As online and mobile ordering options become more popular, more and more delivery drivers are on the streets. However, what happens when you’re in an accident with a negligent delivery driver? Your Houston accident injury attorney can help you determine who is at fault and how to proceed with your case. Accidents with delivery drivers can be more complex. Liability for your injuries and damages could be on the individual driver or even the company they work for. Therefore, it’s important to understand the law around delivery drivers and car accidents. Your Houston accident injury attorney can help you with your case based on your specific circumstances.
Who is Responsible for Damages After a Delivery Driver Causes an Accident?
Determining fault can be difficult in any accident. However, after a delivery driver hits you, it’s even more complicated to figure out who will pay for your medical bills and damages. Your Houston accident injury attorney can help you determine who to file a claim with. In some cases, this may be the delivery driver’s employer.
When to File a Claim Against the Delivery Company
If a negligent driver causes an accident while they are working, in many cases this means you can file a claim with their employer’s business insurance. Delivery companies often carry a higher amount of insurance. This means you can likely reach a settlement that covers all your accident-related expenses. However, there are a few rules to keep in mind about when an employer is responsible for an accident with a delivery driver.
In most cases, a delivery company is only liable for accidents caused by their employees who is working within the scope of their employment. So, if a delivery driver were to hit you on their normal route delivering orders while they’re on the clock, the company’s insurance may cover your damages. In most cases, this means your Houston car crash attorney will help you file a claim against the employer’s insurance or file a lawsuit against the company. This may include the national chain as well as the franchise, depending on the type of company responsible.
In many cases, a smaller company’s commercial general liability insurance may not cover car accidents caused by their delivery drivers. When this happens, you will likely need to file a lawsuit to recover your damages from the company.
However, what if the employee is driving a company vehicle, but they’re running a personal errand after their shift? This would not be considered within the scope of their employment, as it doesn’t pertain to their job. Therefore, in these cases, your Houston accident injury attorney will likely recommend filing a claim with their personal auto insurance or filing a lawsuit against the individual, as it’s the driver’s responsibility to pay for your damages.
Talk to Your Houston Accident Injury Attorney About Independent Contractor Delivery Employees
While this may seem fairly cut-and-dry, there are other factors that make your accident compensation a little more complex. Today, many delivery drivers are independent contractors. For example, many food delivery platforms employ independent contractors. This essentially means that they are not considered an employee of the company but offer their services under a contract.
Often, this means the company isn’t responsible for your accident damages. Even if they are working at the time, the driver isn’t really an employee. Instead, you should file a claim with their auto insurance. Unfortunately, this can also be a complicated process, as many personal auto insurance policies will not cover accidents when the driver was engaged in work-related activities. Many drivers are unaware that they need commercial auto insurance if they drive for delivery companies. If they do not have this extra coverage, their auto insurance may deny your claim.
However, that doesn’t mean you’re simply stuck without compensation. There may be several options available. For example, you may need to file a lawsuit against the driver. In other cases, you may still be able to file against the company’s insurance policy.
Though many companies consider their delivery drivers independent contractors, many still offer some insurance to help cover your damages and injuries after an accident with their drivers. For example, Door Dash and UberEats both have some liability insurance to cover accidents with their delivery drivers. However, many others do not carry this extra coverage.
Therefore, it’s important to talk to your Houston accident injury attorney before filing a claim after an accident with a delivery driver. We can help you find the right course of action when it comes to getting the compensation you need to recover from the accident.
When Should I Call My Houston Accident Injury Attorney for Help?
Accidents with delivery drivers can be tricky to navigate when you’re seeking compensation for your damages and injuries. Often, you likely have no idea whether a driver is an independent contractor or an employee, or who to file a claim with. This can delay the process and extend the time it may take to receive compensation.
Therefore, it’s best to contact your Houston traffic accident lawyer as soon as possible. Your attorney help you determine who is at-fault and who you should seek compensation from. In some cases, this requires extensive research. Additionally, your Houston accident attorney will help you gather the evidence you need for your claim or lawsuit. During negotiations, we also work to help you receive fair compensation. Hiring an attorney for your car accident can help you navigate the complicated legal process and also provides you with someone who will advocate on your behalf with your best interests in mind.
At DeSimone Law Office, we stand up for your rights after a car accident. If you were in an accident with a delivery driver, our team will fight for the compensation you need to recover. We even take care of all your medical and out-of-pocket expenses until we win your case. Call us today at (713) 526-0900 to talk to one of our attorneys or fill out our free case evaluation form today. We are here for you after an accident.