With the holiday season entering full swing, more and more delivery drivers from Amazon are taking to the road. Add to this burgeoning number the many foods and pizza delivery drivers that are already running errands from their places of employment, and you have a lot of delivery drivers behind the wheel at one time.
Of course, with more delivery drivers on the road, there’s greater potential for accidents. If your car, or you yourself, has been hit by a delivery driver, can you sue? The following information will discuss some factors related to this question.
The Cliff Notes: Key Takeaways From This Post
We provided the factors on suing a delivery driver who hit your car; however, here are the key bullet points if you are in a rush:
- Filing a claim with the delivery driver’s auto insurance company should be done in cases of regular car accidents, and it is possible to sue them as well.
- In order to bring a successful suit, gather information such as date and location of accident, delivery driver’s name, license plate number, photos of car and damage to your car, evidence from any eyewitnesses.
- It is possible to sue their employer (e.g. Amazon) if the driver is an employee.
- Areas for which compensation can be sought include property damage, medical bills/lost wages, pain and suffering, negligence.
- Seek legal advice if complications arise such as the driver being an independent contractor or any other factors.
Suing the Delivery Driver
In cases of regular car accidents, you should file a claim with the driver’s auto insurance company. In addition, you are entitled to sue the driver that hit you. The same applies to delivery drivers. In fact, suing the delivery company does not preclude you from suing the driver as well.
In order to bring a successful suit against a delivery driver, it is helpful to gather the following information if at all possible:
- The date and location of the accident
- The delivery driver’s name, and/or license plate number
- Photos of the delivery driver’s car, and damage to your car (time-stamped if possible)
- Evidence from any eyewitnesses
In most states, it is illegal for the driver to leave the scene of the accident. Therefore, if you can determine the identity of the driver in a “hit and run” accident, your claim may be processed more speedily.
Suing the Driver’s Employer
In most cases, if the delivery driver is an employee of a certain company, then you can also sue the company in question. For example, if an Amazon employee hits your car, then the company could be considered liable for any damage caused.
What to Sue the Driver For
Generally, you would sue for compensation related to one or more of the following areas:
- Property damage. This would include damage to your car, motorcycle, bike, or any other property that you own. You would need to obtain an estimate of the damage incurred. This aspect of your lawsuit will generally be resolved early in the case.
- Medical bills and lost wages. If you suffered physical injury from the accident, then you can also seek compensation for medical bills. If the driver and/or company wants to settle out of court, be cautious that you don’t accept inadequate compensation, especially if more medical bills (as a result of the accident) are on the horizon. Lost wages would incur the corresponding reimbursement.
- Pain and suffering. In addition to damage and injury compensation, you can also sue for emotional/mental pain and suffering. This is a highly variable area, and the amount you ultimately receive often depends upon the discretion of the court.
- Negligence. Finally, you can sue the driver and/or delivery company for negligence, which involves 4 key components: duty of care, breach of duty, causation, and damages.
Seek Professional Legal Advice If a Delivery Driver Hits You
In many cases, if a delivery driver hits your car and causes an accident that damages your property or injures you, you have the right to sue both the driver and his/her employer. However, there may be complicating factors. For instance, many companies hire delivery drivers as independent contractors to avoid liability should an accident occur. It is wise to seek professional legal advice in such cases since an attorney will be able to determine whether you can or cannot sue the company in question.
If a delivery driver causes damage to your property or injury to you personally, then you should investigate all avenues to receive just compensation. If you need assistance from an experienced, reputable specialist in personal injury law, reach out to Herman Wells today for a free case evaluation.