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Delivery driver accidents are on the rise. On one hand, the birth of food delivery companies created more job opportunities and convenience. On the other hand, more car accidents involving a delivery driver occur and bring with them all sorts of potential legal complications both for the driver and anyone else involved in the accident. Who is responsible for the injuries received? Is the delivery driver self-employed or an employee of the restaurant? And what type of insurance problems may arise?
Understanding Your Rights as a Delivery Driver
If you’re a delivery driver involved in a food driver accident, you should know that you have the same legal rights and obligations as anyone else behind the wheel. This means that even though you’re a person who is making a delivery, you must abide by the same laws and road rules as other drivers. That said, you have the same legal rights as others on the road. If another person is the cause of the food delivery accident, they may behaved in a way that is considered negligent under the law. You may be entitled to compensation for any injury or property damage you incurred because of the accident.
Common Accidents Involving Delivery Driver Cases
Delivery drivers face a higher risk of receiving an on-the-job injury than other drivers or employees. The most common accidents noted in food delivery driver accident cases are:
- Falling accidents;
- Dog bites;
- Traffic accidents;
- Colliding with an object that isn’t a vehicle, such as a tree or a fence;
- Violent attack;
- Weather-related accidents.
Addressing Unique Legal Challenges in Delivery Driver Cases
Two of the bigger challenges in most food delivery driver accidents involve determining liability and sorting out the insurance process. These issues exist regardless of whether you are the delivery driver or the other party involved in the accident.
Determining Liability in Delivery Driver Accidents
Liability is determined by many factors, such as what happened to cause the accident. Some factors that may not have caused the accident may expand or narrow down liability so that other parties, such as a restaurant, may also be held partially at fault.
For example, is the food delivery driver an employee of the restaurant or are they an an independent contractor? This is a serious legal concern to sort out because state law also provides information on whether a “self-employed” person should be treated as an employee under the law based on their responsibilities and if there’s a certain amount of oversight provided to the driver as if they were truly an employee of the business.
In addition to identifying potentially liable parties, this also affects insurance coverage and compensation for an injury or property damage.
Insurance and Compensation in Delivery Driver Cases
Insurance coverage is a very contentious topic for food driver accidents. Take an Uber Eats or DoorDash driver as an example. They must have the minimum amount of insurance required by law for their vehicle. They also may need a special insurance policy under state law or based on the requirements of their car insurance company. Yet, both Uber Eats and DoorDash also have their insurance policies to cover certain incidents.
The insurance companies potentially and actively involved in the claim may try to push their liability onto another policy even if they should pay out compensation.
Compensation types for food delivery accident victims are often crucial in helping them get their lives back to normal.
Compensation Types for Food Delivery Accident Victims
Examples of compensation that may be available to delivery accident victims may include:
- Current and future medical expenses;
- Lost wages;
- Property damage;
- Death or disability benefits;
- Pain and suffering;
- Punitive damages, in some cases.
Steps to File a Food Delivery Incident Claim
Regardless of whether you’re a food delivery driver or if you’re in another vehicle that was involved in the accident, here’s what you do to file a food delivery incident claim:
- Call 911. This ensures that law enforcement and emergency medical personnel arrive to take a report and administer emergency care.
- Get info from involved parties. This includes identifying insurance information, and details about any restaurant employer or which food delivery company they worked for when the accident happened.
- Get same-day or urgent medical care. This begins the documentation process for your medical care related to the accident.
- Call the restaurant if the driver is an employee or the food delivery company. They have to know the accident occurred.
- Call the delivery driver accident lawyers. They will help you by handling all of the various involved entities and the claim associated.
Kermani’s Specialized Approach to Delivery Driver Accidents
The delivery driver accident lawyers of Kermani focus on the overall health of our clients. This starts with a free consultation. If Kermani takes your case, you can rest assured that the firm’s legal team will handle the insurance companies, restaurant, and food delivery company on your behalf. The Kermani team follows your claim from start to finish to ensure that the proper parties are held financially accountable for your injury.
How Kermani Law Firm Builds a Strong Case for You
Building a strong case for your food driver accident claim starts on the day you call. Kermani helps in locating and preserving evidence, and understands and applies the laws related to food driver accidents, even if the company the delivery driver partners with is in another state. Your legal team also ensures they have the proper documentation to support your claim for injury and property damage.
Achieving Fair Compensation: Kermani’s Proven Strategies
To help clients get the compensation they need for their injuries, Kermani’s delivery driver accident lawyers rely on several key pieces of evidence related to your claim. They also understand the necessity of working with and even litigating against the insurance company, restaurant, delivery company, and all other potentially liable parties. Kermani understands the games many insurance companies play with these accidents. Your lawyer stops all the games and demands fair treatment on your behalf. Schedule your free consultation now.
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Frequently Asked Questions
What steps should a delivery driver take immediately after an accident?
After an accident, a delivery driver should first evaluate the situation to determine whether serious injuries are present and whether they are safe where they are. If there are major injuries, then call 911. If you feel unsafe in your current position, then consider moving the car to the side of the road or get out of your vehicle and move to safety. Even if your injuries don’t seem that severe, your next step should be to call the police. While waiting on the police, get the contact information from the other driver and call your employer to inform them about the accident.
How does the legal process differ for delivery drivers in accident cases?
After a traditional accident, each driver’s insurance policies come into play, but with a delivery driver, things could get more complicated. First, the delivery driver’s insurance policy should kick in. If they don’t cover the accident, then the employer’s insurance policy should resolve the situation.
What types of compensation can delivery drivers seek after an accident?
Delivery drivers who are involved in an accident that’s someone else’s fault can seek compensation in the form of medical expenses, lost wages, property damage, pain and suffering, and more depending on the extent of their losses.
Are delivery drivers covered by their employer’s insurance in an accident?
Some delivery drivers are considered independent contractors, which means that they will not be covered by an employer’s insurance. When delivery drivers are classified as employees, then they are typically covered under their employer’s insurance policy.
How can a lawyer help if the delivery driver is an independent contractor?
If a delivery driver is an independent contractor, then they will be considered responsible for carrying their own insurance policy to cover the crash. A lawyer can still help, though, especially if the delivery driver isn’t carrying the proper insurance or their policy doesn’t entirely cover the losses associated with the incident.
What should delivery drivers document for their accident claim?
When a delivery driver gets in an accident, they should document the scene by calling the police who will make an official report, taking photographs of the scene, getting the contact information from the other driver, keeping medical bills, and getting repair estimates for their car.
How does liability work if the delivery vehicle is personally owned?
In this case, the crash may be covered under the delivery driver’s personal insurance policy. Depending on the circumstances, however, it could be the employer’s insurance policy that kicks in. Since liability will be tricky, it’s best to consult with an attorney to learn more about your options.
What are the common challenges faced in delivery driver accident cases?
One of the biggest challenges in delivery driver accident claims is the complexity of having multiple parties that could potentially be held liable. A lawyer can help you unpack which party should be held responsible whether that’s the delivery driver’s insurance, the company who hired the driver, or a third party. Another common challenge comes in the form of the classification of the delivery driver. If they were an employee, then the company would be more liable for their driving mistakes than if the driver is classified as an independent contractor.
Every case is unique, so we tailor our approach to meet your specific needs.
