Holding Drivers Responsible For Their Accidents
Due to the enormous popularity of such delivery services as Uber Eats, Postmates, DoorDash and Grubhub in California, there is a considerable number of delivery trucks on our roads. Many drivers of delivery vehicles are in a hurry to deliver the order, which results in poor judgment, speeding and violation of other traffic laws.
Fact: According to the Bureau of Labor Statistics, delivery workers and truck operators accounted for the largest number of workplace fatalities in 2016.
With the online food delivery industry pulling in more than $22 million each year, some delivery companies put a tremendous amount of pressure on their drivers or set unrealistic deadlines to complete their orders, which increases the risk of delivery vehicle accidents. When a delivery driver causes a crash, you or your loved one is entitled to compensation. If you are in this situation, do not hesitate to contact The Hayes Law Firm.
The Dangers Of Delivery Drivers
Many people in California cannot imagine their lives without the comfort of being able to order food through their phone and have it delivered within an hour or less.
Delivery services are part of the “gig economy,” and an increasing number of people in California are getting in on the trend. Delivery companies in California can deliver to your doorstep virtually anything: takeout food, groceries, hot coffee, office supplies or even medication.
While the fast pace of delivery work may bring you pizza within less than an hour, it can also be dangerous. Delivery driving is associated with countless dangers, as delivery drivers are constantly pressed for time and have to work in a stressful environment.
Here are the most common dangers associated with delivery driving:
- A delivery driver is often distracted because he or she has to check the company’s app or navigate the GPS device to complete the order as soon as possible;
- Reckless driving to avoid a late delivery;
- Speeding to deliver the order faster;
- Fatigued driving due to high levels of stress, lack of sleep, drowsiness or other factors;
- Overloading delivery vehicles to be able to deliver more goods;
- Suddenly accelerating the vehicle or coming to an abrupt stop; and
- Lack of training or supervision.
Who’s Responsible For Damages And Losses After A Delivery Vehicle Accident?
While the at-fault delivery driver may seem like the only party you can recover damages from, a experienced lawyer can help you identify other liable parties.
More often than not, the delivery driver’s employer – typically, the delivery company that hired the driver – can be held vicariously liable for the crash if it occurred within the scope of employment.
In fact, when seeking compensation from a delivery driver and their employer, it is important to consider that they typically have multiple insurance policies:
- Personal auto insurance
- The employer’s liability insurance
- The driver’s commercial or delivery insurance
Is The Delivery Company Responsible For The Crash?
In most cases, you can hold the delivery company responsible for your accident and thus file a third-party personal injury claim with its insurance company.
To determine whether the delivery company can be held vicariously liable, your attorney will have to investigate whether the crash occurred within the driver’s course of employment.
Delivery companies tend to have larger insurance policies compared to their drivers, which is why filing a claim with the driver’s employer’s insurance company gives you a better chance of securing maximum compensation for your damages and losses.