As you know, more people are shopping online now than ever. Unfortunately, this may lead to an increase in accidents caused by delivery drivers. If you have been injured in an accident caused by a delivery driver, or any other type of truck accident, please continue reading and speak with our experienced Texas personal injury attorneys to learn more about how our firm can help you through every step of the claims process ahead. Here are some of the questions you may have:
Who is liable for an accident with a delivery driver?
When someone is injured in an accident with a delivery driver, the claims process can become far more complex. For example, in many cases, drivers for delivery companies are classified as independent contractors. Whether the driver is an independent contractor or an employee of the company determines liability. The factors that separate independent drivers and employees are as follows:
- The employer’s right to determine work conduct
- The employer’s right to terminate drivers
- The form of payment the employee receives
- The freedom to hire and fire helpers
- Whether the employer provides the employee with tools and resources
- Self-scheduling of working hours
- The employee’s freedom to provide the same services to other parties
If you are injured by a delivery driver that is an employee and not an independent contractor, you will most likely be able to hold both the employer and the employee’s company may be liable for the accident. If you were injured by an independent contractor, you will most likely not have a claim against the employer, and only the driver.
How can I sue a delivery driver for an accident?
If you are injured in an accident with a delivery driver, you should ask the driver for his or her insurance information. You should also call the police to the scene of the accident so they can document the incident. From here, you should take pictures of any damage to your vehicle or the other vehicle involved in the accident. You should then seek immediate medical treatment and retain the services of an experienced Texas personal injury attorney who can gather and present all additional evidence needed to satisfy the burden of proof. Our firm is here to help–all you have to do is pick up the phone and give us a call today.
CONTACT OUR EXPERIENCED TEXAS FIRM
If you or someone you know has been wrongly injured, you must not wait. Our firm is ready to help you through each step of the legal process to help ensure you recover the financial compensation you need to move on with your life. We are ready to help–all you have to do is contact Brock & Goetzmann, PLLC today.
