Delivery services are a crucial part of our nation’s supply chain. Delivery vehicles are always on the road, and accidents are unfortunately common. If you or someone you know has been injured in a crash involving a delivery driver, you may sue the driver and possibly the company they work for.
You may sue the delivery driver who caused the accident, and the company they work for may be held vicariously liable. However, vicarious liability does not apply to every situation. For example, you cannot sue the delivery company if the driver is an independent contractor rather than an employee. Even so, the delivery company might be directly liable under certain circumstances.
Begin your case with a free initial review from our Arkansas commercial vehicle accident attorneys by calling (479) 316-0438.
Suing the Delivery Driver After an Accident in Arkansas
The first person you will probably confront after an accident with a delivery vehicle is the delivery driver. It is possible to sue them for your damages, but you must understand all the reasons why you might sue them.
Who is Directly Responsible for the Accident?
First, we should examine the delivery driver and their actions leading to the accident. Often, the delivery driver is found to have negligently caused the accident.
If the delivery driver’s negligence is the direct cause of the accident, they should be held responsible, and you should include them in your lawsuit.
If the accident is complex, various factors may have contributed to the crash, and we need to determine the delivery driver’s involvement before suing them.
Examples of Delivery Driver Negligence
Common factors may include, but are not limited to, the following:
- Speeding
- Driving while distracted
- Reckless driving
- Driving under the influence
- Driving the wrong way
- Ignoring Traffic signs or signals
Vicarious Liability for Accidents with Delivery Vehicles
Our Arkansas commercial vehicle accident attorneys may also include the delivery driver’s employer in your lawsuit.
It may be possible to have the company that hired the delivery driver held vicariously liable if…
- The driver negligently caused the accident,
- While working in furtherance of their normal job duties.
If the driver is not an employee of the company like DoorDash or Amazon, but rather an independent contractor, we may need to find other ways to hold the company responsible.
Exceptions to Limits of Vicarious Liability
When defendants argue that vicarious liability does not apply, we may be able to point to specific legal exceptions.
Non-Delegable Duties
For example, certain duties are considered non-delegable, meaning a company cannot assign them to an independent contractor. A common example is any duties that involve protecting public safety. Companies cannot delegate these duties and will be vulnerable to vicarious liability.
Control Over the Work
Another example is if the employer retained control of the independent contractor’s work or duties. This argument may come into play if the business that hired the delivery driver controlled all aspects of the job rather than letting the driver take control.
Suing Multiple Defendants After an Accident with a Delivery Vehicle
You do not have to pick just one defendant for your lawsuit. As long as we have evidence to back up your claims, you may sue as many defendants as necessary to get the fair compensation you deserve.
The list of defendants may include:
- The delivery driver
- The delivery driver’s employer
- Other drivers
- Anyone else who contributed to the accident
Can You Sue the Delivery Company if the Driver is Not an Employee?
Delivery services often hire employees to drive vehicles, but some delivery companies may hire drivers as independent contractors. This might seem like a trivial distinction, but it can have significant consequences for a lawsuit.
Even if the delivery company hired the driver as an independent contractor, the business may be directly liable for negligent hiring or entrustment.
Negligent Hiring
Negligent hiring may be claimed if we have evidence that the company knew the driver was unfit for the job, yet hired them as an employee or independent contractor.
For example, suppose the driver caused the accident because they were drunk. If we have evidence that the business knew about the driver’s history of DUIs because it conducted a background check and chose to hire them anyway, the business may be directly liable for negligent hiring.
Negligent Entrustment
Negligent entrustment is similar to negligent hiring, but it does not necessarily involve an employer-employee relationship.
For example, we may argue for negligent entrustment if the business behind the delivery driver gave the driver the keys to the delivery car, knowing the driver was unfit to drive and would likely cause an accident.
The driver in this case does not need to be an employee of the business and may be an independent contractor.
Misclassification of Employees
The company involved in your case may claim that the delivery driver is an independent contractor and that it cannot be held vicariously liable. However, just because the company says this does not make it true.
How Businesses Misclassify Workers
In some cases, companies hire drivers as independent contractors but do not treat them as such. Delivery drivers who are independent contractors often have greater control over their work, including how and when they work, their salary, and what routes they drive.
Proving Misclassification of Workers
If a company exercises greater control over the “independent contractor’s” work, we may argue that they are misclassified and should be treated as an employee. If the court agrees, the company may be vulnerable to vicarious liability.
Control over a worker may look like…
- Dictating their hours
- Deciding their wages or salary
- Assessing penalties for mistakes on the job
- Requiring specific tools or resources for the job
FAQs About Suing Delivery Drivers and Delivery Companies in Arkansas After Accidents
Can You Sue a Delivery Driver After a Vehicle Accident?
Yes. Anyone you believe is responsible for the accident may be included in a lawsuit, including the delivery driver. Often, drivers cause accidents by speeding, driving while distracted, or driving recklessly.
Can You Sue a Delivery Company After an Accident with a Delivery Driver?
Possibly. In many cases, the driver’s employer may be held vicariously liable for the accident, meaning they may be responsible simply because they employed the negligent driver. However, vicarious liability might not apply if the driver is an independent contractor rather than an employee.
Can You Sue the Delivery Company if the Driver is an Independent Contractor?
Possibly. The business that hired the driver might be directly liable if it knew the driver was unfit to work but hired them anyway. Alternatively, we might argue that the driver is misclassified as an independent contractor and is really an employee.
What Damages Are Available in Accident Cases Involving Delivery Drivers and Companies?
You may claim damages for the economic costs you incur, including, but not limited to, medical costs, property damage, and lost income if you miss work due to your injuries. You may also claim non-economic damages revolving around pain, suffering, distress, and other painful personal experiences.
When Should You Speak to an Attorney About an Accident with a Delivery Driver?
After an accident in Arkansas, the statute of limitations gives plaintiffs 3 years to file a lawsuit. If no case is filed within this time, the claims may be time-barred, and you may be unable to ever sue for damages from the accident.
Ask Our Arkansas Commercial Vehicle Accident Lawyers for Legal Help Today
Begin your case with a free initial review from our Arkansas commercial vehicle accident attorneys by calling (479) 316-0438.