San Diego Delivery Driver Accident Lawyers
Delivery services have almost overtaken how we shop, ranging from how we get our groceries to where we buy clothing. We can easily open up an app on our phones and order takeout within the hour and never even see the driver. But this convenience does come at a cost. Drivers are often expected to stick to tight deadlines, take on multiple orders, and even overload their vehicles. All of this can contribute to catastrophic auto accidents.
If you or someone you love has been injured in an accident with a negligent delivery driver, then you may be eligible for compensation. Delivery drivers often have complex liability policies that can cover the costs of your injuries, time off work, and pain and suffering. But receiving that money is difficult without the legal representation of an experienced San Diego delivery driver accident lawyer, and you should immediately contact jD LAW to learn how our firm can represent you in a claim. To schedule a free consultation, contact us at (760) 630-2000.
Delivery companies operate across every neighborhood in San Diego, many operating at all hours to meet customer demands. These services include everything from late-night pizza orders to expedited packages from Amazon.
Delivery drivers can be divided into two major categories in California. The most familiar are package handlers to work for Amazon, FedEx, UPS, USPS, and DHL Post, as well as other third-party companies. These drivers often operate larger delivery vans, such as Mercedes Sprinter vans, and transport hundreds of packages every day. While often trained and experienced in driving commercially, these drivers can become overworked, fatigued, and distracted while making deliveries. They have tight deadlines and can easily speed through quiet neighborhoods to complete a delivery on time.
The other major group is food delivery drivers or gig workers. Unlike package handlers, these drivers often utilize their own personal vehicles and may only take on one to two orders at a time. They may work for an online service like Postmates, Doordash, Ubereats, or Instacart, which utilize smartphone apps to update drivers on available deliveries. However, they are not trained to drive commercially and can work at all hours, meaning they are more prone to drowsy driving. In addition, because they are paid per delivery, they may take on additional orders at rush hours to receive bonuses, causing them to speed between pick-up and drop-off points.
Altogether, both kinds of drivers can be involved in dangerous collisions on San Diego roadways like:
- Rear-end collisions due to speeding
- Dangerous left-hand turns
- Sudden stops at drop-off points
- Collisions with pedestrians or cyclists in crosswalks
- Side-swipes while changing lanes or getting off the freeway
- T-bone accidents at intersections
All of these accidents can be devastating for everyday drivers, often leading to costly medical treatments and months out of work. If a delivery driver in acted negligently any way, then you may be able to recover compensation in an auto accident claim.
In order to file a successful auto accident claim, you will need to prove that the driver committed some form of reckless driving or negligence while making a delivery. Negligence can take many forms in a collision, but for delivery drivers, the most common forms include:
- Making dangerous turns
- Becoming distracted by a phone or GPS device
- Driving long hours without a break, leading to fatigue
- Making reckless turns
- Ignoring traffic signs or signals
- Overloading a van with packages
- Failing to secure packages or back doors
- Failing to schedule vehicle repairs or maintenance
Any of these actions can constitute negligence in a car accident claim, meaning you can file against their auto liability policy. But proving negligence is not as simple as you think. From your perspective in the accident, it may seem obvious that the driver who hit you was at fault. However, insurance companies will need you to clearly outline the events of the accident and provide evidence proving the delivery driver committed negligence. This may require thoroughly reviewing the police report, the driver’s records, previous claims with the delivery company, damage to your vehicle, and your medical report. In addition, you will also need to take an in-depth look at the driver’s auto insurance policy to determine whether or not coverage applies to your case.
While all drivers in California are required to have liability insurance, the types of insurance can vary depending on an accident. For most drivers, they will have a standard auto liability policy, but for delivery drivers, they must have commercial auto insurance. Standard auto insurance policies will almost never cover a driver who was using a vehicle for work unless they also have a commercial policy. This means that if a delivery driver does not have a commercial auto insurance policy and is involved in an accident, their personal policy may deny coverage for the collision. This means you would be forced to file against the driver directly, which may limit the amount of compensation you receive, or file against your own uninsured motorist coverage.
However, many delivery companies have their own liability policies that cover delivery vans that are involved in an accident. For package handlers who work for companies like DHL Post, FedEx, and UPS, these policies can range up to a million dollars in coverage for injuries and property damage. In contrast, Amazon currently does not have a liability policy for drivers, as they often work with third-party contractors, but those drivers may have their own policies that apply.
Food delivery drivers are a little more complicated. While Ubereats has the same policy as traditional Uber drivers, companies like Instacart do not have liability policies in place and only the driver’s policy will apply. In turn, Doordash and Postmates have excess policies, meaning they will provide additional coverage if the driver’s policy does not fully cover the costs of your injuries. Determining how these policies apply can be difficult at first, but with the right attorney, you may be able to receive proper compensation after a delivery driver accident.
Because of the size, weight, and length of most delivery vehicles, these accidents are often devastating. You may have suffered multiple physical injuries and extensive property damage in addition to the emotional trauma of the collision. All of this can be included in your claim against the driver, but it can also make it extremely difficult to work through the claims process on your own. Instead, let a San Diego auto accident lawyer at jD LAW handle your claim. Our law firm has more than 30 years of experience advocating for San Diego residents and can provide sound legal advice about your case. We can thoroughly investigate your accident to determine fault and advocate on your behalf in a settlement negotiation or jury trial. To schedule a free consultation, call our offices at (760) 630-2000.
Don’t Wait A Second Longer
When you have been injured, or a loved one has been killed due to the negligence of another, you need legal help. Contact jD LAW, today to get the justice you deserve.