Amazon, DoorDash, and other delivery services are meant to provide easy, efficient ways to receive packages more quickly. However, when these delivery service vehicles drive through residential neighborhoods, they may sometimes cause serious accidents to occur. Understanding what to do after a delivery driver accident and who may be held responsible is important in making sure you maintain your safety moving forward.
Understanding Delivery Driver Accidents
In an ordinary car accident, the main question that is often asked is whether one driver's negligence caused the collision. In addition, delivery drivers may also contribute to this negligence. For example, a delivery driver may be:
- An employee of a delivery company
- An employee of an independent delivery contractor
- An independent contractor using an app
- Driving a company-owned vehicle
- Driving a personally owned vehicle
- Working for more than one delivery platform
These distinctions can affect which parties and insurance policies may potentially be involved in a personal injury claim.
Amazon Delivery Driver Collisions
Some Amazon delivery drivers work for Delivery Service Partners, often called DSPs, rather than directly for Amazon. Other deliveries may be completed through programs involving independent drivers. As a result of these different arrangements, seeing the Amazon name or logo on a vehicle does not automatically establish liability. It is crucial to understand the specific facts and legal considerations of each situation before determining who is responsible.
An investigation may examine the driver's employer or contractor, ownership of the vehicle, applicable insurance coverage, and the driver's delivery assignment.
Depending on the facts, potentially responsible parties may include, but are not limited to, the following individuals.
- The driver
- The delivery service company
- Another contractor
- Another individual whose negligence may have caused the collision
UPS and FedEx Delivery Incidents
Accidents involving UPS or FedEx vehicles may involve different employment and contracting arrangements than app-based delivery accidents. Determining the driver's actual employer and the entity responsible for operating the vehicle is an important part of determining liability.
In addition, allegations may involve a company's own conduct, such as vehicle maintenance, hiring, supervision, or training.
Commercial delivery vehicles may also have records that can become relevant to an investigation, including but not limited to the following.
- Maintenance documents
- Driver information
- Route records
- Surveillance footage
- Electronic data
DoorDash and Uber Eats Collisions
DoorDash and Uber Eats accidents can present different issues because app-based delivery drivers may be classified as independent contractors under California law when statutory requirements are satisfied.
The driver's status within the app can also be important. For example, insurance questions may be different depending on whether a driver was offline, logged into an app and waiting for work, or actively completing an accepted delivery.
Who is Responsible?
The following parties may be held potentially responsible after a collision.
- The delivery driver
- An employer
- A delivery contractor
- An app-based delivery company
- A vehicle owner
- A third party
California's comparative fault principles may also allow responsibility to be distributed among multiple parties when more than one person's behavior contributed to an accident.
How do these Accidents Happen?
Delivery drivers often work in environments involving traffic, unfamiliar neighborhoods, parking restrictions, pedestrians, cyclists, and frequent stops. Accidents may involve allegations such as distracted driving, unsafe lane changes, speeding, following too closely, failing to yield, improper parking, backing collisions, running traffic signals, or driving while fatigued.
Preserving Important Records
Evidence can disappear quickly after a delivery accident. Depending on the circumstances, useful information may include, but is not limited to, the following.
- Photographs
- Witness statements
- Police reports
- Vehicle damage
- Surveillance footage
- Delivery records
- App activity
- Insurance documentation
- GPS information
Electronic records can be especially important when determining whether an app-based driver had accepted an order or was actively making a delivery at the time of the accident. Preserving available evidence can help clarify the circumstances of the accident and identify potentially liable parties.
Types of Injuries
Delivery accidents can range from minor collisions to incidents involving significant injuries. Depending on the type and severity of the crash, injuries may include the following:
- Fractures
- Head injuries
- Soft-tissue injuries
- Back injuries
- Traumatic brain injuries
- Internal injuries
An injured person's potential damages depend on the individual circumstances and may include medical expenses, lost income, property damage, and other losses recognized under California law.
Speaking to a Legal Professional
Victims who have suffered injuries from a delivery driver accident should consider seeking legal guidance and support to better understand their rights and responsibilities throughout their personal injury claims. A legal professional may be able to review the facts of your case, speak with insurance companies, and help you move towards recovery.
Our Legal Team
At KAASS LAW, our qualified personal injury attorneys are ready to help victims who have suffered injuries from a delivery driver accident. Oftentimes, these types of accidents raise serious legal and insurance questions for many individuals and their loved ones. Our legal team at KAASS LAW may help you understand the value of your case and your rights as you move forward with the claims process. Call KAASS LAW today to learn more.