Who Is Liable When an Accident Includes a Delivery Driver in Louisiana? 2024

These days, people order items for delivery more frequently than ever before. With more packages being transported on the road, there is an increased risk of accidents. If a delivery driver is involved in a car accident in Louisiana, determining liability can turn into a headache. If you’re wondering who is liable when an accident includes a delivery driver in Louisiana, consider working with an attorney to determine who may bear responsibility.

Identifying Liability in Delivery Driver Accidents

When a delivery driver causes an accident, determining liability can involve multiple parties. The driver themselves might be directly responsible for their actions if they were speeding or distracted driving. The delivery company could also be held liable in some cases, depending on the employment relationship between the driver and the company.

The Impact of Vehicle Type on Liability

The type of vehicle involved in an accident can significantly affect liability, especially in delivery driver cases. Larger vehicles, such as trucks, vans, or SUVs, used for deliveries often cause more severe damage and injuries compared to smaller passenger vehicles. The weight and size of these vehicles can increase the risk of catastrophic outcomes, which means the delivery company or driver might face more scrutiny when determining liability. In such cases, a skilled personal injury lawyer can help investigate the details of the accident, gather key evidence, and advocate for you to ensure you receive the compensation you deserve for your injuries and damages.

If the delivery vehicle is classified as a commercial vehicle, additional insurance requirements might apply. Commercial vehicles typically require higher coverage limits to account for the increased risks they pose on the road. If a delivery driver fails to carry the appropriate commercial insurance, they or their employer might be directly responsible for covering damages.

The condition of the vehicle is important as well. If the vehicle is not properly maintained or has a mechanical failure like a brake issue or a tire problem, the vehicle owner might be liable for any accidents that result. If the driver works for a delivery company that does its own fleet maintenance, poor upkeep could place full liability on the business rather than the driver.

Insurance Coverage for Delivery Drivers

There are multiple insurance coverage options for delivery drivers to protect them and others in the event of an accident. These options include:

• Personal Insurance: Many personal auto insurance policies exclude coverage for accidents that occur while the driver is engaged in commercial activities, like making deliveries. This means if a delivery driver causes an accident while working, their personal insurance might not cover the damage, leaving them personally liable.
• Commercial Insurance: Delivery drivers who use their vehicles for work should have commercial auto insurance. This type of policy provides coverage for accidents that occur during business operations, protecting both the driver and the injured party. Companies often require their drivers to carry commercial insurance or offer coverage through their business.
• Company Insurance Policies: Some delivery companies provide insurance coverage for their drivers. This is especially common with larger delivery companies that employ drivers directly. These policies might cover damages and injuries resulting from accidents caused by their drivers while on the job.
• Insurance Gaps: In cases where drivers do not have the appropriate insurance, there might be gaps in coverage. Victims might need to pursue compensation through their own insurance or through legal action if the driver or company lacks sufficient coverage.

Determining whether the delivery driver is an employee or an independent contractor is important to properly establish liability.

What To Do After an Accident Involving a Delivery Driver

If you have recently been in an accident involving a delivery driver, the first step is to make sure everyone is safe and seek medical attention if necessary. Once immediate needs are addressed, gather as much information as possible. Record the driver’s name, the company they work for, and their insurance details.

Taking photos of the scene and speaking with witnesses can also be helpful for building a case. Contact your own insurance company and the delivery driver’s insurer to start the claims process. If liability is disputed, consulting with an attorney experienced in delivery driver accidents can help protect your rights.

FAQs

Does the Company Employing the Delivery Driver Share Liability for an Accident?

The company employing the delivery driver might share liability for an accident. In many cases, the company can be held liable, especially if the driver was acting within the scope of their employment at the time of the accident. If the driver was making a delivery, transporting goods, or performing other job-related duties, the employer might be considered responsible depending on the circumstances.

How Does Fault Affect Delivery Driver Accidents in Louisiana?

Fault affects delivery driver accidents in Louisiana due to the state’s comparative fault system. This means liability for an accident can be divided between parties based on their degree of fault. In a delivery driver accident, the driver and the other party involved might share responsibility. For example, if the delivery driver was speeding, but the other driver failed to yield, each party could be assigned a percentage of fault.

Can a Delivery Driver’s Personal Insurance Be Used to Cover Accident Costs?

A delivery driver’s personal insurance may not cover accident costs. A delivery driver’s personal auto insurance may not cover accidents that occur while working because it is a personal policy. If the driver does not have the appropriate insurance coverage, they might be personally liable for damages, and the injured party could have difficulty recovering compensation.

Can Victims Sue the Delivery Company After a Car Accident With a Delivery Driver?

Victims can sue the delivery company after a car accident with a delivery driver in limited circumstances. Under vicarious liability, an employer is responsible for the actions of their employees; however, if the driver is an independent contractor, the ability to sue the company may be limited. If the company engaged in illegal or negligent hiring or training practices, it could still be possible to file a claim against them in Louisiana.

Work With Murphy Law Firm Today

Car accidents happen every day in Louisiana, even accidents involving delivery drivers. Don’t wait to file your claim. Schedule a consultation with Murphy Law Firm so that we can fight for all the compensation you deserve. Get in touch with us for a comprehensive evaluation of your claim and learn how we can help you recover damages.