In recent years, the rise of delivery services—including expedited next-day and same-day delivery for online shopping, food delivery, and grocery delivery—has significantly altered our daily routines. These services provide unparalleled convenience, bringing everything from meals to essential items directly to our doorsteps. However, this convenience comes with a potential downside: the risk of accidents involving delivery drivers. While the majority of deliveries occur without incident, understanding your rights in the unfortunate event of an accident is crucial.
In most cases, victims of delivery driver accidents have the right to pursue legal action against the individual driver directly. Delivery services often hire their employees as independent contractors, meaning the drivers are not covered by the company’s insurance policy. If they hit someone, then the driver’s insurance is supposed to cover the damages.
But in some cases, you may also sue the delivery company directly. To do so, you will need to prove that the driver was carrying out duties related to their employment at the time of the accident. If they were making a delivery when the injury occurred, then you probably have a case. On the other hand, if they were on their way home after making deliveries, even if they were driving a work vehicle, your case is weaker.
Navigating the legal complexities surrounding delivery-related car accidents can be daunting. This blog post aims to provide a starting point for understanding your rights and options. If you have been injured by a negligent delivery driver or driver for a delivery app, seeking the counsel of a qualified Miami auto accident attorney is essential to ensure you receive fair compensation for your damages.
What types of injuries result from delivery driver accidents in South Florida?
As a driver involved in a collision with a delivery driver, there are any number of ways you may sustain injuries. The most common include:
- Bruises and Contusions
- Whiplash
- Neck and Back Issues
- Concussions
- Traumatic Brain Injuries (TBIs)
- Broken Bones
- Internal Bleeding
However, pedestrians hit by a delivery driver may suffer even more severe injuries that could prove life-threatening or fatal. More serious injuries that pedestrians face include:
- Head Injuries: These include concussions, traumatic brain injuries (TBIs), and skull fractures.
- Spinal Cord Injuries: These injuries can lead to varying degrees of paralysis and other long-term neurological impairments.
- Internal Injuries: These can include internal bleeding, damage to internal organs like the liver, kidneys, or spleen, and internal bruising.
Those injured by negligent delivery drivers should reach out to a skilled Miami-Dade County personal injury attorney to discuss their next steps.
What are common causes of delivery driver accidents?
Sadly, the pressure to meet delivery times or pick up more jobs on the app while constantly navigating through traffic at busy times of day can lead to accidents. Understanding the common causes of these accidents is crucial for both prevention and awareness. Here are some key factors that contribute to delivery driver accidents:
- Speeding and Reckless Driving: Delivery drivers often face tight schedules, which can tempt them to drive at higher speeds than advisable. Speeding reduces reaction time and increases the severity of an accident should it occur. Reckless maneuvers, such as unsafe lane changes or not yielding the right of way, further exacerbate the risk.
- Distracted Driving: The nature of delivery work requires drivers to constantly check their navigation systems, respond to updates, or communicate with customers. Activities like texting, talking on the phone, or even adjusting GPS settings can divert attention from the road. This multitasking often leads to distracted driving, a significant factor in road accidents.
- Failure to Obey Traffic Signs and Signals: Ignoring traffic lights, stop signs, and other road signals can lead to dangerous situations. Such violations are not uncommon among delivery drivers rushing to complete their rounds.
- Fatigued Driving: Long hours on the road, especially for those working in delivery, can lead to driver fatigue. Tired drivers have slower reaction times, impaired judgment, and an increased risk of falling asleep at the wheel.
- Impaired Driving: While less common, instances of delivery drivers operating vehicles under the influence of alcohol or drugs do occur. Impairment by these substances significantly increases the risk of accidents, as it affects coordination, reaction time, and decision-making abilities.
Awareness and proactive measures are key to reducing these incidents. But if you are unfortunately involved in an accident with a delivery driver, it is best to contact a personal injury attorney to make sure your rights are protected.
How can the delivery driver be proven liable for the accident?
Determining liability is a critical step in the pursuit of justice and compensation. The process, however, can be challenging. Here are a couple factors involved:
- Driver’s Behavior: One of the first aspects to assess is the behavior of the delivery driver. Was there evidence of reckless or distracted driving? Did the driver fail to obey traffic laws?
- Vehicle Condition: The ownership and condition of the delivery vehicle at the time of the accident is also crucial. Poor maintenance, like faulty brakes or worn tires, can be a significant factor.
Collecting evidence is vital in proving liability in a delivery driver accident. This evidence can include traffic surveillance footage, witness statements, delivery app logs, vehicle maintenance records, and accident reports. Photographic evidence from the accident scene can also be pivotal.
This is where hiring an experienced attorney becomes invaluable. An attorney can take on the burden of gathering and analyzing evidence, consulting with experts, and building a strong case to establish liability. They have the knowledge to navigate the legal nuances and the resources to thoroughly investigate the accident.
How can a Miami-Dade County personal injury attorney help you?
A qualified legal professional knows that the statute of limitations is not your friend. While Florida statute grants you four years, starting from the date of your accident, to file a claim, you should know that with each passing day, your case becomes that much harder to prove in court.
Furthermore, you can bet that the delivery driver and/or the company that employs them will avail themselves of the most aggressive legal team that they can afford. They will do everything possible to drag this process out and wear you down, hoping you will settle for little or nothing.
A seasoned legal representative will not let that happen to you. A lawyer can help you uncover and present compelling evidence, proving you deserve compensation.
Compensation can be awarded for various types of damages. These typically include the following:
- Medical expenses, which cover current and future medical treatments related to injuries from the accident
- Lost wages, which cover the income lost due to time away from work, and if the injuries lead to long-term disability, loss of earning capacity
- Property damage, which provides for repairs or replacement of the vehicle and other personal belongings damaged in the accident
- Pain and suffering, which includes physical discomfort and emotional distress caused by the accident
Contact a Miami-Dade County, Florida Personal Injury Lawyer
If you’ve been seriously injured as a result of negligence, or your loved one has lost their life due to someone else’s negligence, you need an aggressive legal team you can depend on. No matter the origin of the injury, our firm has the resources to satisfy the burden of proof in your personal injury claim and win you the compensation you need. Contact us at Aigen Injury Law today to schedule your free case evaluation.
Originally published April 29, 2022. Updated December 18, 2023.