There are a growing number of delivery options across the country. Amazon delivery, food delivery services such as UberEats and GrubHub, and grocery delivery services have drivers all over New York City. Just like any other driver, delivery drivers can cause accidents. When you are involved in an accident with a delivery driver, the situation can be complicated.
Common Causes of Delivery Driver Accidents
There are some common causes of accidents that are unique to deliver drivers, including:
- Speeding in order to deliver goods on time.
- Distraction by GPS or company-based phone app.
- Driving errors caused by fatigue and long hours on the road.
- Distracted driving caused by searching for addresses and locations.
- Driving while impaired by drugs or alcohol
Who is Liable in a Delivery Driver Accident?
Determining liability in a delivery driver accident can be complicated. There are generally two types of insurance that may kick in if a delivery driver is responsible for an accident. The driver’s personal auto insurance policy may be involved or the delivery company’s liability insurance. Which insurance policy kicks in is typically based on the circumstances of the accident.
The delivery company’s insurance policy will kick in if the delivery driver was operating in the scope of their employment. This means the delivery driver was driving to or from a delivery job. In addition, most delivery companies are required to do a background check on their drivers, so if it turns out that a driver has a bad driving record, the company may be held liable for the accident. If the driver was operating a vehicle owned or controlled by the delivery company, as is the case with companies such as FedEx and UPS, then the company may be liable for the accident.
When the driver is not engaged in work related driving, then the driver’s personal insurance will kick in. The accident will then be treated just like any other car accident claim. This is especially true if the delivery driver is acting as an independent contractor operating their own vehicle at the time of the accident.
Contact an Accident Attorney
Issues surrounding delivery driver accidents can be complex, so if you’ve been involved in an accident with a delivery driver, you should consult with an experienced attorney. At Bonina & Bonina, P.C., we have been helping the injured for over 50 years. Contact us online or call us at 1-888-MEDLAW1 to schedule your free consultation. Home and hospital visits are available. Se habla español.