Accidents Involving Delivery Drivers: Who’s At Fault & What to Do?

The Bureau of Labor Statistics (BLS) has released alarming information about accidents involving delivery service drivers, including fatal injuries. According to the BLS, accident-related injuries and fatalities are at an all-time high for delivery drivers and sales workers, with auto accidents accounting for a significant percentage of those accidents.

Whether you are a driver who is contracted as a delivery driver or a civilian, you must know your rights after an accident.

Always contact a personal injury lawyer to review your case to ensure your rights are represented and that you receive the compensation required to help you secure the treatment you need to heal from your injuries or to recoup lost wages and any other related damages.

Who Is At-Fault In an Accident With a Contracted Delivery Driver?

Drivers who work for any delivery service, whether it is a food delivery service like Grubhub or Uber Eats, Amazon or other product delivery services, or a grocery store, are required to have a valid driver’s license and insurance. However, the liability does not stop there. As with rideshare services, the host companies are also liable for vetting the safety and security of their contracted drivers, and may also be held responsible depending on the nature of your accident.

As the victim of a driving services accident, you need specialized representation to ensure you do not wind up in the middle of the “bare minimum” settlements that result from letting insurance carriers handle your situation.

The most common causes of accidents involving driver delivery services

Unfortunately, most delivery drivers are not adequately insured for their job, which complicates things if you do not have proper legal representation.

There are many reasons that car accidents involving contracted delivery drivers are on the rise, the most obvious being that there have never been more independent and commercial delivery services on the roads as there are today. Other contributing factors to otherwise avoidable car accidents caused by delivery drivers include:

• Distracted driving
• Driver fatigue (which should be somewhat limited or monitored by the contracting company)
• Using cell phones for messaging while driving.
• Speeding
• Pressure to comply with delivery, pick-up, or drop-off times (which contributes to speeding and reckless driving)
• Poor vehicle maintenance (like bald tires on wet/rainy road conditions or other mechanical failures)
• Inexperienced drivers

In these cases, the driver and the company that hires them are both held accountable, especially if the company using the driver for their deliveries has not performed responsible due diligence to vet the experience, safety, and training of the drivers, or the status of their vehicles.

What To Do After a Car Accident Involving Delivery Services Drivers

The steps you take after a car accident involving a delivery services driver is similar to the steps you would take after any single or multi-car accident:

1. Safety First: Make sure you and others are safe

The first step is to ensure you and others are safe. Do not leave your car if you are unsure about your injuries or if the environment is unsafe.

If it seems safe, get out of your car and assess the well-being of others. Call 9-1-1 to get emergency personnel on the scene. Shock is very common after a car accident, and people with severe and even life-threatening injuries can seem perfectly fine until the shock wears off. It’s always best to have trained first responders assess who may need more care.

2. Get information from those involved and any eyewitnesses

It is essential to get contact information from anyone involved in the accident as well as potential witnesses. Bystanders are often quick to flee the scene, so if active accident victims are staying put, start by getting names, phone numbers, and emails from anyone who was there. If they are willing to record what they saw, that can be helpful.

It is also essential to obtain the names, contact information, and insurance details for all parties involved in the accident. Phone cameras are the best way to do this, so take photos of everyone’s driver’s licenses (or valid IDs), car registration (if they are driving the vehicle), and car insurance.

3. Take as many photos as possible of the accident site and vehicles involved

This is so important. The photos you take immediately after the accident (of the area around the accident site, all the cars involved, and damage to the cars or other surrounding buildings or objects from multiple angles) are very helpful.

These photos provide a visual representation of what happened and can be used to support the data generated by accident reconstruction software. The detailed photos you take may be exactly what our expert witnesses use to support your case. Even photos you don’t think are important, like the inside of a person’s car, could hold keys to the cause of the accident (like open containers, THC vapes, or other drug paraphernalia, etc.).

4. Seek immediate medical attention

As we mentioned above, post-accident shock and adrenaline can make you feel like you are fine or that your injuries are only minor when something far more significant is going on. Always seek immediate care at an urgent care clinic or an ER after an accident so a physician can assess any potential injuries and get relevant images (like X-rays, CT scans, MRIs, etc.).

We also recommend scheduling an appointment with your general physician ASAP. Many of our clients have been told by urgent care doctors that they have no fractures or that their concussion is only minor when, in fact, they actually have bone breaks or a more serious head injury. By seeing a general physician within 24 to 48 hours after the accident, you may obtain a more thorough exam and review of your initial scans.

These visits also create a tangible, reputable paper trail, documenting any injuries, your pain and discomfort, other accident-related complaints, etc., which are imperative when pursuing a car accident personal injury claim.

5. Contact your auto insurance carrier

The next step is to contact your auto insurance carrier. They will begin the process of having your car towed and stored for assessment (if applicable) and start the reporting process. While this initial call is necessary to get the insurance ball rolling, less is more when it comes to sharing your side of the story to your insurance adjustor. They do not typically have your best interests at heart.

Provide them with the basic facts, but let them know that you need to reschedule a call to discuss anything in detail. This gives you a chance to contact a car accident attorney and learn more about your options - options that insurance companies will never tell you because they’re most concerned about their bottom line.

6. Contact an experienced car accident attorney

There is never any risk to calling a personal injury attorney and learning more about your options and rights. Within a 30-minute discovery call or less, we will know whether you need representation. If we take on your case, we will handle all communication with your insurance company to alleviate that burden for you and ensure that nothing you say can be used against you.

If the service driver or the company they work for shares any part of the fault, we will get to work ensuring you get all of the compensation you deserve for things like:

• Funds to replace your vehicle (if applicable)
• Medical payments
• Any treatments or therapies required (including psychological support) to help you heal and recover
• Long-term care or residential rehabilitative treatment
• Lost wages and other damages

We help you recover every single penny that you have spent as the victim of the accident, including potential future losses or pain and suffering.

Schedule a Discovery Call With Burneikis Law After Any Incidents Involving Delivery Drivers

Were you recently involved in an accident involving - or caused by - a delivery driver? Contact us at Burneikis Law to schedule a discovery call. These calls are completely free and require no obligation from you. We can review your case and provide experienced, insightful information about how to move forward.

As a boutique Bay Area legal firm specializing in personal injuries and wrongful death cases, we possess expert knowledge of the laws governing delivery driver accident claims in California. With our team on your side, we will take the necessary steps to ensure you are appropriately compensated for your troubles and injuries. Get started with your free rideshare accident case evaluation today.