Can I Sue a Delivery Driver?

delivery truck driver

As online shopping hits an all-time, especially after the ongoing coronavirus pandemic made shopping in person unsafe, delivery trucks of all sorts are more common than ever, too. Anywhere you go, you are likely to see a delivery truck or van with UPS, Amazon, FedEx, or another courier company logo blazoned on the side. Despite how common delivery vehicles are, few people actually know what to do if they ever get hit by one.

Can you sue a delivery driver after an accident that they cause? Yes, you can sue the delivery driver against their own policy. But you might also be able to sue the company that hired or contracted them for a better chance at receiving your full damages and compensation.

Why You Can Sue the Delivery Driver

Delivery drivers are often contracted to complete deliveries and routes. As part of their work contract, they are required to carry personal auto insurance policies that will apply in case they get into an accident while using a company vehicle. You can bring your claim against this insurance policy in pursuit of owed compensation for bodily injuries and property damage, just as you would in any other motor vehicle accident.

When you want to sue the delivery driver that caused your crash, you will need to know:

  • Driver’s name and license number
  • License plate number
  • Time, date, and location of the crash
  • Photographs of the accident scene

Remember that it is unlawful for a driver involved in a motor vehicle accident to leave the scene until they have been identified by all other drivers involved. If there has been a serious injury reported, then they will usually need to wait for the police to permit them to leave. A delivery driver might try to leave too soon to “complete their deliveries on time.” This is not an excuse to leave the crash scene, though.

Why You Can Sue the Delivery Company

There is a legal rule called respondeat superior that makes an employer accountable for an employee’s actions and misdeeds within a reasonable extent and context. It is the rule that allows you to sue a grocery store if you slip on a puddle that an employee ignored, for example. Respondeat superior can also apply to delivery drivers, whether they are directly employed or hired through a contract.

To this end, you can likely sue the delivery company for damages, too. You can sue the delivery driver and the delivery company at the same time and for the same crash, in fact. This strategy of naming as many defendants as possible is useful to pursue as much compensation as possible, but it does not allow “double-dipping” for damages.

For example, the delivery driver’s policy is used to pay the full extent of your vehicle damages but only half of your medical bills before it hits the policy cap. If you are also successful in suing the delivery company, then the remaining medical bills and any other additional damages like pain and suffering could be paid by the company’s insurer. But you could not get compensation for your vehicle damages and 50% of your medical bills from that insurer because the other one already provided them.

Not Sure Who to Sue? Call an Attorney

Do not lose precious time wondering who is liable for your delivery truck accident. Team up with a local attorney as soon as possible, who can figure out for you which party or parties should be named as defendants in your injury claim.

If you live in Phoenix, Arizona, make Rafi Law Group your first choice of legal representation for your delivery truck accident claim. Backed by extensive legal experience and numerous professional awards, we are the recognized name that so many others in situations just like yours depend on. Call (623) 207-1555 to find out more or to schedule a no-cost initial consultation with our attorneys.

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