If you live or work in Schaumburg, you’ve likely noticed a sharp increase in delivery trucks over the past few years. From Amazon vans on Roselle Road to FedEx trucks near Woodfield Mall, deliveries are happening nonstop. And while this convenience has its benefits, it also brings serious risks to our roads.
When a delivery truck causes a crash, it raises a question that’s more complicated than you might expect. Who’s responsible for the damage? Is it the driver? The company? Or both? The answer depends on several key factors, and how those factors are handled can make or break your case.
At SJ Injury Law, we represent people injured in delivery truck accidents in Schaumburg and surrounding areas like Arlington Heights, Des Plaines, and Palatine. We’ve seen firsthand how complex these claims can be, especially when large corporations are involved.
Delivery vehicles, such as UPS, FedEx, Amazon, DHL, and even grocery chains like Instacart or Walmart are everywhere. Many of these drivers are under pressure to meet tight deadlines and complete hundreds of stops each day. In some cases, they are looking at their phones, rushing through traffic, or cutting corners to stay on schedule. This creates dangerous conditions for everyone else on the road.
We’ve worked with clients who were rear-ended by delivery vans, sideswiped in parking lots, or hit while crossing the street. These aren’t minor accidents. Many involve serious injuries, totaled vehicles, and expensive medical treatment.
One of the first things we investigate is the legal relationship between the driver and the company. If the driver is an employee, the company is generally responsible for what happens while the driver is working. This is called “vicarious liability,” and it’s a critical part of your case.
However, some companies try to avoid liability by labeling their drivers as “independent contractors.” This is common with Amazon Flex and some food delivery services. In these situations, the company may argue that they are not legally responsible for the driver’s actions.
But that’s not the end of the story. We look at how much control the company had over the driver’s schedule, delivery assignments, and behavior. If the company had control over the driver’s actions, we can often hold them accountable, even if the driver was labeled as a contractor.
Another common issue we see is whether the delivery driver was working at the time of the accident. If they were running personal errands or using the vehicle after hours, the company may deny responsibility. This is especially true if the driver was not on an active delivery route.
That’s why it’s important to collect as much evidence as possible. Delivery logs, time stamps, GPS tracking, and communication records can help prove whether the driver was working at the time of the crash. We request this information immediately when we take on a case, so it isn’t lost or deleted.
Sometimes, the company itself may be directly at fault. We’ve handled cases where companies hired unqualified drivers, failed to maintain their delivery vehicles, or ignored complaints about unsafe behavior. In these situations, we pursue direct claims against the company for negligent hiring, training, or supervision.
In other cases, the delivery truck was in poor condition. Bad brakes, bald tires, or overloaded cargo can all contribute to serious accidents. We investigate maintenance records and inspect the vehicle when possible. If the company ignored safety issues, it can and should be held responsible.
Delivery truck cases often involve powerful corporations with teams of lawyers and insurance adjusters. These companies are not interested in paying fair compensation. Their goal is to protect their money.
They may delay the claims process, deny responsibility, or offer lowball settlements. Some even try to blame the injured person or argue that the accident wasn’t serious. We’ve seen these tactics before, and we prepare every case as if it’s going to court.
Unlike regular car accidents, these cases often involve commercial insurance policies, multiple liable parties, and complex liability questions. That’s why it’s important to act quickly and work with an attorney who knows how to handle delivery truck crashes.
Yes, in many cases you can. If the driver was working at the time of the accident and was an employee of the company, the company can be held legally responsible. This is known as vicarious liability. Even if the driver is labeled an independent contractor, we may still be able to show that the company controlled the work and is responsible for your damages. It all comes down to the facts of the case and how the company managed the driver. We investigate every detail to determine the best legal strategy for your claim.
If the driver was using their own vehicle but working for a company like Amazon Flex, DoorDash, or Instacart, you may still have a case against the company. These companies often provide commercial insurance coverage while the driver is actively working. That means you may be able to file a claim against both the driver’s personal insurance and the commercial policy. It depends on what the driver was doing at the time and whether they were on an active delivery. We sort through the insurance policies to make sure you’re covered.
Unsafe driving behavior, such as speeding, texting, or distracted driving, can be used to prove negligence. If the driver was violating traffic laws or company policies, we can use that information to strengthen your case. Many delivery drivers are under pressure to meet unrealistic quotas, which leads to careless decisions. We look at dashcam footage, cell phone records, and witness statements to uncover the truth. If the company encouraged or ignored these behaviors, we would pursue direct liability against them as well.
In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, important evidence may be lost if you wait too long. Delivery companies often delete or overwrite GPS data, dashcam footage, and internal records after a short time. That’s why it’s critical to take legal action early. We send legal notices immediately to preserve this evidence before it disappears.
Yes. Illinois uses a modified comparative fault system. That means if you were less than 50 percent at fault for the crash, you can still recover compensation. Your total award will be reduced by your percentage of fault. For example, if you are found 20 percent at fault, your recovery will be reduced by 20 percent. Delivery companies may try to blame you to avoid paying full damages. We fight to keep the focus where it belongs: on the careless or negligent actions of the delivery driver and their employer.
If you’ve been injured in a delivery truck accident in Schaumburg or any nearby city, you don’t have to face this alone. At SJ Injury Law, we fight for injured victims across Schaumburg, Arlington Heights, Buffalo Grove, Des Plaines, Elk Grove Village, Mount Prospect, Palatine, and Rolling Meadows.
We also represent clients throughout the Chicago area, including Northbrook, Prospect Heights, Wheeling, Park Ridge, Rosemont, and Glenview. We know what it takes to hold delivery companies and their drivers accountable.
For professional help and guidance with your case and to learn more about how we can assist you, please do not hesitate to contact our Schaumburg truck accident lawyers to receive your free consultation when you call (847) 434-3555. Let us protect your rights and help you pursue the compensation you deserve after a delivery truck crash.
At SJ Injury Law, we’re ready to help you Claim Your Justice™.
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