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Who Is Responsible for Injuries in an Accident With a Delivery Driver?

 Posted on March 08, 2023 in Personal Injury

If it seems like there are increasing numbers of delivery vehicles on the roads, that is likely due to increased demand for services that transport products or food directly to people's doors. In addition to package delivery vehicles operated by UPS, FedEx, Amazon, or other companies, many people also deliver food or groceries for services such as DoorDash, Uber Eats, Postmates, or Instacart. This is in addition to pizza delivery drivers and others who deliver meals for restaurants. With more of these drivers on the road at any given time, car accidents with delivery vehicles have become more common.

If you have been in a collision with a delivery driver, you might be wondering who is responsible. That is, if the driver was at fault, you may be unsure if they, their insurance company, or the company they were working for can be held liable for your injuries. The answer depends on several factors, including whether the driver was working at the time of the accident. By working with a personal injury attorney, you can determine your options for pursuing compensation for your injuries.

Delivery Drivers and Liability

In general, when a person causes an accident or injury while working for an employer, the employer may be held liable for the person's actions. This is known as "vicarious liability," and it may apply in situations where delivery drivers were responsible for accidents. Thus, a person who was injured may be able to take legal action against a large corporation that employed a delivery driver and ensure that all damages are paid.

However, many large delivery companies have tried to avoid liability by classifying drivers as independent contractors instead of employees. They may claim that their drivers are self-employed and are providing services on a contract basis rather than working directly for the company. Because of this, a company may claim that it is not liable for the driver's actions or negligence.

Fortunately, many drivers are covered by insurance, including their private auto insurance policies and policies held by delivery companies. If a driver was performing services for the delivery company at the time of an accident, they will typically be covered. However, if the driver was on their way to pick up items, or if they had just delivered items to a home or business, they may not technically be considered to be working for the company, and the driver working at the time of the accident may only be covered by their personal auto insurance.

Understanding what types of insurance coverage apply and the steps that can be taken to prove that a company is liable for the actions of its drivers can be difficult. People injured in accidents, including drivers, passengers, pedestrians, or bicyclists who were struck by a delivery driver, can protect their rights and interests by working with an attorney who understands the applicable laws. A skilled lawyer will be able to identify the liable parties, negotiate with insurance companies, and ensure that the proper steps are taken to maximize the compensation a victim will be able to receive.

Contact Our Milwaukee, WI Delivery Driver Accident Lawyers

As you can see, there are a number of factors that must be considered when determining who is responsible for injuries in an accident with a delivery driver. If you have been involved in such an accident, an experienced Milwaukee personal injury attorney at Gimbel, Reilly, Guerin & Brown, LLP can help you navigate these complex legal issues and protect your rights. We will identify all sources of compensation and advocate on your behalf to ensure that you will have the financial resources to make a full recovery. Contact us today at 414-271-1440 to set up a consultation and learn more about how we can help you.



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