These days, there are many more delivery vehicles on the road than there used to be. When an accident takes place with a delivery driver due to negligence, injured parties can pursue legal action in order to recover compensation for the damages they incurred. However, in these cases, it can be difficult to understand who is liable for the accident: the delivery company or the driver. Continue reading below to learn more about how these situations are handled and contact an experienced New Jersey personal injury attorney for assistance with your case.
Who is Liable for an Accident With a Delivery Vehicle?
It is not always straightforward regarding who is responsible for a delivery vehicle accident. This is because there are many delivery companies that hire independent contractors in order to make deliveries for them. These individuals are not classified as employees, and therefore the company is not responsible for them. The following factors separate an independent contractor from an employee:
- The employer’s right to control the conduct of the work
- The employer’s right of termination
- The method of payment
- The freedom to select and hire helpers
- Whether the employer furnishes the employee’s tools and equipment
- Self-scheduling of working hours
- The employee’s freedom to offer services to other entities
Independent contractors can set their own schedule and drive for other companies, which employees operate under the hours and conditions of their employer. If an employee of a delivery company causes an accident due to negligence, the company may be held liable if the driver was performing work related tasks. Companies may not be held responsible if the person who caused the accident was an independent contractor. Instead, the individual may be held liable.
How Can I Pursue Legal Action?
If you were involved in an accident with a delivery vehicle and wish to pursue legal action, you can do so by filing a personal injury claim once it is established who is liable. If an independent contractor caused the accident, a claim must be filed directly against this individual or their insurance company. If the company is responsible, a claim can be filed against them as an entity. In order to recover compensation, you are required to prove that negligence occurred and directly caused your injuries. This can be done with various pieces of evidence such as medical records, a police report from the accident, pictures or video of the scene, witness testimonies, and more.
Contact our Firm
Retaining an attorney after an injury-causing accident is the most effective way to ensure that you receive the compensation to which you are legally entitled. To learn more about how we can help you, call the Wilton Law Firm today at 732-275-9555 or send us an email through our online contact form.