When a delivery driver causes a car accident in Las Vegas, injured victims may be able to recover compensation by filing a personal injury claim against the driver and his or her insurance company, the company’s auto insurance, or the company itself. In some cases, personal injury claims can be filed against multiple parties simultaneously. Whether you were hurt in an Amazon delivery truck accident, a crash with DoorDash, or a wreck with a pizza delivery driver, Mainor Wirth Injury Lawyers can help you identify all parties who may be liable for your injuries. Let us help ensure you recover maximum compensation.
If a delivery driver caused you to be injured, call the Las Vegas car accident attorneys at Mainor Wirth for legal advice. 702-464-5000. Free Consultation.
More delivery drivers on the road, the increased demand for supplies, and tight deadlines can be a dangerous combination, increasing the risk of motor vehicle accidents motor vehicle accidents that cause serious injuries or death.
COVID-19 has led to an increased number of people ordering food and merchandise online from companies like Amazon or through apps like DoorDash or Instacart. As a result, there is a steady stream of Amazon delivery trucks, pizza delivery drivers, and drivers for other delivery services bringing us everything from groceries and toilet paper from Albertson’s or Smart & Final, to dinner from local restaurants like Raising Cane’s, Wingstop, or Tacos El Gordo. And as the pandemic rages on, the number of delivery drivers continues to skyrocket in Las Vegas. The United States Department of Labor reports that there are approximately 1.5 million delivery drivers throughout the country.
Determining liability in delivery driver accidents can be tricky. During your free consultation, an accident attorney will ask you several questions to help us identify all of the parties who may hold responsibility for your losses. While the negligent driver may bear some responsibility when he or she causes a crash, we’ll need to consider a number of factors to determine who should have to pay for your injuries and other losses.
The delivery driver’s employment classification plays a large role in deciding who is responsible for paying for your medical expenses, lost wages, and other losses. If the driver was classified as an employee, the company he or she works for will probably need to pick up the tab. If the driver was classified as an independent contractor, however, you may be able to file a claim against the driver’s personal liability insurance, the company’s commercial liability policy, the company itself, or a combination of entities. An accident attorney with our law firm can provide legal advice and help you sort through the maze to determine the driver’s classification.
Liability for injuries caused by these types of motor vehicle accidents also depends on the driver’s level of employment activity at the time of the car accident. For instance, some insurance coverage only applies if drivers are actively delivering goods or performing services in the course of their employment when these types of vehicle accidents occur. Some insurance will cover motor vehicle accidents that happen when drivers are awaiting orders, but the insurance coverage may be lower.
There are numerous food and merchandise delivery companies that provide services to people in Las Vegas. The coverages they offer for injuries caused by motor vehicle accidents are distinct.
Amazon is the fourth largest delivery service in the United States. Amazon delivery trucks deliver billions of packages to customers every year. In 2019 alone, Amazon drivers delivered approximately 3.5 billion packages worldwide. Additionally, the company partners with over 800 contracting companies that manage more than 75,000 Amazon delivery drivers. Although Amazon maintains that it has “always had a focus on safety” and continues to evaluate safety measures, Amazon drivers often face intense pressure to meet grueling deadlines. As a result, they often speed, run stop lights, disobey signs, make reckless maneuvers, and drive distracted in Amazon delivery trucks. And since many Amazon drivers go without meals and rest breaks to ensure deliveries are on time, they often suffer from driver fatigue. All of these factors raise the risk of a motorist getting injured in an accident with an Amazon driver.
When Amazon delivery trucks cause a crash and cause personal injury, determining who to file a claim against can be tricky. Most of the Amazon delivery trucks you see on the road today are owned by contracting companies and not by Amazon. As a result, Amazon can usually avoid liability for injuries caused by delivery driver accidents. Instead, the contracting delivery company is typically liable when victims are injured in an accident with an Amazon driver.
