Suing a Delivery Driver for an Accident 

Delivery drivers are seemingly everywhere, bringing packages, groceries, and meals to doorsteps at all hours of the day or night. With so many delivery drivers on the road, accidents involving these parties are becoming more common. Unfortunately, many people don’t know what to do when they’ve been hit by a speeding courier. Suing a delivery driver for a crash is possible if you can prove their employment status and liability, but the process is challenging without legal help.

Let’s take a look at what makes these incidents so complicated and how the accident attorneys at Miller Law Group can help you navigate these cases.

Delivery drivers can cause accidents by rear-ending vehicles, backing into pedestrians or cars, colliding with motorists at high speeds, or causing multi-car crashes due to sudden stops or risky maneuvers. Their job doesn’t excuse negligence, distracted, or fatigued driving.

You may have a valid claim if a courier caused a crash by:

• Failing to yield to the right-of-way at an intersection
• Striking you if you were a pedestrian in a crosswalk
• Speeding to meet delivery quotas
• Driving while distracted by phones, GPS, or delivery logs
• Making improper lane changes
• Backing up without checking blind spots
• Driving while fatigued, drowsy, or under the influence

Similar to rideshare crashes, incidents involving drivers “on the clock” have many more moving parts than a typical auto accident claim. The combination of multiple parties, overlapping insurance policies, and increasingly complex delivery networks means these cases require thorough investigation and research. Corporate liability laws don’t always apply the same, making a FedEx driver lawsuit different from a claim against an Amazon courier, which may vary from drivers for app-based food delivery, and so on.

Unlike when you’re hit by another passenger vehicle, being struck by a delivery driver may involve several entities with competing interests. Corporate liability laws typically make the business responsible for its employees, but for couriers, this could implicate several parties, including:

• The employer
• A contracting company
• A third-party logistics provider
• The retailer or restaurant
• An app-based platform

Each may have a different insurance provider, and each may argue the others are responsible and attempt to deny your claim.

Delivery drivers trying to meet tight deadlines, navigate GPS routing systems, and follow company-mandated procedures may speed or make other unsafe decisions behind the wheel. An attorney must investigate driver quotas, tracking systems, and employer policies to determine which factors may have caused a driver to rush, skip breaks, or take risks behind the wheel. All of these circumstances can reveal different factors that contributed to a delivery driver crash and identify additional faulty parties.

Whether corporate liability applies often depends on whether the driver was actively working at the time of the crash. The concept of “on the clock” can vary by delivery company, and what coverage applies in a FedEx driver lawsuit might not match that for a delivery service partner. The designation of “on the clock” can depend on:

• Whether they had completed the delivery
• If the package was in their position
• Whether they were using a personal or company vehicle

Proving the worker’s status might require:

• App ordering logs
• Delivery route data
• Time-stamped order receipts
• Electronic communication history

Many fleets use dash cams or tracking systems that record speed, braking, and driver behavior. Footage from homes, businesses, and traffic cameras may also be crucial to showing arrival and departure times and capturing any reckless behavior leading to the delivery driver’s crash. This footage must be requested quickly before it is overwritten, and you may need a lawyer’s help to navigate the chain of custody so video evidence may be used on your behalf.

Delivery companies are responsible for the actions of their employees, so businesses frequently try to classify drivers as independent contractors to avoid liability. But if the company dictates routes, schedules, performance metrics, or safety protocols, that classification may be challenged. Establishing an employment relationship can open the door to corporate insurance coverage, which can maximize your compensation.

Every delivery company operates differently. For example:

• Amazon Flex drivers are usually independent contractors.
• UPS couriers are often corporate employees with commercial insurance.
• App-based delivery personnel (Grubhub, Uber Eats, and DoorDash) are usually independent contractors driving personal vehicles.

The structure of the business model can change which insurance coverage is available. Sorting through all these details can be challenging without a team to investigate employment policies, insurers, and other logistics.

All of the factors above can help determine which entities contributed to the crash, so you can hold all at-fault parties responsible. The delivery driver may have been behind the wheel, but if they were pressured to drive recklessly, meet unreasonable performance metrics, or operate without adequate safety training, corporate liability laws may extend accountability.

Often, multiple parties share responsibility for delivery driver crashes, which can include the courier, their employer, and those in charge of safety training or routing technology. Liability depends on the person’s employment capacity at the time of the incident, the applicable commercial insurance policies, and whether any third-party company was involved. Identifying the correct corporate entity, contractor company, or app-based partner is often a large challenge in these cases.

Yes, delivery drivers may be personally liable for negligent operation that caused a car accident. If no insurance policies cover your damages, you may need to consider a lawsuit. While filling out an auto insurance claim sounds like a simple route to compensation, the insurer is likely to challenge responsibility. If the driver was using a personal vehicle for commercial use without the right coverage in place, the insurer could refuse to cover the claim. The coverage available may also be dependent on whether the person was on or off duty and what capacity they were hired.

Going after personal liability insurance to recover damages for serious injuries may not be the best route for you. Before suing a delivery driver, consult a personal injury law firm to understand what you’re owed and which legal options can help your recovery.

Yes, a lawyer may be necessary to receive compensation for physical injuries, emotional harm, and property damage caused by a negligent delivery driver. These complicated claims often require a thorough investigation, an understanding of delivery networks, and fast action to preserve evidence.

An attorney can assist with these cases by:

• Identifying all potential sources of insurance coverage
• Challenging improper contractor classifications
• Preserving physical and digital evidence
• Negotiating with corporate insurers and third-party logistics companies

Delivery driver accidents are rarely straightforward. The companies behind these drivers often move quickly to protect themselves—and you should, too. If you need help safeguarding your rights after a crash with a delivery driver, contact Miller Law Group today.