What Rights Do Delivery Drivers Have After Being Injured in an On-Duty Car Accident?

Whether delivering dinner for the family or parts to an auto repair shop, delivery drivers spend their days going to and from businesses and homes in San Bernardino County. Because of the sheer amount of time they spend in their vehicles, delivery drivers may be more likely to be involved in car accidents. If you are a delivery driver who was injured in a car crash, it is essential to know your rights and what steps you should take after a crash to protect yourself. Contact The Paris Firm now to take action.

Determining Who Is Responsible for the Damages After an Accident Involving a Delivery Driver

More than 15,000 people were injured or killed in traffic crashes in San Bernardino County in 2022 alone, and thousands of car accidents happen every day across California and the rest of the United States. Delivery drivers can face additional challenges when involved in an accident while on duty. One of those challenges is determining who is responsible for paying for the driver’s medical expenses and other damages.

If the Delivery Driver Is at Fault

If the delivery driver is at fault for the accident, the company’s insurance should pay for any damages as long as the accident occurred in the execution of the driver’s duties. Getting into an accident on your way to work would not qualify. You generally need to be on the clock for the accident to be covered by company insurance.

If Someone Else Is at Fault

If the accident was someone else’s fault and the delivery driver is the victim, the at-fault party would be responsible for damages. The delivery driver could file a personal injury lawsuit to recover compensation. However, if the delivery driver is classified as an employee, they would also have access to workers’ compensation through their employer.

Understanding Your Rights as a Delivery Driver

One of the most critical roles an attorney plays after you have been involved in a car accident is educating you on your rights. What rights you have as a delivery driver depends in part on whether you are classified as an employee or an independent contractor.

The Right to Workers Compensation for Employees

Employees have the right to receive workers’ compensation when they are injured on the job, and this includes delivery drivers. If you were in an accident while on duty, inform your employer immediately and follow the steps to file a workers’ compensation claim. An attorney can help you with this process to ensure the company follows the law.

The Right to Company Insurance Coverage

In most cases, the company’s insurance will cover any damages if you were driving while performing your work duties. Independent contractors, such as Uber Eats drivers, may also have access to company insurance as long as they are driving in the process of delivery or pickup at the time. Navigating these types of situations can be challenging, which is why it is important to discuss your case with an attorney.

The Right to File a Personal Injury Lawsuit

No matter whether you are an independent contractor or an employee, all victims have the right to receive compensation from a personal injury lawsuit if they were injured due to someone else’s negligence. If another driver caused the accident, you can file a personal injury lawsuit against them.

California is a pure comparative negligence state, which means that the injured party can recover compensation from the at-fault party even if the plaintiff was partially at fault for the accident. Consider this example: Another driver pulls out in front of you, causing a wreck. However, you were also speeding, which made you partially at fault. You could still file a personal injury suit against the driver who pulled out in front of you. In California, plaintiffs can file a personal injury claim even if they are 99 percent at fault, as long as the other driver carries the other 1 percent.

The Right to Legal Representation

Perhaps most importantly, you have the right to legal representation throughout your entire case. This is true for both delivery drivers who are filing personal injury lawsuits against other parties and those who have had benefits or claims denied by their employer. If your employer has denied your workers’ compensation claim or they are trying to deny coverage through their insurance for the auto accident, a lawyer can help you fight back.

What Should You Do After an On-Duty Auto Accident?

The most important thing to do after any car accident is to ensure that everyone involved receives medical treatment. If you are an employee, your employer may require you to get a medical exam as part of your workers’ compensation claim as well. Once your injuries have been assessed and treated, the next step is to contact a personal injury law firm, such as The Paris Firm.

Our team treats every case that comes through our doors as if it were our own. We take the time to get to know each client and connect with them as a person to ensure they have what they need to take care of themselves and their families. If you were injured while on duty as a delivery driver, call 909-325-6185 today to get help.