensation through a personal injury lawsuit if their personal injury attorney can prove the negligence of a third party or if their employer did not have workers’ comp coverage.
Slip and Fall Accidents
Slip and fall accidents are a leading cause of injury in many industries, including shipping and logistics. These accidents occur when a person loses their footing on a slippery, cluttered, or uneven surface and falls, often resulting in serious injuries like broken hips, spinal cord damage, or head trauma.
In shipping facilities, some common hazards that can contribute to slip and fall accidents include:
- Wet or oily floors
- Loose cords or debris in walkways
- Uneven or broken flooring
- Inadequate lighting
- Lack of handrails or guardrails
Shipping companies are responsible for maintaining safe premises for their workers and visitors. This includes promptly cleaning up spills, repairing hazards, and providing adequate warning of potential slip-and-fall risks. If a company fails to do so and someone is injured, it may be liable for the resulting damages.
Falling Object Accidents
Shipping operations often involve stacking and storing heavy boxes, pallets, and other cargo. When these objects are not properly secured or stacked, they can fall and strike workers or bystanders, causing serious injuries.
Some common examples of falling object accidents in shipping facilities include:
- Boxes falling from high shelves or racks
- Improperly stacked pallets collapsing
- Loose or unsecured cargo shifting during transport
- Tools or equipment falling from heights during maintenance work
Falling object accidents can cause a wide range of injuries, from cuts and bruises to broken bones, spinal cord injuries, and traumatic brain injuries. In some cases, these accidents may even be fatal.
Shipping companies can prevent falling object accidents by implementing proper stacking and storage procedures, and regularly inspecting and maintaining storage equipment. When they don’t, people in the vicinity can suffer serious injuries.
Exposure to Hazardous Materials
Some shipping operations involve transporting and handling hazardous materials, such as chemicals, flammable liquids, or toxic substances. Exposure to these materials can cause serious illnesses and injuries, ranging from skin irritation and respiratory problems to chemical burns and cancer.
Shipping companies that handle hazardous materials have a special responsibility to ensure the safety of their workers and the public. This includes providing proper training and protective equipment, following regulations for labeling and packaging hazardous cargo, and having emergency response plans in case of spills or leaks.
Suppose a bystander suffers an injury or illness from exposure to hazardous materials in a shipping operation. In that case, they may seek compensation through a personal injury lawsuit. In some cases, the shipping company may also face penalties from regulatory agencies for failing to follow proper safety protocols.
Shipping companies must prioritize safety regarding hazardous materials. Anyone who suffers exposure-related harm should consult a personal injury lawyer.
What to Do If You Have Injuries From a Shipping Accident
If you’ve suffered an injury in an accident involving a shipping company, taking the right steps to protect your health and legal rights is essential. Here’s what to do in the aftermath of a shipping injury:
Seek Medical Attention Immediately
After any type of shipping accident, your top priority should be your health and well-being. Even if you don’t think you’ve suffered a severe injury, get a medical evaluation as soon as possible.
Some common injuries, like concussions or whiplash, may not show symptoms right away but can still have serious long-term consequences if left untreated. Additionally, seeking prompt medical care creates a record of your injuries, which can be valuable evidence in a future personal injury claim.
Report the Accident
Once you’ve taken care of your immediate medical needs, the next step is to report the accident to the appropriate parties. This might include the shipping companies, authorities, or other officials who can create a formal accident report.
If you were a driver or pedestrian injured in a delivery truck or other shipping vehicle accident, you must report the accident to the police and the shipping company. Be sure to get a copy of the police report and the name and contact information of the shipping company’s insurance provider.
When reporting the accident, stick to the facts and avoid admitting fault or speculating about what happened. Let the authorities and insurance companies investigate and determine liability.
Keep Track of Your Expenses
Shipping accidents can result in various expenses, from medical bills and prescription costs to lost income and property damage. Keep careful track of all these expenses, as you can recover them as part of a personal injury claim.
Create a file or folder to store all receipts, bills, and other documentation related to your accident.
This should include:
- Hospital bills and medical records
- Receipts for prescription medications and medical equipment
- Pay stubs or other proof of lost income
- Invoices for vehicle repairs or replacement
- Receipts for any other out-of-pocket expenses you incur as a result of the accident
A clear and comprehensive record of your damages will be essential in negotiating a fair settlement or proving your case in court.
Be Cautious When Communicating with Insurance Companies
After a shipping accident, insurance adjusters or representatives from the shipping company may contact you. While it’s important to cooperate with these parties, it’s also wise to be cautious about what you say.
Remember, insurance companies are in the business of minimizing payouts and protecting their bottom line. They may try to get you to admit fault or downplay the severity of your injuries to reduce their liability.
To protect yourself, stick to the facts when communicating with insurance companies and avoid speculating or admitting fault. If you’re unsure how to respond to a question, politely decline to answer and refer the adjuster to your attorney.
Adjusters might request that you provide a recorded statement, but know you are not obligated to do so. You can decline and inform them you plan to hire a personal injury lawyer to take over all communications.
Never Accept a Settlement Without Legal Advice
Insurance representatives might contact you shortly after the accident and offer you a settlement. The shipping company itself might even offer to settle the matter outside of the insurance process. This might seem positive; after all, settling your claim without a long claim process is preferable, right?
Usually, a quick offer is nothing but an attempt to settle the claim for much less than you deserve. You likely do not know the extent of your injuries and losses yet, so you might accept a lowball offer that will leave you with uncovered losses.
Be careful and never accept any settlements from anyone without having a personal injury attorney review them in light of your losses.
Consult a Personal Injury Attorney
An experienced attorney who handles shipping accident cases can:
- Investigate the accident and gather evidence to support your claim
- Identify all potential sources of liability and insurance coverage
- Handle communications with insurance companies and other parties on your behalf
- Negotiate a fair settlement that covers all your damages
- Take your case to trial if necessary to fight for the compensation you deserve
Look for an attorney with a track record of success in handling cases like yours, and don’t hesitate to ask for references or case results. Most personal injury attorneys offer free initial consultations so you can get a sense of your options and potential outcomes without any upfront cost.
Taking action and following these steps after a shipping accident can help protect your health, your rights, and your ability to recover the full compensation you need to move forward after a serious injury. If you’ve suffered an injury in a shipping accident, don’t hesitate to contact a qualified personal injury attorney for guidance and support.
Contact a Personal Injury Lawyer Today
If you’ve suffered an injury in a shipping company accident, don’t hesitate to contact us for a free, no-obligation consultation. We’ll listen to your story, answer your questions, and provide the guidance and support you need to move forward. Our team is experienced in handling complex claims against large corporations and will fight to protect your rights and ensure you receive the compensation you deserve. Contact us today to learn more and take the first step towards recovery.