These days, more people are doing their shopping online than ever before. This is especially so during the COVID-19 pandemic. As a result, there have been more delivery trucks on the road. Oftentimes, these are oversized vehicles that can be difficult to navigate. If a delivery driver operates their vehicle negligently, they can cause a dangerous accident to take place. When facing these situations, injured parties may wish to pursue legal action for damages. Continue reading below to learn more about how this is done and contact an experienced New Jersey personal injury attorney for assistance.
Who is Liable for a Delivery Driver Accident?
Determining who is responsible for an accident with a delivery driver can be complicated and is often not straightforward. This is because many delivery companies classify their drivers as independent contractors. Whether or not a delivery driver is classified as an employee or independent contractor can determine who is liable for the accident. The following are several factors that separate the two:
- 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
Drivers who are able to set their own schedule and drive for other companies are most likely an independent contractor. If their employer controls the hours and conditions under which they drive, they are most likely an employee. If a delivery driver is an employee and causes an accident due to negligence, the employer and the company may be held liable as long as the driver was acting within the scope of their employment. If they are an independent contractor, the employer will most likely not be responsible.
How do I Pursue Legal Action?
After an accident takes place and the injured party wants to pursue legal action, they can do so by filing a personal injury claim against the party that is deemed to be negligent. If the driver is an independent contractor, a claim must be filed directly against the driver. If that individual does not have insurance to cover the losses, a claim may be filed against the individual’s own insurance for uninsured or underinsured motorist coverage.
When a personal injury claim is filed against another party, the injured person is required to prove their negligence directly caused the injuries they sustained. This can be done with the assistance of an attorney to gather 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.