Employer Liability for Delivery Drivers

Liability and fault can be complicated under the simplest circumstances. In accidents involving people driving for work, it becomes even more important to hire a qualified car accident personal injury lawyer in Phoenix.

In accidents involving delivery drivers, an employer may be liable for the damages caused. The details are important, however, as it depends on how the driver was acting, the circumstances of the accident, and the specifics of the driver’s employment.

When Is an Employer Responsible?

Arizona law recognizes a principle called respondeat superior by which employers can be held responsible for the actions of their employees. This can only be true under a certain list of circumstances, however, such as when:

• There is an employee-employer relationship; more specifically, the employee isn’t an independent contractor.
• The employee was acting within the scope of their employment.
• The employee’s actions had to further the employer’s business. For example, a worker who was distracted while driving during deliveries who was speeding to meet their delivery schedule.

These are all generalizations, though, and the specifics of every accident and case is different. Furthermore, each party will pursue every legal avenue to avoid fault. 

For example, many businesses intentionally do not directly employ their delivery drivers in an attempt to shield themselves from financial responsibility should one of their drivers cause an accident.

The Nature of Driver Employment

A key part of establishing employer liability in accidents involving delivery drivers is the relationship between the driver and their employer. For example:

• Was the driver actively completing a delivery?
• Who owned the vehicle that was involved in the accident?
• Who decided how the driver’s work was performed?
• Was the driver using a delivery platform?

These details shape liability in a car accident.

Proving Losses

If you’ve been injured in an accident involving a delivery driver, in order to get the compensation you deserve, you need to prove the damages you suffered. This is another reason working with experienced defense attorneys can be so important.

Damages can include:

• Emergency treatment
• Property damage
• Extended medical care
• Lost wages
• Rehabilitation
• Reduced earning ability
• Pain and suffering

Some of these details can be difficult to measure, especially as their impact can extend into the future for years. In those cases, victims need to make sure they’re accounting for all the time yet to come in which the accident will affect their life.

Proving liability is important, but it’s also important to establish the correct measurement of damages so that whoever is at fault pays for the compensation you need now and in the future.

An Expert in Your Corner

If you’ve been the victim of an accident involving a delivery driver, reach out to Gage Mathers to make sure the right parties are held responsible and made to pay what you deserve. Our team of lawyers is highly skilled at defending victims of such cases, from distracted driving to truck accidents and everything in between!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 24 years
Bar number: 020421
Location: Phoenix, AZ
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