Delivery vans and commercial trucks are a regular part of traffic around Manchester's South Willow Street and I-293 corridors. When one of these vehicles causes a crash, the driver may not be the only party responsible. Depending on the circumstances, the delivery company or other employer may also be legally responsible for an employee's actions while working. Insurance coverage can also be different from an ordinary personal auto policy, making it important to identify all potentially responsible parties after a serious commercial vehicle crash.
If you were injured in a delivery van or truck accident in Manchester, call Buckley Law Offices at (603) 595-8801.
Why Delivery Vehicle Crashes Can Be Different
A collision involving a delivery van or commercial truck can raise questions that do not arise in an ordinary two-car accident.
The driver may have been making deliveries, traveling between stops, or operating the vehicle as part of a company's business. The vehicle may be owned by the company, leased from another business, or operated by a contractor.
That means identifying who is legally responsible can require looking beyond the person behind the wheel.
This can be particularly relevant around Manchester's South Willow Street corridor, I-293, and nearby commercial areas, where delivery vehicles and other commercial traffic regularly travel.
Can a Company Be Liable for a Delivery Driver's Crash?
Yes, in some circumstances.
Under the legal principle commonly known as respondeat superior, an employer can be held responsible for an employee's negligent actions when the employee was acting within the scope of employment.
For example, if a delivery driver causes a collision while making deliveries as part of their job, the employer may potentially share responsibility for the driver's negligence.
The exact circumstances matter. A company is not automatically liable simply because the vehicle has a company logo on it.
Questions may include:
- Was the driver an employee or an independent contractor?
- Was the driver working at the time of the collision?
- Was the driver making a delivery or performing another job-related task?
- Who owned or leased the vehicle?
- Did another company control the driver's work?
- What insurance policies covered the vehicle and driver?
Determining the answers can be important when pursuing compensation after a commercial vehicle crash.
Employer Liability vs. Driver Liability
A claim after a delivery vehicle accident may involve both the individual driver and the company.
The driver's conduct remains important. Evidence may show that the driver was speeding, distracted, failed to yield, followed another vehicle too closely, or otherwise drove negligently.
But the investigation should not necessarily stop there.
If the driver was an employee acting within the scope of employment, the employer may be responsible under respondeat superior. New Hampshire case law describes the scope of employment in terms that include whether the conduct was the kind of work the employee was hired to perform and whether it occurred within authorized time and space limits, among other considerations.
This distinction can matter because the available insurance and assets may differ depending on who is legally responsible.
What About Amazon Vans and Other Delivery Companies?
An accident involving an Amazon delivery van, a local delivery truck, or another commercial vehicle does not automatically mean the company whose name appears on the vehicle is liable.
Modern delivery networks can involve several different business relationships. A branded vehicle may be operated by an employee, a contracted delivery service, or another business.
After a crash, it may therefore be important to identify:
- The driver's actual employer
- The vehicle's registered owner
- Any company that leased the vehicle
- The company that contracted for the delivery
- The applicable commercial auto insurance
- Whether the driver was working within the scope of employment
That information may not be obvious from the accident scene.
Commercial Insurance Can Change the Picture
Commercial vehicles may be covered by business or commercial auto policies rather than an individual's personal auto insurance.
The applicable coverage depends on the vehicle, company, policy, and nature of the business. Interstate commercial carriers may also be subject to federal financial-responsibility requirements. New Hampshire's motor-carrier rules incorporate federal minimum financial-responsibility requirements for certain carriers operating in interstate commerce.
This is one reason an injured person should not assume that the driver's personal insurance is the only potential source of coverage.
The existence of a commercial policy also does not mean that an insurance company will automatically pay a claim. Liability still has to be established, and the applicable policies need to be identified.
What Evidence Matters After a Commercial Vehicle Crash?
Evidence can be especially important when responsibility extends beyond the driver.
Depending on the circumstances, useful evidence may include:
- The Manchester Police crash report
- Photographs of the vehicles and accident scene
- Dashcam or surveillance footage
- Driver statements and witness accounts
- Vehicle ownership and registration records
- Delivery records or work schedules
- Company or contractor information
- Available commercial insurance information
- Vehicle maintenance or inspection records when relevant
Some evidence may be held by the delivery company or another business rather than being available to the injured driver.
That makes early investigation important, particularly when the crash occurred along a busy commercial corridor such as South Willow Street or near I-293.
What Should You Do After a Delivery Truck Accident in Manchester?
If you are able to do so safely, photograph the vehicles, intersection or roadway, traffic signs, and visible injuries after the crash.
Get the contact information of witnesses and keep medical records, bills, and other documentation related to your injuries.
Do not assume that the driver's name or the logo on the vehicle tells you everything about who may be responsible. A delivery van can involve an employer, contractor, vehicle owner, leasing company, and one or more insurance policies.
If you were seriously injured, getting legal advice before accepting a settlement or signing a release can help you understand what claims and sources of coverage may be available.
When Should You Contact a Manchester Commercial Vehicle Accident Lawyer?
A commercial vehicle accident can become more complicated when the driver, employer, vehicle owner, contractor, or insurer each has a different role.
A Manchester delivery truck accident lawyer can investigate how the crash occurred, determine who employed or controlled the driver, identify potentially applicable insurance coverage, and evaluate whether the company may be legally responsible for the driver's conduct.
If you were injured by a delivery van or commercial truck in Manchester, including along South Willow Street or near I-293, call Buckley Law Offices at (603) 595-8801 for a case review.
Frequently Asked Question
Q. Can I hold a company liable if their delivery truck hits my car in Manchester, NH?
A. Yes. Under vicarious liability (respondeat superior), employers are legally liable for accidents caused by employees acting within the scope of their employment.
