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Can You Sue a Delivery Driver?

Yawning delivery driver

With each year that passes, the conveniences offered to consumers only get better. For many Americans, leaving the home for a quick shopping trip or to pick up dinner isn’t on the agenda anymore. Instead, they use delivery services to bring food, products, and other services right to their doors.

As delivery services become more popular, the roads are filled more and more with delivery drivers – and the odds of getting hit by a delivery driver go up. If you get hit by a delivery driver, can you sue them or their employer for compensation?

You have the right to pursue fair compensation from any driver who causes a car accident that ends in your injury, including delivery drivers. The thing that can change is the insurance policies you can file against to pay for your damages.

When filing a delivery accident claim, you might be able to demand compensation from the:

  • Delivery driver: Many delivery drivers are not official employees of any company. Instead, they are independent contractors. For example, companies like Uber Eats and Grubhub pay food delivery drivers as independent contractors, not employees. A delivery accident caused by an independent contractor will not involve the parent company, so you will only be able to file against any insurance policies that the driver has purchased on their own.
  • Delivery driver’s employer: Some companies do hire delivery drivers as employees, though. For example, most delivery drivers for UPS and FedEx are employees. The legal rule of respondeat superior can make an employer responsible for the harm caused by its employees in accidents. If the delivery driver who hit you is an employee, then you might be able to file against their insurance policy and/or those held by their employer, which could mean being able to recover much more compensation than you would have if the driver was an independent contractor.

Statutes of Limitations for USPS Accidents

Were you hit by a delivery driver who works for the USPS? You will need to file your claim against the post office, which creates an issue due to the introduction of the Federal Tort Claims Act (FTCA). Under the FTCA, there are unique rules regarding how much time you have to file your claim, how much compensation you can receive, and so on. It is highly advised you work with an attorney if you need to bring a claim against the USPS or another government entity due to these added complexities.

Wood Law Firm, LLP in Amarillo can help you figure out your options and how much compensation you are owed after you’re hit by a delivery driver. Whether they were an independent contractor, employee, or employee of the government, they should provide you the damages you need to recover. We intend to secure every cent in your name because we do not mess around when it comes to doing what is right for our clients. Call us at (806) 304-0447 or contact us online now.