What happens if you’re in an accident with a delivery driver in Illinois?
Motor Vehicles Accidents - October 28, 2024
If you’re involved in a delivery car accident in Illinois, determining liability depends on the circumstances of the crash and the driver’s employment status. Delivery drivers may be personally liable if they’re considered independent contractors, while their employer’s insurance may cover the accident if the driver is classified as an employee acting within the scope of their job. Injured parties can seek compensation for medical bills, lost wages, and property damage.
Consulting with an experienced attorney, like those at Horwitz, Horwitz & Associates, can help navigate these complex claims and secure the compensation you deserve. Keep reading to learn more, then call our Chicago car accident attorneys at (800) 985-1819 for a free consultation.
Common causes of delivery car accidents
Delivery drivers face unique challenges on the road, which can lead to accidents. Common causes include:
- Distracted driving: Many delivery drivers use GPS or apps to navigate unfamiliar routes, increasing the likelihood of distraction.
- Speeding: Tight delivery schedules can pressure drivers to exceed speed limits, leading to reckless behavior.
- Fatigue: Long shifts and extended periods behind the wheel can cause fatigue, impairing reaction times.
- Improper vehicle maintenance: Delivery vehicles that are not well-maintained can experience mechanical failures, such as brake malfunctions or tire blowouts.
- Inexperienced drivers: Some delivery companies hire drivers without adequate training, increasing the risk of accidents.
Determining liability in a delivery car accident
Liability in a delivery car accident can be complex, as multiple parties may share responsibility. Potentially liable parties include the following.
The delivery driver
If the delivery driver acted negligently—such as speeding, running a red light, or driving while distracted—they could be held personally liable for the accident.
The delivery company
In many cases, the driver is working as an employee or independent contractor for a delivery company. The company may be held liable under the legal doctrine of respondeat superior, which holds employers responsible for their employees’ actions performed within the scope of their job duties.
However, liability depends on several factors:
- Whether the driver was “on the clock” at the time of the accident.
- If the company provided and maintained the vehicle.
Other third parties
In some cases, liability may extend to:
- Vehicle manufacturers: If a defect in the vehicle contributed to the crash.
- Other drivers: If another motorist’s negligence caused or contributed to the accident.
What damages can you recover in a delivery car accident?
Victims of delivery car accidents in Illinois may pursue compensation for a variety of damages, including:
- Medical expenses: Covering the cost of hospital visits, surgeries, physical therapy, and ongoing care.
- Lost wages: If your injuries prevent you from working temporarily or permanently.
- Pain and suffering: Compensation for emotional distress, mental anguish, and reduced quality of life.
- Property damage: Repair or replacement of your vehicle and other personal property.
In cases of extreme negligence, you may also pursue punitive damages to punish the responsible party and deter similar behavior.
Insurance considerations in delivery car accidents
Insurance plays a critical role in delivery car accident claims, but coverage can vary depending on the circumstances.
Company-provided insurance
Delivery companies like Amazon, Uber Eats, and DoorDash often provide insurance coverage for their drivers while actively working. For example:
- Coverage typically includes liability for bodily injury and property damage.
- Uninsured/underinsured motorist policies may also cover drivers if the at-fault driver lacks sufficient coverage.
Personal auto insurance
Many personal auto insurance policies exclude coverage for accidents while the driver is engaged in commercial activities. This means the driver’s personal insurance may not apply if they were on a delivery at the time of the crash.
Third-party liability insurance
If another driver caused the accident, their insurance policy may cover your damages.
Illinois laws that apply to delivery car accidents
Illinois follows a modified comparative negligence rule. This means you can recover damages as long as you are less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
For example, if you are found 20% at fault and your damages total $100,000, your compensation will be reduced to $80,000.
How Horwitz, Horwitz & Associates can help
At Horwitz, Horwitz & Associates, we have decades of experience handling complex car accident cases, including those involving delivery drivers. Our team will:
- Investigate the circumstances of the accident.
- Identify all liable parties.
- Negotiate with insurance companies on your behalf.
- Pursue litigation if necessary to secure maximum compensation.
Injured in a crash with a delivery driver? We can help.
Being involved in a delivery car accident in Illinois can leave you with serious injuries and financial burdens. Understanding your rights and the legal landscape is critical to recovering the compensation you deserve. Whether the accident was caused by a negligent driver or a company’s failure to maintain safety standards, you have options.
Contact Horwitz, Horwitz & Associates at (800) 985-1819 for a free consultation. Let us help you navigate the legal process and fight for the compensation you deserve.
