Delivery drivers may cause accidents when they are in a rush to get food and other products to customers. When a delivery driver causes an accident, the question arises who may be held responsible in a personal injury lawsuit.
Scope of Employment
An employer may be held liable if the delivery driver was acting in his or her capacity as an employee when the accident occurred.
The legal term for this concept is “acting in the course and scope of employment.” Insurance companies may insure delivery drivers in the name of the employer.
However, insurance companies may argue that the employee was acting outside the scope of his employment. This situation may occur if a person goes on a different route not related to his or her work or if he or she makes extra stops for personal reasons.
Importance of Proving Employment
Proving that drivers are working within the scope of their employment is often very important in cases involving delivery driver accidents.
This is because if the employee is found to be acting outside the scope of his or her employment, the employer may not be held liable. This may mean that the victim can only receive compensation from the driver or the insurance company, but not directly from the employer.
Cases Involving Delivery Drivers
One case occurred when a Broward County woman was hit by a pizza delivery driver. The pizza restaurant that employed the man said that the driver was not acting as an employee at the time of the crash. Meanwhile, the victim was permanently injured and unable to work again.
The jury found that the driver was not acting within the scope of his employment when the crash occurred. This made a dramatic difference in the amount of money that the jury awarded the plaintiff.
If you’ve been hurt, you may need the help of a personal injury lawyer
If you were injured by a delivery driver, a Tampa car accident lawyer may be able to help. Call Abrahamson & Uiterwyk today at 1-800-753-5203 or fill out our contact form for a free initial consultation and case evaluation.