Amazon requires contracting companies who provide delivery services to maintain Amazon Flex Insurance coverage on Amazon delivery trucks in case someone is injured in an Amazon delivery truck accident. Amazon Flex insurance provides up to $1 million in auto liability coverage for injuries and deaths caused by Amazon drivers. The insurance does not cover every accident with an Amazon driver, however. It only provides coverage if the driver is on the clock when the accident with an Amazon truck happened. If the Amazon driver finished delivering and was on the way back to the office or on another job when the accident with an Amazon vehicle occurred, Amazon Flex insurance does not apply. Victims who are injured in an Amazon delivery truck accident may be able to recover compensation for injuries if they contact an accident attorney for legal advice and file a claim against the driver’s private insurance or the employer instead of Amazon Flex, however.
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Most other delivery services are facing increasing demand during the pandemic as well, and crashes caused by DoorDash, UberEats, GrubHub, and pizza delivery drivers are on the rise. The way compensation for car accident injuries is recovered generally depends on the employment status of the delivery driver, whether the negligent driver is logged into the app or actively providing delivery services at the time of the crash, and the insurance coverages available.
In the age of the coronavirus pandemic, DoorDash drivers are busier than ever before. The increased demand means many drivers are overworked. This raises the risk of a DoorDash delivery driver causing a crash. Unlike Amazon, which requires an Amazon driver to carry Amazon Flex insurance, DoorDash drivers are required to carry their own auto insurance. However, DoorDash does provide commercial insurance coverage that pays up to $1 million to third parties who are injured by drivers as long as the driver is actively providing delivery services at the time of the crash. The insurance only kicks in, however, after the driver’s personal insurance coverage is exhausted.
GrubHub does not provide any auto liability insurance for its drivers. Instead, drivers who provide delivery services for the company must maintain their own personal insurance policies that meet the state’s minimum requirements. In Las Vegas, drivers are only required to carry $25,000 in bodily injury coverage per individual and $50,000 in bodily injury coverage per car accident. If your accident injuries total more than the driver’s policy limits, however, you may be able to recover the difference by filing a claim against your own underinsured motorist policy. And if we can prove that GrubHub was negligent in hiring or retaining the driver, you may be able to sue the company directly.
In Vegas, most pizza delivery drivers are employed by national chains like Pizza Hut, Papa John’s, or Domino’s and local pizza restaurants like Pizza Rock, Evel Pie, or Red Rock Pizza. Since pizza delivery drivers are considered employees rather than independent contractors, determining liability for accidents the drivers cause can be complicated. If the negligent driver used a company-owned car, the pizza restaurant and the company’s insurance will likely be responsible for paying damages. If the driver was delivering pizza using his or her own vehicle, the accident may have been covered by the company’s insurance policy or the driver’s personal auto policy. Unfortunately, some Las Vegas restaurants are so small that they don’t provide any insurance for their pizza delivery drivers and the driver’s personal liability limits may not be enough to cover your losses.
The steps you take after becoming involved in a delivery driver accident can mean the difference between recovering compensation for your losses or walking away empty-handed with mountains of medical debt left on your shoulders. If you were hurt in a crash:
Be sure to seek medical treatment if needed. Since the symptoms of serious injuries don’t always show up immediately after you are hurt, at the very least you should get checked out by a medical professional soon after the accident.
Be sure to get the negligent driver’s full name, phone number, vehicle registration, insurance information, and employer information.
Do not allow insurance representatives to record your statements, do not admit fault, and do not attempt to negotiate a settlement or sign anything without calling our personal injury lawyers first for legal advice and a free consultation. You could unintentionally hinder your right to file a claim to recover damages.
Use your smartphone or a camera to take photos or videos of the crash scene. Be sure to capture the vehicles involved, as well as traffic lights or signs, any skid marks on the road, and any other evidence that can be used to prove your case.
Delivery driver accidents can cause a host of financial and health burdens for victims. Depending on the severity of your injuries, you may be able to file a claim and recover compensation for:
We will look at several factors to determine the value of your case. These might include:
While we strive to provide you with sound legal advice and an accurate estimate of your case’s value after we have gathered important information about your crash, please keep in mind that no personal injury lawyer can predict the exact amount you will recover during a free consultation.
In some cases, you may be able to file a claim against the delivery company itself. If negligent hiring or retention was involved, for instance, the company may be liable for your injuries. Other instances where a company may be liable include when:
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