Car Accidents Involving Delivery Drivers

Getting into a car accident can be highly disorienting and disruptive to your life, and it can be hard to know what to do next. That confusion is only compounded when the driver of the car turns out to be a delivery driver. With the rise of delivery services such as DoorDash and Amazon, where drivers are incentivized to make quick deliveries, accidents involving delivery drivers have become increasingly common. When an accident occurs, determining who is legally responsible can be complex, particularly when the driver is operating on behalf of a company. Understanding your rights and how liability is determined in these situations is essential for anyone involved in such an incident. Here is what to know.

I Was Hit By A Delivery Driver–What Now?

If you are involved in an accident with a delivery driver, taking the right steps immediately afterward is essential to protect both your health and your legal rights.

Report the Accident to the Police

Call the police to report the accident. Having an official police report is crucial, as it provides an impartial account of the incident and establishes a formal record that insurance companies and courts will rely on. Even if the accident seems minor, do not skip this step.

Seek Medical Attention

See a doctor, even if you believe that you are not seriously injured. Certain injuries, such as whiplash, concussions, or internal trauma, may not show symptoms right away but can have lasting effects if left untreated.

Get Driver Information and Evidence

Ask for the delivery driver’s full name, contact information, driver’s license number, vehicle registration, and insurance details. Be sure to ask which delivery company the driver works for and whether they were using a company-owned vehicle or their personal car at the time of the accident. Gather evidence by taking photos and notes of the accident scene. Capture images of all vehicles involved, including any visible damage, the surrounding road conditions, traffic signs or signals, skid marks, weather conditions, and any other factors that might have contributed to the crash.

Hire An Experienced Personal Injury Attorney

Avoid speaking directly with the delivery company or its insurance representatives without first consulting a personal injury attorney. An experienced car accident attorney can guide you on how to communicate appropriately and protect your rights throughout the claims process.

Types of Delivery Drivers

There are two types of different delivery drivers, and this difference can impact aspects of the lawsuit. One of the most significant issues is determining whether the driver was classified as an employee or an independent contractor at the time of the accident. This distinction is crucial because employers are typically liable for the actions of their employees, but not for those of independent contractors. Disputes over classification can delay claims and affect the amount of compensation available.

Employed Commercial Drivers

These individuals are hired directly by a company, such as FedEx, and typically operate company-owned vehicles as part of their job duties. These drivers are considered employees under the law, meaning their employer has greater control over their work schedule, routes, training, and performance standards.

As employees, they are usually covered under the company’s commercial auto insurance policy, and the employer can be held vicariously liable for accidents that occur while the driver is performing job-related duties. If an employed commercial driver causes a crash while making deliveries or driving within the scope of employment, the injured party may have the right to pursue a claim directly against the employer’s insurance. Additionally, companies that employ these drivers may be held directly liable for negligent hiring, inadequate training, or failure to maintain safe delivery vehicles.

Independent Contractors or Gig Workers

This group includes drivers who work for app-based delivery platforms such as Instacart. These drivers typically use their personal vehicles to complete deliveries and are classified as independent contractors, not employees. Because these drivers are not formal employees, the companies they work for often attempt to shield themselves from legal responsibility in the event of a crash. In many cases, the driver is initially treated as personally liable for any harm caused. However, most major delivery platforms do offer some level of commercial liability insurance.

These workers may have personal insurance, but many personal auto insurance policies exclude coverage for accidents that occur while a vehicle is being used for commercial purposes. This can leave a dangerous gap in coverage if the platform’s insurance does not apply, and the personal policy won’t cover the incident either.

Challenges In Delivery Driver Car Accident Cases

Employee versus contractor: A major challenge is figuring out whether the delivery driver was an employee or an independent contractor. Companies are typically responsible for their employees but not always for contractors, which can affect who is held liable.
Inadequate insurance: Gig drivers often have only the minimum insurance required by law, which is usually insufficient to cover major injuries or property damage. Victims may struggle to obtain full compensation.
Insurance coverage denials: Many personal auto insurance policies do not cover accidents that happen while the driver is working. If the delivery driver was on the job, their insurance might reject the claim altogether.
Multiple parties involved: These accidents often involve more than just the driver. The delivery platform or a third-party company might also be connected, and each could have its own insurance. That makes it difficult to determine who is responsible for payment.

Hire A Personal Injury Lawyer

If you have been injured in an accident involving a delivery driver, it is in your best interest to consult with a personal injury attorney. An experienced attorney can investigate the driver’s employment status and assess the company’s potential liability. They can also help navigate complex insurance issues and accurately calculate the full extent of your damages. Additionally, an attorney can negotiate with insurers on your behalf and, if necessary, file a lawsuit to protect your rights.