Delivery Driver Accidents
What to do if you’ve been hit by a delivery driver
Accidents With Delivery Drivers
In addition to the regular risks of driving, time crunches, high quotas, and ever-mounting workloads can cause distraction and rushing for delivery drivers in a variety of industries. Drivers are pushed by employers and customers alike to meet increasing demands for rapid delivery, and they’re not the only ones paying the price for that increased demand. There are more delivery drivers on the road than ever before, and those drivers are under more pressure than ever before, increasing the accident risk for everyone on the road.
Delivery Driver Accidents - Who is Liable?
Regardless of the employment status of the driver you’re in an accident with, the process for determining fault in an accident does not change. Liability for the accident, however, In some cases, the driver will be considered at fault, and most often, the employer will be held liable. In some cases, the claim will be against both the driver and their employer.
Many delivery drivers are considered independent contractors and work under different guidelines as a result. In most cases, this makes it more difficult to file claims, as they do not have large insurance policies like most employers do. While some delivery companies offer their drivers supplemental insurance policies, this is not consistent across all companies. If you are in an accident caused by a delivery driver, your ability to recover compensation will depend on several factors, including which app the driver was using at the time of the accident. Liability depends on the employment status of the driver, the task at hand, who owns the vehicle, and a variety of other factors.
In the case of an accident with a delivery driver, victims are most likely going to be dealing with three insurance companies, their own, the driver’s insurance, and the employer’s. Naturally, all three companies will be trying to prove that the liability for the accident is anyone’s but their own. Most insurance companies require special coverage for delivery drivers. If a driver is operating without this coverage, it can be incredibly difficult to get their insurance to cover an accident. Because of the complexity of these cases, it is advised that anyone in an accident with a delivery driver consult with an experienced car accident injury lawyer.
Types of Delivery Drivers
There are a variety of delivery driver types on the road, all operating with different directives, rules, and regulations. Types of delivery drivers include:
Food Delivery Drivers – These drivers work directly for a company, such as a pizza place, accidents with these drivers most often happen when they are en route to their destination.
Food Delivery App Drivers – When customers want food from local restaurants, they can order food via apps with companies like DoorDash, Uber Eats, or Grub Hub. Typically, these deliveries are made by independent contractors working for the delivery app companies on behalf of the restaurants.
Last Mile Drivers – Amazon and other companies hire drivers that fulfill orders to customers, known as “last mile drivers.” Last Mile Drivers are usually independent contractors.
Contract drivers – Services like Instacart, Postmates, and Shipt deliver groceries and other products to your front door using independent contractors as delivery drivers.
Company Employee Drivers – Drivers for UPS, FedEx, florists, and other companies, often employed directly by the company.
Common Causes of Delivery Driver Accidents
More Delivery Drivers on the Road - More drivers spending more time on the road naturally means there will be an increase in the number of accidents drivers have. Unfortunately, that also means more non-commercial drivers will experience collisions with delivery drivers.
Inexperienced drivers - Food delivery drivers are usually between the ages of 18-25 years. Due to a lack of experience, they are more likely to make driving mistakes like distracted driving, following too closely, and speeding. Being more likely to make errors while driving, these inexperienced delivery drivers also make themselves more susceptible to accidents while out delivering.
Defective Vehicles - Often, delivery drivers are using their own vehicles to make deliveries. Unlike commercial vehicles, not all delivery services have requirements for vehicle maintenance or inspections for gig drivers using their own cars.
High Pressure - Restaurants, delivery services, and customers pressure delivery drivers to make deliveries quickly. Drivers know that their tips and ratings depend on swift service, and may drive faster than is safe to make quick drops.
Unfamiliar Routes - Often, food delivery drivers are most busy at night, making dinner deliveries. When you combine inexperienced drivers on unfamiliar routes with nighttime driving, it’s easy to see why accidents happen. Add in inclement weather, and accident likelihood is even higher.
Distracted Drivers - Many gig delivery services are run via an app on the drivers’ phones. These drivers are accepting deliveries, routing trips, and looking for homes or businesses in unfamiliar areas, often at night, all while attempting to pay attention to the road.
What to do if You’re Hit By A Delivery Driver
As with all auto accidents, your first priority should be the health and safety of everyone involved. Call 911, let the police investigate the accident, and seek medical treatment as soon as possible.
The second thing you should do is contact an experienced car accident injury attorney. These cases can be complex, often with multiple claims, and insurance companies are well-versed in getting around paying for damages. The claims process varies depending on the employer of the driver and the events surrounding the accident. A lawyer will review the driver’s and the employer’s insurance policies, and assist you in ensuring you get fair compensation for any injuries, expenses, and repairs needed to get you back to your everyday life. They’ll fight on your behalf with the insurance companies, file your claim, and take your case to court if necessary, so you can focus on recovering.
