Online shopping is all the rage right now. Whether ordering home essentials or afternoon snacks, the delivery industry is growing.
Statistics show that the global courier and delivery services industry generated over USD$360 billion in sales. Other statistics show that more than three billion people across the globe use some form of delivery service. About 1.8 billion ordered food online and used meal delivery services, while another 1.2 billion people used delivery services for essential and grocery items.
That said, increased demand for delivery services means more delivery vehicles on the road. And with so many trucks on the road, accidents are likely to occur, causing severe damage and injuries to those affected.
What happens when there is a crash involving delivery vehicles? If you are affected by such an incident, who will be liable for your injuries and the damages? Let’s find out in this article.
Liable Parties In Delivery Vehicle Accidents
Determining liability for a delivery vehicle crash is similar to any other vehicle accident. If the delivery vehicle driver caused the accident due to negligence, they could face legal liabilities and charges for any injuries and damages they caused.
That being said, unlike most car accidents, a delivery vehicle accident is different because there is a third party involved, the delivery company. Generally, in a regular vehicle accident, someone involved in an accident with a negligent driver could pursue a claim against the at-fault driver’s insurance company. However, it is different with delivery vehicle accidents.
A delivery vehicle driver is considered an employee of a company. However, there are limitations to pursuing compensation directly against the delivery company in certain situations. However, delivery companies are required to maintain some level of liability insurance coverage for their drivers.
Due to the legal complexities involved, it is always recommended to hire a legal expert with experience in personal injury cases similar to yours. They can help you determine who is liable for your injuries and obtain the full amount of compensation you are entitled to.
Determining Liability In A Delivery Vehicle Crash
To determine who is liable for a delivery vehicle accident, you must conduct a proper investigation and confirm certain factors. These include the following:
• Did the delivery vehicle driver cause the accident or crash?
• Were there other parties involved or situations that contributed to the accident?
• Was the delivery vehicle driver working during the accident?
If the accident was caused by another party other than the delivery vehicle driver, you should pursue compensation from that at-fault driver’s insurance company. If the delivery vehicle driver was liable for the accident, there are other things to consider.
Delivery Vehicle Driver vs Delivery Company Liability
If the delivery vehicle driver caused the crash, you need to determine if the company should also be liable for the damages and your injuries. This can be determined by confirming if the driver was working at the time of the accident.
Generally, legal experts will look at several factors to determine whether a delivery vehicle driver was working within the scope of their employment at the time of the accident. Here are some of them:
• Whether or not the driver clocked in for work
• The type of work they were performing at the time of the accident
• Where the driver was going
• Whether the driver was engaging in personal activity
• If the driver acted maliciously or was distracted
These are essential considerations in determining liability between the driver and the delivery company. Determining whether or not the delivery vehicle driver was working within their scope of employment during the accident is critical to know if the company will be liable for the accident. If the company is found liable, you are more likely to receive higher compensation. Otherwise, you can only seek compensation from the driver.
Other Possible Liable Parties
In addition, based on the accident investigation, other parties may also be potentially liable for your injuries and losses. For instance, a government entity may be liable if it involves government delivery vehicles, like the United States Postal Service. Also, if a defective roadway causes an accident, the local government entity responsible for road improvements may be liable for improper maintenance.
Other potentially liable parties may also include property owners and auto parts companies. If another party is determined to be liable for your injuries and damages, you may also pursue compensation from them.
Takeaway
Since different parties may be held liable in a delivery vehicle accident, determining fault is important to know where you should get compensation. While we hope you have never experienced any car accident, if you find yourself injured due to the negligence of a delivery vehicle driver, this article aims to help determine liability in a delivery vehicle accident.
Before working on anything else, you must ensure that a health provider has assessed your condition. And whether your injuries are severe or you don’t have the time to deal with the stress of legal processing, hiring an experienced lawyer can help you get the compensation you deserve.
