Delivery Driver Accident Attorney
Delivery Driver Accident Attorney Overview
Delivery drivers transporting goods on the road have become more and more common with the rise of Amazon. The need to meet consumer demand with order fulfillment by companies like Fedex and UPS to get packages to their destinations is increasing. More delivery volumes obviously means more truck drivers on the road and mathematically, higher numbers of delivery driver related accidents. Pursuing a claim against a delivery driver becomes complicated by the way those drivers are classified, and the type of insurance which may or may not be available to an injured victim. If you have been injured in a such an accident, it is absolutely necessary to hire a delivery driver accident attorney quickly to preserve your rights.
If you are injured in a delivery driver accident, you must gather as much evidence from the scene as possible like photographs and getting information from witnesses. Documenting your injuries is also critically important and to be done immediately.
The Claims Process
The first step of any delivery driver accident claim – like any motor vehicle accident – is to demonstrate that the driver was negligent and caused your injuries. If so, that driver will be personally liable for your injuries and may be sued individually. However, that driver may not have the financial ability or insurance coverage to compensate you for injuries. That’s why it is vital to identify if the driver was working for, or on behalf of, a delivery company like Amazon or Fedex at the time of the crash. Those companies must carry “commercial automobile” coverage which may apply.
Relationship between Driver and Delivery Company
Respondeat Superior - Liability for Employees
A legal doctrine called “respondeat superior” applies if a delivery driver is actually employed by the delivery company. This doctrine holds the employer 100% responsible for any negligence of its driver. The key is to prove that the driver was “engaged in the course and scope” of his or her employment. In basic terms, the driver must be serving the interests of his or her employer at the time of the crash. For instance, a crash while off the clock on a lunch break, or on the way home at the end of the work day, does not qualify as “during work hours.” Therefore, the employer would have no responsibility for the driver. On the other hand, a driver who caused an accident while in the middle of a delivery from the warehouse is on a mission or activity for his employer. In that case, the employer is liable.
Respondeat Superior - Liability For Independent Contractors
What if the delivery driver is not “employed” at the time of the crash? There is an increasing trend by companies like Amazon to subcontract deliveries to drivers or smaller companies as “independent contractors.” This classification makes it almost impossible to hold companies like Amazon responsible for such accidents unless very specific criteria are met. In essence, the injured party has to show that the corporation actually had control of the “independent contractor” to hold it legally responsible. If the driver was motivated by pressure from Amazon to make deliveries too quickly, or they had to follow specific Amazon rules and regulations while making deliveries, those factors might be enough to hold Amazon responsible for a driver. In addition, a company like Amazon can be held directly liable for the actions of a delivery driver if it failed to follow certain safeguards such as:
- Not checking a driver’s traffic history,
- Allowing a driver to work excessive hours, or
- Should have known that the driver was unsafe after the driver began making deliveries
The inquiry is fact-specific and depends on the circumstances of each case. An experienced personal injury attorney will know precisely what to look for in getting answers to these questions, and how to get them.
Summary
An injured party can likely always still pursue the independent contractor directly even if the delivery company cannot be held responsible. Fortunately, they almost always have their own commercial liability insurance for these types of accidents. Regardless of the circumstances, a crash with a delivery driver will frequently result in responsibility for the driver, his or her employer, and possibly the corporate entity which enabled the delivery. The relationships can be complicated to navigate and identify, with different levels and triggers for insurance coverages at each layer.
The team at Santana Injury Law can get to work today on your claim and get you the most compensation for your injuries. Call now for a free consultation with an experienced delivery driver accident attorney.
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