Home deliveries are synonymous with the holidays; they estimate carriers will deliver 85 million packages this season alone.
While the convenience of having your goods delivered right to your doorstep is great, there are also more delivery vehicles on the road, which can increase the risk of accidents.
If you or someone you know was injured in an accident involving a delivery driver in Florida, it’s important you know your legal rights to get the compensation you deserve.
Who is liable for a delivery driver accident?
Liability in these cases isn’t necessarily black-and-white. They’re a bit complex, as you have to factor in specific details such as:
Employment status –
The driver could be a full-time employee of companies like UPS or FedEx or an independent contractor by services like Amazon or DoorDash.
Their employment distinction plays a role in liability:
- If the driver is an employee, the company can be held liable under the doctrine of respondeat superior. This means the employer is held vicariously liable for the actions of its employees if the accident occurs within the scope of their employment.
- If the driver is an independent contractor, the company likely won’t be held liable unless it can be proven negligent in hiring/supervising the driver.
Commercial vehicle insurance –
Delivery drivers are usually covered under commercial auto insurance policies that provide higher coverage limits. Filing a claim after a delivery driver accident can be confusing; seek the support of a trusted personal injury lawyer to help navigate the process.
What should you do after a delivery driver accident?
There are steps you should take if you’re ever involved in a delivery driver accident.
These steps include:
- Seek medical attention. Even if there are no apparent injuries after an accident, seek medical attention to ensure your health and safety. These medical documents could prove to be critical in your personal injury case.
- Collect evidence. Though a lot happens after an accident, you must document the crash scene by taking photos and videos of vehicle damage, your injuries, and the surrounding area. If you can, jot down your version of the story in your Notes app while it’s fresh in your mind.
- Exchange information. Don’t forget to exchange information with the delivery driver and collect the contact information of any key accident witnesses.
Filing an insurance claim after an accident
Florida is a “no-fault” state, meaning drivers involved in a car accident should turn to their insurance companies to file claims to pay for medical bills and other expenses, regardless of who’s at fault.
This is known as personal injury protection (PIP) insurance, and Florida drivers must have a minimum of $10,000 in their car insurance policy.
If your expenses exceed the PIP limit or meet Florida’s serious injury threshold, you can file a personal injury claim against the at-fault party.
Work with a trusted personal injury lawyer
Proving a delivery driver liable in an accident can be challenging as these large companies have legal teams to protect their interests.
That’s why you need an experienced legal team of your own to work on your behalf.
Schedule your free case evaluation to get started.
