Delivery Driver Car Accident?

Arizona Injury Attorney Explains Legal Options

Video Transcript:

Ryan Skiver: 

It's important to get a lawyer involved to make sure that you are pursuing all of the potential defendants.

Tom Mustin: 

What should you know if you're hit by someone who's driving a commercial vehicle? We're talking to attorney Ryan Skiver about that on today's episode of Ask the Lawyer. Ryan, thanks for joining us.

Ryan Skiver: 

Thanks for having me.

Tom Mustin: 

Great to talk to again. These days, there's been a huge increase in delivery driver jobs as more people get food and groceries and consumer goods delivered directly to their homes. Have you seen cases where delivery drivers have actually caused some accidents?

Ryan Skiver: 

I have seen a significant increase in the number of crashes that are caused by delivery drivers. Oftentimes they're rushing to get to their next delivery and get those deliveries done, which can lead to them paying less attention and/or not following the safety rules the way that they should be, and sometimes even looking down at their devices and not paying attention to what's in front of them.

Tom Mustin: 

So if someone caused the accident while they're working as a delivery driver, is their employee responsible for the accident?

Ryan Skiver: 

Their employer can be responsible for the crash. It depends on who their employer is in that situation. And that's why it's important to get a lawyer involved to make sure that you are pursuing all of the potential defendants because it may be one of the companies that they're working for, it may be a delivery app, it may be some type of other service that you're unaware of who may have some responsibility because they have some control over that employee. So you wanna get a lawyer involved so you can make sure that you do the proper discovery to figure out who is actually responsible for that crash.

Tom Mustin: 

So what if the company says that the driver was an independent contractor, does that absolve them of any responsibility in the case?

Ryan Skiver: 

Oftentimes the defendants will try to push off the blame and say that they're not responsible by claiming that the driver is an independent contractor. That is not the final determination. They may claim that, but through discovery, we can often prove that they actually have control over them and the driver is their agent so we can put responsibility on the company that has hired them or is controlling them and dictating the way that they're driving.

Tom Mustin: 

So I wanna ask you, what insurance comes into play if you're hit by a delivery driver, and is that insurance enough to cover all the costs?

Ryan Skiver: 

There are lots of different types of insurance that could come into play depending on who the driver is driving for. There could be the insurance from his actual vehicle and/or her vehicle, whatever coverage they may have. But then you can also find information on who they're driving for like the employer, or if they're working under one of those apps, there may be additional coverage that someone like an Uber or a Lyft or one of those other companies may have that would cover them as well. You also have to take into consideration that your insurance could come into play, and if there is not enough coverage on the other side, you can purchase under insured motorist coverage to be able to bridge the gap for any additional damages that you may have above and beyond the coverage that they have.

Tom Mustin: 

Great, so there are things you can do to protect yourself. So can a person handle this kind of claim on their own, or do you think they really need some help here?

Ryan Skiver: 

This type of claim, it's best to get a lawyer involved. You could certainly try to handle it on your own, but be aware that a lot of these companies have lawyers who deal with this situation on a daily basis. So they already have motions drafted and you're gonna be dealing with a lot of motion practice, which means you're gonna have to respond to those motions and come up with legal support for why you do have a claim, for instance, in that independent contractor defense to be able to establish that the company is responsible. So it's best to have a lawyer with the experience and the research behind them to be able to deal with those motions.

Tom Mustin: 

Well, Ryan, a lot of great stuff. As always, we appreciate you joining us.

Ryan Skiver: 

Thank you for having me.

Tom Mustin: 

Alright. And that's gonna do it for this episode of Ask the Lawyer. My guest has been Ryan Skiver. If you wanna ask Ryan a question about your situation, call the number on the screen. Thanks for watching. I'm Tom Mustin for Ask the Lawyers.

Disclaimer: This video is for informational purposes only. In some states, this video may be deemed Attorney Advertising. The choice of lawyer is an important decision that should not be based solely on advertisements.