I Was Hit by a Delivery Driver. Who is Responsible for My Injuries?

By Greg Kohn

Much has changed just in the past decade, with more people doing their shopping online than ever before. While the convenience that this provides is certainly nice, the uptick in online orders has led to many more delivery drivers being on the road at any given time.

And ever since the COVID-19 pandemic, the number of active delivery drivers has spiked. As a result, there is a greater risk of accidents related to delivery drivers. If you are the victim of such an accident, you need to hire an experienced New Jersey personal injury attorney right away.

They can assist you in this unique case and provide you with the direction you need to seek the compensation you deserve.

Who is Responsible?

Figuring out who is responsible when a delivery driver causes an accident can get a little complicated. Many delivery drivers who work for various companies are hired on as independent contractors, and this is where things can get sticky.

Whether the delivery driver is classified as an independent contractor or employee can make all the difference in determining who is responsible for the accident. You can often figure out which category a worker falls under by examining whether they can:

  • Provide their own equipment and tools 
  • Schedule their own working hours
  • Control the conduct of their work
  • Decide on the payment method
  • Offer their services elsewhere
  • Hire helpers if they wish

Only an independent contractor has so much control over their employment. An employee hired directly through a company will have to follow its rules and regulations. So if a delivery driver causes an accident who is part of the company, that company will be responsible for the accident and all that it entails.

However, if an independent contractor causes an accident, the company they work for is usually absolved from covering damages associated with the accident.

Proceeding with Your Claim

If you are unable to determine whether the driver is an employee or independent contractor, your personal injury attorney will find that information out for you. Once the driver’s status is confirmed, your attorney will assist you in filing a claim against either the driver or the company they work for.

If you were struck by an independent contractor delivery driver, your attorney will contact the driver’s insurance company to discuss covering your losses. But if you were hit by an employee, your attorney will contact the employer and their insurance company to discuss either a settlement or covering your losses.

If necessary, your attorney will file a lawsuit and take your claim to court. In the meantime, your attorney will collect all available information concerning the accident and build your case for trial. This includes:

  • Conducting interviews with witnesses
  • Procuring medical records
  • Obtaining police reports
  • Taking pictures

With enough evidence collected, your attorney will represent you in court and fight to get you the maximum compensation for your losses. You can contact our office today for a free consultation.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.