When accidents involving a pizza delivery driver occur, the pizza delivery driver or the employer is most likely liable for the resulting personal injuries, property damage, and/or wrongful deaths. Many different factors decide liability and a personal injury attorney in Las Vegas can help plaintiffs determine whether one or multiple parties are liable for a motor vehicle collision or pedestrian accident.
What Causes Pizza Delivery Collisions
Many factors contribute to the increase in the possibility of a motor vehicle collision involving a pizza delivery driver. These factors include:
- Lack of training, driving experience, and/or inadequate supervision
- Exhaustion and fatigue
- Poor vehicle maintenance
- Hurried delivery schedules and failure to obey traffic laws
- Poor weather and other Acts of God
- Increased road traffic and other factors such as the time of day or any special events
Common Variables to Consider
When it comes to accidents involving delivery drivers, many variables can come into play. The most common factors include, (1) whether the driver was on/off the clock, (2) whether the driver was operating his or her vehicle or a fleet vehicle, and (3) whether the driver was operating his or her vehicle or the vehicle of a relative. A personal injury attorney in Las Vegas can help the victim investigate the variables determining liability. Multiple parties could be liable for the factors that merged to cause a motor vehicle accident in Nevada.
Whose Insurance Pays?
This depends on the type of personal automobile insurance carried by the driver. Or, if it is not his or her vehicle, the type of vehicle insurance carried by the vehicle’s owner, or fleet operator.
When it comes to insurance and a delivery driver accident, one of the most common problems is that the driver lacks the proper coverage. This is because many auto insurance policies exclude commercial activities. In such instances, the insurance provider will typically deny the claim, however, that doesn’t mean that the courts can’t ultimately find them responsible.
As with any claim, the maximum coverage of the insurance policy must be taken into account. In most cases, the policy carried by a pizza chain or private business will be significantly higher than that carried by a delivery driver. Most delivery drivers only carry the minimum coverage required by state law.
What to do in the Immediate Aftermath of a Collision
It is imperative to stay focused and take quick action following a motor vehicle accident. There are certain critical steps every driver or pedestrian should take. These steps help protect his or her rights and ensure that the evidence establishes the other party’s fault.
The first thing anyone should do is secure proper medical care. Even if it doesn’t appear that serious injuries have occurred, everyone involved in the accident should undergo a thorough examination as many injuries can take days or even weeks to present symptoms.
It is also vital to collect the name, insurance information, and contact information of the other party, as well as the contact information and statement of any witnesses to the accident. Likewise, scan the area for security cameras and traffic cameras. If any are present, a personal injury attorney in Las Vegas can send a notification to the camera owner that he or she should preserve video from the time of the accident.
Finally, take photos and video of the accident scene. Make sure to record things such as store logos on the side of the vehicle, pizza boxes in the front/back seat, and other evidence that establishes the driver was operating as a pizza delivery driver at the time of the collision.
Suing a Pizza Franchise
Many pizza delivery drivers work for large, national franchises. These entities sell the franchise license to a local owner, who is then granted the right to operate under the brand name. However, this doesn’t mean the franchising company is automatically liable for the actions of the delivery drivers.
In most instances, the franchising company has no direct control over the delivery driver. But, most franchising agreements do include a modicum of language stipulating vehicle safety requirements, training requirements, and supervision requirements. This language can be enough to assign liability to the franchising company for failing to ensure that the franchisee properly complied with the terms of the franchising agreement.
What About PIP or Uninsured/Underinsured Coverage?
Few pizza delivery drivers make a living wage, and this means that most carry the bare minimum of insurance coverage required by Nevada law. For this reason, a plaintiff may need to file a claim with their insurance provider. PIP insurance claims and uninsured/underinsured claims can cover medical bills and lost wages up to the policy limit. Because the risk of accidents involving lightly insured delivery drivers is increasingly common, all drivers in Nevada should carry as much insurance coverage as possible just in case a collision occurs.
