Who is Responsible for a Delivery Driver’s Car Accident
In 2003, CNN reported a study that selects the highest fatalities per 100,000 employees in a certain line of work. It is no surprise that delivery driving ranks fifth on the top-10 list of most dangerous jobs in the US.
So, you’re driving safely on the road until a pizza delivery guy rushes to drop off an order, ignoring the traffic light and then making smashes into your car. Both of you suffered from a serious neck injury after the crash. Now, who is responsible for a delivery driver’s accident? Is it the company? Is it the delivery boy himself? Or should it be someone else to blame? Answers might be unclear so read on to learn more.
Food delivery is a difficult profession where drivers are expected to deliver the ordered food immediately and avoid three important things: damages on containers, food quality, and (of course) customer dissatisfaction. These factors give them a higher likelihood of crashing combined with the many related circumstances such as lack of driving experience, the pressure to make fast delivery (as I’ve mentioned), and more miles to drive with unfamiliar roads.
However, it’s not just drivers who are in danger during a crash. With one reckless mistake, driving can take away the driver’s or someone else’s life. Meaning, everyone on the road is a potential victim. What would you do if you were one of those victims?
Here are basic steps to take after a serious crash with a delivery driver:
The main priority should be your health and safety. You or a loved one should call 911 and seek immediate medical treatment. Also, get the following information that will help you cooperate with the police investigation:
- The name and contact information for the driver and his or her employer
- The driver’s insurance information
- Pictures of the crash scene, including the vehicles, plate numbers, skid marks, injuries, and other important details
- The witnesses’ names and contact information
After that, call an experienced injury lawyer to help you discover the different insurance policies to which you can be covered and then file for a lawsuit to take your case in the courtroom. After all, lawyers have to observe if the delivery driver has been involved in any previous accidents and evaluate the restaurant’s or delivery service’s insurance policies.
If the delivery driver is a restaurant’s employee, you may be able to file for an insurance claim against the restaurant. Employers are usually responsible for their employee’s negligence in the course of employment. However, some drivers may also work as independent contractors which means that they are only contracted to perform work but are more considered as nonemployees. Typically, insurance companies are not liable for any independent contractor’s negligence.
When the driver’s insurer declines to cover your loss or the restaurant has minimal coverage, you can always turn to your other options such as filing for PIP insurance or Uninsured/Underinsured Motorists Claims.
A PIP (Personal Injury Protection) Insurance is an extension of car insurance policies. It can cover your or your passenger’s medical bills, lost wages, and other costs in the event of a collision, regardless of any fault. On the other hand, the purpose of Uninsured or Underinsured Motorists Claims is to cover your medical bills, lost income, and other related expenses in the event that the at-fault party does not carry any automobile liability insurance to pay for your loss.
So, who is responsible for a delivery driver’s accident? Is it the company? Is it the delivery boy himself? Or should it be someone else to blame? Simple answer: everyone may be responsible but it depends on the real situation.