What Happens If You Get Into a Car Accident with a Delivery Driver?

Who is Liable If Hit by a Delivery Driver?

The first thing you should know is that the status of the delivery driver determines the liability of car accident injuries. Not all delivery drivers are employees of a company. Many delivery drivers act as a self-employed, independent contractor who delivers goods on their personal vehicles.

You cannot sue a company if the delivery driver acted as an independent contractor. Here are some of the conditions when you cannot sue a company for an accident caused by a delivery driver.

• The driver owns the vehicle
• The driver pays for the gas
• The delivery driver has a liability insurance
• The delivery drivers pay for the vehicles’ maintenance
• The company pays the delivery driver on the basis of ‘per route’
• No withholding tax is deducted from driver’s salary
• The company provides no training on how to drive and deliver packages.

If the above conditions are met, the delivery driver is more likely an independent contractor. You can only sue the driver for getting compensation, and not the company for whom the delivery was being made.

Remember that some companies offer liability coverage to their drivers. For instance, DoorDash, Uber Eats, and Postmates offer up to $1,000,000 in liability coverage for car accidents that happen when the driver was on ‘active duty’. Active duty refers to the time the driver is in possession of the item to be delivered when the accident occurred. The coverage is limited to a certain amount per accident and individual basis. For example, Uber Eats has put a limit of $100,000 liability coverage per accident.

Some companies like Caviar and Grub hub don’t offer any liability coverage. You have no option but to sue the delivery driver to get compensation.

Keep in mind that the delivery company is not liable for intentional malicious actions such as kidnapping, battery, and assault. This is because a company is not responsible for actions of the individuals that are not business-related.

Contact Professional Personal Injury Attorney

You should contact a professional car accident lawyer for lawsuits relating to injuries due to negligent or reckless actions of a delivery driver. An attorney can inform you about how to get compensation from the at-fault party. You will know about the available options to get compensation for your losses.