Accident victims have the right to take legal action against the party that caused the wreck. When it comes to delivery drivers and food delivery vehicles, however, proving liability can be challenging. But it’s necessary to win the compensation you need for your injuries.
Were you injured in an accident in Santa Fe involving one of these drivers? If so, you may have serious medical bills and other losses. The experienced legal team of Hunt Law Firm can help you claim the damages you deserve to recover.
Employer Liability Versus Independent Contractor Liability
If there is an employer-employee relationship between the delivery company and the driver, the victim could argue vicarious liability. Under this concept, the employer is held vicariously liable – meaning, the employer is legally responsible for the driver’s actions.
The victim needs to be able to show that the driver was acting within the scope of employment (doing their job) at the time of the accident. If the driver was off duty or not performing work-related duties when the accident happened, vicarious liability will likely not apply.
On the other hand, the driver may have been an independent contractor and therefore had no employer. While employee drivers are covered under the employer’s automobile liability insurance policies, an independent contractor’s personal insurer would have to pay the victim.
Therefore, another important question is what the relationship is between the Santa Fe delivery driver and the company. Is it an employer-employer relationship, or an independent contractor arrangement? This will affect whose insurance covers the victim’s damages.
The victim may need to file a claim against both the driver and the delivery company. This is especially the case if there is a disagreement as to the relationship between the two or whether the driver’s actions were in the scope of employment.
How to Determine the Status of the Driver
The question of whether the delivery driver is an employee or an independent contractor comes down to control. How much authority does the delivery company exercise over the driver? Consider these common questions to help distinguish the two:
- Does the delivery company tell the driver when to work, how to do their work, which routes to take, and the like, or does the driver decide these matters?
- Has the delivery driver been working for the delivery company a long time, and on an indefinite basis, or just temporarily and sporadically?
- To what degree does the driver’s skill affect opportunities for more work and business expansion?
- Is the driver responsible for more than just driving, such as making repairs on the vehicle?
- Does the driver supply their own vehicle or do they use a company-owned vehicle?
- Does the driver make investments in the delivery or food delivery company?
- Is delivering products an essential part of the business (e.g. FedEx) or incidental to what the business does?
There may be additional factors to look at, and no single one is necessarily determinative. But the victim needs to know the work relationship between driver and company to determine whether vicarious liability will apply or whether the driver will be liable for their own actions.
Steps to Take After a Santa Fe Delivery Vehicle Accident
After being in a crash with a delivery driver, you should do the following:
- Call 911: Report the accident right away and ask for a law enforcement officer and ambulance.
- Seek immediate medical attention: Whether you go to the emergency room or see your doctor, do so without delay.
- Get the driver’s information: Find out who the driver is, who they work or drive for, and get their license and insurance information.
- Gather and preserve evidence: Take pictures, record videos, and keep anything that was damaged or destroyed in the accident.
- Get eyewitness information: If anyone observed the accident, get their names and contact information.
- Notify your insurer: If you were the driver of another vehicle, inform your automobile insurance company.
- Use other insurance you may have: If you were a bicyclist or pedestrian, use your health insurance, MedPay or other available coverage.
- Follow your doctor’s orders: Both for your health and to avoid jeopardizing your legal claim, do what your doctor says.
Last Step: Talk to a Santa Fe Personal Injury Lawyer
Our firm can investigate the accident and determine who was at fault, whether vicarious liability applies, and what your insurance coverage options are. We can also help you gather and preserve evidence and work with the insurance companies to cover your losses.
It starts with contacting Hunt Law Firm. Reach out to us and we can schedule your confidential consultation today.