I Was Hit by a Food Delivery Driver in Tulsa; Now What?

Delivery drivers should be thanked for the service they provide our communities. Without them, local businesses would lose customers and you would lose the option to order in. When these delivery drivers get into accidents, however, they often create a bigger headache than accidents with other drivers.

How is a delivery driver accident similar to other car accidents?

Whether working for a large corporation or a local business, delivery drivers are individually accountable for their conduct on the road. They must honor their duty of care to all other road users, like any other driver does. If a delivery driver’s negligence, such as distracted or impaired driving results in harm or damage, the driver can be held personally liable for injuries or losses incurred by others.

How is a delivery driver accident different than other car accidents?

What makes accidents involving delivery drivers different from other Tulsa car accidents lies in the potential for business owner liability. While the core principles of driver accountability remain consistent, the unique dynamics of the delivery industry introduce additional considerations in determining liability that may incriminate the employer as well.

• Employer responsibility: If the business owner was negligent in hiring, training, or supervising the driver, they might be held vicariously liable for the driver’s conduct.
  • Training and supervision: If the business owner fails to provide proper training or supervision for delivery drivers, it can contribute to negligence. Inadequate training on safe driving practices or failure to enforce safety protocols may increase the business owner’s liability.
  • Employment relationship: The legal classification of the delivery driver’s employment status is vital. If they are deemed an employee rather than an independent contractor, the employer’s liability may be more extensive.
  • Vehicle maintenance: If the delivery vehicle is owned by the business, and an accident occurs due to poorly maintained equipment, the business owner might be held responsible for negligence in maintaining their fleet.
  • Corporate policies: Corporate policies related to safety, delivery timelines, and driver conduct can also impact liability. If the driver is compelled to rush their deliveries, the business may be liable for encouraging unsafe driving practices among their drivers.
• Insurance coverage: Ensuring that the delivery driver has appropriate insurance coverage is critical. If the driver is uninsured or underinsured, the business owner’s liability may increase, especially if they neglected to verify and maintain proper insurance for their drivers.

Can I sue the business that allowed the delivery driver to drive uninsured?

If any of the above listed factors are at play in your Tulsa delivery driver accident, there may be shared liability on the part of the driver and the business.

Legal action, whether against the delivery driver, the business, or both parties, would seek compensation for your medical bills, property damage, lost wages, and other losses resulting from your Tulsa delivery driver accident.

Are delivery drivers seen differently by insurance companies?

Yes, and if you get into an accident with a local business’ delivery driver, you might have an added headache to deal with. This is primarily because of insurance complications associated with delivery drivers. Using your car for delivery purposes increases your insurance rate since the likelihood of accidents rises as time spent on the road increases. Nowadays most insurance applications ask if the vehicle will be used for food delivery or similar purposes to account for that increased risk.  Issues arise when delivery drivers fail to establish or update their policy to reflect their vehicle’s business use, leaving them potentially uninsured if an incident occurs while they are delivering goods.

What happens when I am struck by an uninsured delivery driver?

Having uninsured/underinsured motorist coverage can assist in covering medical expenses and property damage. However, coverage specifics vary, potentially leaving gaps in compensation, especially for recurring medical bills from chronic injuries.

After any accident you should prioritize seeking prompt medical care to document injuries, a critical component in most insurance claims and legal proceedings. If you have even the slightest doubt about your ability to drive safely you should not drive yourself to the hospital due to potential undiagnosed injuries.  Instead, let a friend or family member transport you or if necessary, take an ambulance.

What happens if my insurance claim is denied?

If your insurance claim against an uninsured driver is denied, seek guidance from a seasoned Tulsa injury lawyer. Oftentimes insurance companies will issue a coverage decision while not considering all the facts and circumstances.  While many people believe the decision is final and ultimately elect to throw in the towel, a skilled attorney can oftentimes lead to a reversal of the coverage denial or find alternative coverage altogether.

If you have been injured in a delivery driver accident there are numerous steps you must take to receive the compensation you deserve.  Whether assessing the liability on the part of the delivery driver and business, ensuring proper medical care and negotiating with insurance companies, you will be far better off with an experienced Tulsa car accident attorney on your team.

Personal injury compensation usually includes medical bills, property damage, lost income, pain and suffering, and related expenses. The experienced Tulsa car accident injury attorneys at Biby Law Firm will seek to hold all liable delivery drivers and/or businesses fully responsible for their role in causing your accident and losses.

Trust Biby Law Firm to provide dedicated legal assistance throughout the legal process after your delivery driver accident. Please see our testimonials and read how our team has supported clients in and around Tulsa in the pursuit of justice after their accident. Call or contact us today to get started with a free consultation about your case.