Delivery Driver Accidents and Your Legal Options After a Crash
Throughout the years, how individuals receive their food has changed drastically. People all over the world use food delivery services such as Amazon Fresh, DoorDash, Uber Eats, and Instacart to have groceries, restaurant meals, packages, and household items delivered right to their homes. These services offer comfort and convenience to individuals and their families. With convenience comes an increase in motor-vehicle accidents involving delivery drivers. After a crash occurs, victims who have suffered injuries are often left wondering who is responsible for the damage caused. Many believe workers’ compensation is their only route; however, that is not always the case. Understanding the different ways to pursue compensation is essential to understanding your rights and seeking justice.
Why Delivery Driver Accidents Are Increasing
Delivery drivers operate under unique working conditions. Unlike traditional commercial drivers, delivery drivers usually:
- Drive through unfamiliar routes
- Depend on navigation apps
- Work under strict time constraints
- Make frequent stops, park, and re-enter traffic
- Use their own vehicles for delivery
In addition, oftentimes drivers are not being paid hourly. Instead, they are paid based on the number of deliveries they make. This system causes an increase in vehicle accidents as delivery drivers are interacting with delivery apps and messages, causing distractions while on the road. Delivery drivers often check the following:
- Customers orders
- Messages from customs
- Confirm drop-off locations
Common collision scenarios usually include the following:
- Sudden stops in residential areas
- Illegal parking
- Double parking
- Backing accidents in driveways or parking lots
- Distracted driving while using an app
- Failure to yield to pedestrians or cyclists
Understanding the Worker Classification Issue
One of the most important legal questions after a delivery driver crash is whether the driver is an employee or an independent contractor. Many app-based drivers are categorized as independent contractors instead of being labeled as traditional employees. The difference between the two is significant, as workers’ compensation generally applies only to workplace injuries suffered by the driver, and not to injuries suffered by the public. If a delivery driver suffers injuries while working, the driver may pursue workers’ compensation benefits.
Why Workers’ Compensation Often Does Not Apply to Victims
Workers’ compensation is meant to provide benefits to employees who have suffered injuries during the course of their job duties. It is not intended to compensate members of the public injured by a worker’s negligence. The following situations do not allow individuals to pursue a claim for workers’ compensation:
- A driver was struck by a delivery vehicle
- A pedestrian was hit during a drop-off
- A cyclist was injured by a turning delivery driver
- A property owner whose parked car was damaged
Insurance Coverage in Delivery Driver Crashes
Delivery driver cases can be complicated because multiple insurance policies may be involved. Coverage usually depends on what the driver was doing at the moment of the crash. The following are common instances that can occur to delivery drivers:
- The driver is not logged into the app. This can happen when the driver is using their vehicle for personal reasons instead of work. In this case, their personal auto insurance policy usually applies.
- The driver logged into the app but is waiting for an order. In this case, the driver's personal insurance may still play a role, although some companies will provide limited liability coverage.
- The driver is actively completing a delivery. During this case, a commercial liability policy provided through the app may apply.
Potential Liability Beyond the Driver
In certain situations, accountability may go beyond the individual driver. Determining responsibility relies on negligence. Based on the specific circumstances, more than one party may potentially be responsible, including the following:
- The driver’s personal insurer
- A commercial insurance policy
- A vehicle owner who allowed the unsafe use of the vehicle
- A third driver who contributed to the collision
Examples of negligence may include:
- Distracted driving
- Unsafe backing
- Failure to yield to others
- Speeding in residential zones
- Insufficient parking creating a traffic hazard
Types of Losses Considered in a Claim
When evaluating a personal injury claim, damages generally fall into two categories:
Economic Losses
Economic losses involve measurable financial effects, including the following:
- Medical treatment
- Rehabilitation or therapy
- Prescription costs
- Lost income
- Vehicle repair or replacement
Non-Economic Losses
Non-economic losses may include human impacts that do not have a fixed dollar value, such as the following:
- Physical discomfort
- Restrictions in day-to-day activities
- Emotional effects after a serious accident
Evidence That May Matter
After a delivery driver collision, maintaining and preserving information is often important. Individuals should hold onto valuable documentation, including but not limited to the following:
- Photographs of the vehicles
- Witness contact information
- Police reports
- Screenshots taken from delivery apps
- Records of vehicle damage
- Medical records
These important documents and evidence can assist in determining whether the delivery driver was actively working when the collision occurred.
Seeking Legal Guidance
Accident claims affecting delivery drivers usually involve multiple insurers and unique employment classifications. Understanding how coverage applies can become a complicated process for individuals suffering injuries while simultaneously managing medical recovery. Speaking with an experienced attorney can help clarify the following:
- Which insurance policies may be applicable
- Deadlines to follow or be aware of
- The necessary documentation needed for the case
Legal professionals can help victims understand the process of their case and the decisions and outcomes they may face.
How KAASS LAW Can Help
At KAASS LAW, we understand that victims who have suffered injuries while making deliveries may face challenges and hardships during their recovery process. At KAASS LAW, our experienced personal injury attorneys can assist by helping you understand the legalities of your case and providing you with the clarity and peace of mind to make a healthy recovery. Legal counsel can help coordinate between insurance companies, explaining to clients the necessary information needed for the case. This can allow you to focus on medical recovery rather than managing repeated insurance calls. Our attorneys can also help gather medical records, billing statements, repair estimates, and employment verification if missed work occurred. Legal guidance may help you better understand deadlines, documentation requirements, and the steps commonly involved in pursuing a claim after a delivery driver accident. If you have questions following an accident, you may contact KAASS LAW to request a consultation and learn more about the process and what information may be helpful to bring to an initial meeting.