Can You Seek Compensation for a Crash With a Delivery Truck

Delivery drivers face intense pressure to stick to a schedule. Companies like Amazon, FedEx and UPS have certain quotas to meet. Failure to meet said quotas could cost delivery drivers their jobs. With so many delivery trucks on our roads, there is an increased risk of car accidents. Due to tight schedules, delivery drivers are in such a rush they might ignore traffic laws.

If you get into an accident with a delivery truck driver, do you know how to obtain compensation? Is Amazon or another delivery company liable for your damages? What if the driver is an independent contractor?

At Friedman, Domiano and Smith, we are committed to recovering full compensation for motor vehicle accident victims. Our Cleveland-based vehicle accident lawyers have obtained millions on behalf of our clients and are ready to help you at no upfront cost.

Why Delivery Drivers May be More Likely to Cause a Crash

The pressure on delivery drivers could result in a lot of dangerous driving, including:

• Driving over the speed limit
• Running red lights
• Change lanes without signaling
• Tailgating other cars
• Braking suddenly
• Not yielding the right of way
• Failing to check when backing up
• Unsafe lane changes
• Driving while fatigued

Delivery drivers may also check their smartphones or GPS devices looking for an address, resulting in distracted driving.

Double-Parked Delivery Trucks

You may have encountered a delivery truck that is double-parked on the road. Drivers often do not have enough time to find a proper parking spot. They will simply stop somewhere and run out of the truck to make a delivery and get back out on the road.

Double-parking can be dangerous because it clogs up traffic and most drivers cannot see around the truck. They may try to go around only to end up in a head-on collision with another vehicle.

Delivery Drivers are in High Demand

Another factor to consider is the high demand for the delivery of packages. Smartphone apps have made online ordering more convenient than ever before. This means companies need more drivers to meet the demand, and this could lead to the hiring of inexperienced or poorly trained drivers.

Driving in Unfamiliar Locations

Delivery drivers are often unfamiliar with areas because they are constantly driving different routes. If you have ever been driving in an unfamiliar area you know you may be at higher risk for making a dangerous maneuver that leads to a crash. These same risks exist for delivery drivers. However, when you add the immense pressure that they face to meet their quotas, the risk of a crash may be even higher.

Seeking Compensation for a Crash With a Delivery Truck

You have the right to pursue compensation for your damages if you are injured in a crash. However, seeking compensation may be more complicated if you were injured by a delivery driver.

Employee vs. Independent Contractor Drivers

If the driver is an employee of a company, you may be able to seek compensation from that company’s insurance policy. For example, UPS provides $1 million in bodily injury and property damage liability coverage through its partnership with Liberty Mutual.

You still must prove the delivery driver caused the crash. You must also establish that the crash was the cause of your injuries. An attorney could negotiate with the insurance company on your behalf to pursue the compensation you need.

Most delivery drivers are independent contractors, though.  This is the case with some of the following companies:

• FedEx
• Amazon
• Grub Hub
• Uber Eats
• DoorDash

In this situation, you need to seek compensation from the driver’s insurance policy. These drivers may purchase separate insurance because their personal auto insurance would not apply to crashes that occur when they are delivering packages.

Amazon “Flex” Program

There is also the Amazon “Flex” program, in which Amazon drivers can use their own vehicles to make deliveries. Amazon provides supplemental liability insurance for these drivers – they must maintain personal auto insurance on their vehicles to qualify for this supplemental insurance. 

Uninsured/Underinsured Motorist Insurance

If the driver is an independent contractor, his or her insurance might not be sufficient to cover your damages. He or she may have also let insurance coverage lapse. In either of these situations, you may need to turn to your own auto insurance to cover your damages. That is why it is critical to purchase uninsured and underinsured motorist coverage.

What if the Driver is Off the Clock?

Even if the driver is an employee, it is unlikely the company insurance policy will apply. You would need to file a claim against the driver’s own insurance. You may also need to seek compensation from the uninsured/underinsured motorist coverage in your own policy.

Could Companies Be Liable for Negligent Hiring?

It may be possible to show that a company like Amazon was negligent in hiring drivers. For example, Amazon might be liable if it worked with a company that had a history of hiring drivers who caused accidents and/or broke traffic laws.

Contact Friedman, Domiano and Smith After a Crash

There is no need for you to sort through your post-accident legal options on your own, particularly after a crash with a delivery truck. You can work with an experienced lawyer throughout the legal process.

Our attorneys have been advocating for crash victims for decades and there are no upfront costs for our services.