Delivery Driver Injuries in Houston, Texas

Have you been involved in an accident? Are you a delivery driver?

A “delivery driver” injury refers to an employee who operates a motor vehicle in the course and scope of his employment and is injured.

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There a multiple aspects to these types of cases. One of the initial questions that must be asked is who or what caused the accident. Did another operator of a motor vehicle cause the accident? If so then a claim could be made against the other driver and his or her insurance company.

Simultaneously, the injured worker could have his medical bills covered by the Workers Compensation coverage that his employer has. In that event, the Workers Compensation carrier will have a right of subrogation against the insurance co of the defendant driver. Both the insurance company for the defendant driver and the injured worker have a legal obligation to pay back the Workers Compensation carrier.


Does the Employer Have Workers' Compensation?

Let’s discuss another scenario involving the delivery driver injury. What if the employer is responsible for the maintenance of the vehicle that the injured worker was driving, and the brakes go out. Now we have to go back to the question of whether or not the employer had Workers Compensation coverage or not. Please see our pages on “workers compensation” and “non subscriber cases” to obtain more detailed information with regard to why it is important to know the answer to this question.

If the employer does not have workers compensation coverage, then the injured employee has the right to sue his or her employer and the employer is limited to the primary defense of sole proximate cause. If the employer does have coverage, then the injured worker is limited to the monies available through the workers compensation act, unless death occurred.


What can a Delivery Driver Accident Attorney do for me?

The benefit of hiring Grossman Law Office in these types of cases is that multiple legal hurdles must be successfully navigated to obtain a favorable end result. Our Houston delivery driver injuries attorneys As previously discussed, who caused the accident is a critical question that we can help determine. Then, is there workers compensation coverage? We can help obtain the answers to these issues and then proceed down the correct legal path to obtain the most favorable to you.


Some of Our Most Recent Successful Cases
Confidential Recovery - Wrongful Death / Workplace Accident
Major freight train company sued as the result of an incident which claimed the life of an employee. Our attorneys settled the case outside of court for a confidential amount.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$75,000.00 Recovery - Workplace Accident (Soft-Tissue Injuries)
Recovery for worker who suffered soft tissue injuries when his fork lift was struck by a delivery truck.
Total Recovery:
$75,000.00
Attorney Fees:
$25,000.00
Litigation Expenses:
$350.00
$550,000.00 Recovery - Wrongful Death / Workers' Compensation Gross Negligence
(policy limits) A father of two was killed on the job when he fell from a personnel platform atop an elevated piece of machinery. The defendant was initially afforded protection from a liability suit by virtue of their workers' comp policy. Upon thorough investigation, it became evident that gross negligence was at the root of the accident, and suit was filed accordingly. A successful outcome was obtained through litigation.
Total Recovery:
$550,000.00
Attorney Fees:
$220,000.00
Litigation Expenses:
$40,000.00
$300,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma)
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.

The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.

It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
Total Recovery:
$300,000.00
Attorney Fees:
$120,000.00
Litigation Expenses:
$9,807.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
$226,000.00 Recovery - Workplace Accident (Shoulder Injury Requiring Surgery)
Our attorneys were hired by a delivery driver who sustained a serious shoulder injury when a worker for a third party negligently operated a fork lift. The accident occurred as the plaintiff delivered a load of hay bails to a commercial farm.

An employee of said facility attempted to unload the trailer with a forklift. In doing so, he pushed several bales of hay off of the flatbed, over the side opposite the forklift. Consequently, several of the 400 lb (est.) bales of hay struck the plaintiff who was working to disconnect tie downs on the opposite side of the trailer. This resulted in serious injury to the plaintiff's shoulder.

The defendants took an aggressive stance and denied the claim, asserting that the plaintiff was the sole proximate cause of his own injuries by virtue of the fact that he was standing in a known dangerous area. Suit was filed soon thereafter. Our attorneys argued that the plaintiff's ordinary work duties, and indeed the normal protocol for all flatbed delivery drivers, consists of letting loose the materials to be unloaded. We maintained that the true cause of the plaintiff's injuries was that the forklift operator rushed into unloading the trailer.

Furthermore, the manner in which he unloaded the trailer was itself a contributing element of the defendant's negligence. The forks that were incorporated into the forklift in question were not compatible with stabbing hay bails; they were ordinary forks that were designed to be positioned below a heavy object that was to be lifted. The case was successfully resolved in mediation.
Total Recovery:
$226,000.00
Attorney Fees:
$84,000.00
Litigation Expenses:
$5,500.00
$700,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Fractured Pelvis, Other Internal Injuries)
A loading dock employee suffered a fractured and damage to internal organs as the result of a crushing injury sustained when an 18-wheeler backed into him and crushed him between the trailer and loading dock.
Total Recovery:
$700,000.00
Attorney Fees:
$175,000.00
Litigation Expenses:
$1,084.00
$162,500.00 Recovery - Workplace Accident (Shoulder Injury)
Recovered for worker who injured their shoulder while lifting a heavy object.
Total Recovery:
$162,500.00
Attorney Fees:
$81,250.00
Litigation Expenses:
$3,784.00
$1,010,000.00 Recovery - Workplace Accident (Hand Lacerations)
A young worker was negligently trained to operate a piece of machinery. During a routine cleaning procedure, he suffered a serious hand injury consisting of numerous deep lacerations across his palm. The defendants claimed that he was a contract laborer and therefore owed no legal duty. Through litigation, our attorneys showed evidence to establish an employer-employee relationship thereby creating a non-subscriber work injury cause of action.
Total Recovery:
$1,010,000.00
Attorney Fees:
$333,300.00
Litigation Expenses:
$50,000.00

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