There are more delivery vehicles on the roads now than ever before. There are massive, successful companies with proprietary delivery fleets and countless businesses doing e-commerce sales that rely on traditional package carriers. Consumers have also become accustomed to getting meals and groceries delivered to their homes. People may even order the delivery from the pharmacy when they need cough syrup or a refill on their prescription medication.
Delivery is certainly a convenient option, but it creates a number of challenges. More delivery drivers mean more traffic congestion. They also mean a greater risk of a crash caused by someone on the clock.
Who pays for collision expenses when a delivery driver is at fault for a crash?
Employment status influences compensation
Fault is obviously the most important factor when determining who might have to pay for a crash. However, employment status is also an important consideration. If the delivery driver is at fault, how they work may affect who pays for the wreck.
Some delivery drivers are employees. They work directly for the business and have all of the benefits and protections that come with employee status. Other workers doing delivery jobs might actually be independent contractors. They are not employees but are instead self-employed professionals who pick what deliveries to make and may work for multiple different businesses.
When the person at fault for the crash is an employee, their employer may have liability under vicarious liability rules. A corporate insurance policy may apply, or the business may be vulnerable to litigation when there is not adequate insurance coverage.
If the worker is an independent contractor, then the status of the vehicle is also a consideration. Company insurance may apply in scenarios where they drive a fleet vehicle owned by the company. Private insurance carried by the delivery driver may be available when they use their personal vehicle to make deliveries.
In some cases, insurance may be enough to cover crash costs. Other times, the people involved in a collision may need to consider pursuing a lawsuit. Both individual drivers and businesses that employ them can potentially be vulnerable to litigation when a delivery driver causes a serious car wreck. Determining who is liable is a crucial step for those who need compensation after a crash caused by a delivery professional.