Who is At Fault in a Delivery Vehicle Collision?

Delivery vehicles are everywhere. Every day, thousands of trucks and vans maneuver the streets in Georgia, delivering almost any item imaginable. Most are immediately recognizable by their branding – FedEx, Amazon, USPS – but there are many more delivery vehicles on the road that are harder to identify. In addition to these clearly marked delivery vehicles, gig drivers in their personal vehicles carry groceries and restaurant meals to customers all over the city.

The convenience of quick and accessible delivery options is undeniable. However, there are also real problems caused by this influx of traffic. In many cases, drivers operate under tight deadlines to complete long delivery routes. These conditions can lead to exhausted drivers on the road, which significantly raises the risk for collisions as these drowsy drivers navigate the streets.

Who is at fault if you are injured in a collision with a delivery driver? In these cases, seeking the advice of a qualified personal injury attorney immediately is your best option to ensure you are appropriately compensated for your injuries or losses. ReShea Balams is uniquely qualified to assist you or your loved one. Her previous experience as an attorney for large insurance companies offers her a unique edge and perspective in your case. If you want to push past the bureaucracy and receive maximum compensation for your losses, The Balams Firm is here to help.

Types of Delivery Vehicles

The type of delivery vehicle that hit your vehicle has a significant bearing on your course of action going forward. Generally speaking, delivery vehicles can be divided into two groups: marked delivery trucks and vans or personal vehicles used by delivery drivers.

Delivery Trucks and Vans

The most obvious types of delivery vehicles are the ones you immediately recognize. These are typically a clearly marked fleet vehicle, identical to hundreds of others owned by the parent company. If you’ve been hit by such a vehicle, you know right away that you’re dealing with a working driver who is employed by a specific company. However, just because the vehicle is clearly an Amazon or FedEx truck doesn’t necessarily mean that the parent company is the one carrying the insurance on the vehicle.

In most cases, there are two possible scenarios for a branded delivery vehicle. Either the driver is a direct employee of the company, or the driver is employed by a separate delivery company who has contracted to complete deliveries for the parent company. These contracted delivery companies are often smaller, more local businesses.

If the driver is a direct employee of a large delivery company, their employer is likely covered by a significant insurance policy. For example, most UPS drivers are direct employees of UPS. This means that if they are involved in a collision, UPS’s insurance policy would provide coverage for any damages incurred due to an at-fault collision with one of their vehicles.

If the driver is actually employed by a delivery partner instead of the parent company, the situation is often quite different. For instance, Amazon often contracts delivery work out to smaller, local delivery companies rather than employing the drivers themselves. In this scenario, a collision caused by the delivery driver would be covered by their employer’s insurance policy. Insurance policies held by smaller delivery companies are likely less extensive than the type of policy held by a giant corporation like Amazon.

Deliveries Using Personal Vehicles

Since early 2020, delivery services like UberEATS, Instacart, Grubhub, and DoorDash have exploded in popularity. While these services were already on the rise before 2020, conditions due to the Covid-19 pandemic dramatically accelerated their growth. Three years later, meal and grocery delivery have remained extremely popular across the United States and are now a regular part of society.

Thousands of people make deliveries for these companies, often as a side job to bring in a little extra cash. However, many of these drivers are unaware of the ramifications on their car insurance due to their work.

These companies hire their drivers as independent contractors, and the parent company’s insurance rarely covers them. While UberEATS and DoorDash do provide up to $1 million in coverage per accident for their drivers, they are a notable exception to the rule. In almost every case, parent companies require each driver to maintain their own car insurance policies.

However, most personal insurance policies do not cover accidents that occur while the driver is using the vehicle for commercial purposes. Therefore, if the driver did not add a rider covering their delivery work, they are likely to be uninsured in case of an accident.

Personal Injury Attorney Near Me

If you have been injured in a collision with a delivery vehicle, seek legal representation right away. Without legal representation, it can be very difficult to obtain appropriate compensation. Your case begins with a free consultation, so there is no barrier to receiving the help you deserve.

Whether you are a pedestrian or motorist who was injured by a delivery vehicle, ReShea Balams is here to help. Our team at The Balams Firm is experienced and ready to support you through each step of your case. Contact us today to schedule your free consultation!

The Balams Firm

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ReShea Balams

ReShea Balams is an award winning attorney and the founder of The Balams Firm.  Prior to answering her true calling to represent families impacted by life-changes tragedies, ReShea gained invaluable experience and insight as an attorney for large insurance companies.  She is known for her record of exceptional results on behalf of clients, and is a zealous advocate for injury victims.

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  • State Bar of Georgia
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