Add the rise of online retailers like Amazon to a global pandemic that keeps people in their homes, and you have a meteoric increase in the number of delivery drivers on the roads. From dinner and groceries to home goods and furniture, everything can be delivered these days. In Houston, you only need to glance at the nearest intersection to see an Amazon delivery van.
But all that convenience comes with a price. More delivery drivers mean more accidents involving delivery drivers. Those accidents, which often involve large vans or trucks, have the potential of severe injuries
Have you been hit by a delivery driver in Houston? If so, you may question how you’re going to recover from the physical injuries, missed work, and psychological trauma. Fortunately, the law may be on your side as you seek compensation for your Houston delivery truck accident.
Liability in Delivery Truck Accidents
If a delivery driver is negligent and crashes into your car, who is liable for your injuries? Is it the driver? The employer? Maybe both?
The answer can be tricky, but it is critical to your ability to recover compensation after an accident with a delivery driver.
Delivery Accidents: Third-Party Liability
The concept of third-party liability refers to the idea that, in some cases, employers are responsible – and therefore legally liable – for their employees’ actions during working hours. If a delivery driver hits you in Houston, this would mean that the delivery driver’s employer would be responsible for compensating you for your damages.
That sounds simple enough, but many large companies that employ delivery drivers dispute their liability when their drivers cause accidents. For example, although Amazon delivery drivers have caused at least 10 fatal accidents since 2015 and the company has been listed as a defendant in more than 100 lawsuits, Amazon denies its responsibility. It says the liability for those accidents falls squarely on the drivers.
They would love it if everyone believed that and sued the drivers, but these large companies have vast reserves of cash – plenty to fully compensate you for your accident – while the delivery driver alone may not. The good news is that a qualified attorney can help you prove why the employer should compensate you for your delivery truck accident.
What Insurance Covers Delivery Accidents?
A lot of the confusion that surrounds delivery truck accidents has to do with insurance. Drivers have their own policies, and their employers do, too. So, which policy was in effect when the driver rear-ended you or T-boned you at an intersection?
Many insurers and individual companies have their own interpretations of this. Still, the bottom line is that there are two insurance policies at play, and at least one of them should cover your injuries. And there is no reason you cannot pursue compensation from both if the value of your damages is high enough to warrant more compensation.
Again, the delivery drivers’ employers have ample insurance policies. For example, rideshare and food delivery company Uber has an insurance policy that offers up to $1 million in third-party liability coverage.
Building Your Delivery Truck Accident Claim
If you have been hit by a delivery truck driver in Houston and want to recover compensation for your accident, you are going to come up against some large, powerful companies. You may face a huge retailer, a massive insurance company, or both.
That is not a fight you want to come to without a strong legal case. An experienced car accident attorney can help you build a bulletproof lawsuit or insurance claim and maximize the value of your settlement by doing the following:
- Gathering evidence like photos, witness statements, and company records
- Working with your doctor and experts to demonstrate the severity of your injuries
- Negotiating with insurers and companies on your behalf
- Fighting for you in court
Reach Out To a Trusted Lawyer
Everything was fine until the delivery truck driver hit you. Now, you are left with uncertainty about the future, severe injuries, property damage, an inability to work, and more.
The Krist Law Firm, P.C. is here to help you make sense of the situation and get every dollar you deserve. For help with your accident claim, give us a call at (281) 283-8500 or reach out to us online for a free consultation.