Delivery Driver Accident Claims
Las Vegas, Nevada
Home deliveries & car accidents
If you were injured in a car accident that involved a delivery driver or you were a pedestrian injured by a delivery vehicle, contact our office at 702-432-1000 to discuss your case. You may be eligible for compensation for your injuries, pain and suffering, medical bills, and lost wages. Plus, get reimbursed for car repairs, replacement, and alternative transportation.
Why do these accidents happen?
There are many reasons why delivery driver accidents happen. The driver could be distracted using a mobile app (distracted driving accidents). Or, the delivery driver rushed to hand over the package and ignored the road (careless driving / reckless driving). Finally, the delivery driver had little or no experience driving a vehicle.
The "gig economy" in Las Vegas
With the development of the "gig economy," we see many new names on delivery vehicles on the streets of Las Vegas: UberEats, Postmates, Eat24, DoorDash, and GrubHub. And then there is Amazon Delivery Service that delivers Amazon products. All of them are using mobile apps to receive orders.
Who is liable?
In Nevada, when a delivery driver uses a company car (e.g., FedEx home delivery), all liability claims are submitted against the company's auto insurance, and in some situations, the company itself.
When a delivery driver uses a personal car during the accident (e.g., UberEats, Postmates, Eat24, DoorDash, GrubHub accidents), it becomes more complicated.
When a personal vehicle is used
Generally, if a delivery driver is "on a job" during the accident, the company insurance covers the accident, even if the driver used their car. Still, if the driver used the same vehicle for personal needs, the driver's insurance is in effect, even if the company logo is on the car.
It is worth mentioning that driver's insurance is usually very basic, often with minimum coverage required by law in Nevada.
Main company vs. franchise
The notion of a "company" is not always straightforward. The delivery driver could be working for the head or main company or for that company's franchise. Each franchise has its own insurance, and each franchise may have a different maximum policy limit.
Driver's responsibility
If the driver uses their car for deliveries in Nevada, the delivery driver is responsible for maintaining their vehicle in good condition. If an accident happened due to vehicle mechanical failure, the driver and the car owner could be held accountable for the accident.
If you have any questions or need more information, call us at 702-432-1000.
After the accident
The steps you should follow in a delivery vehicle accident are similar to other accidents:
• First, assess the situation and seek medical help if needed.
• Second, call the police. The claims process will be much smoother if there is a police report that documents the accident.
• Third, take pictures of all vehicles' license plates and the surrounding area. Photos of the damage to your car are also essential for assessing the injury and force of impact.
• Fourth, contact a lawyer with experience handling delivery driver accident claims.
Should I deal with the at-fault driver insurance directly?
If you get injured in an auto accident, you might receive a call from the insurance company. Many of the questions that an adjuster or claims representative will ask are to gauge your pain levels, areas of injury, and memory of the accident. It is better to take the caller's name and phone number and let your attorney handle all communications with the insurance company. Often, right after an accident, a person is still in shock, and their answers may not be comprehensive, but they are on record and may be used at the time of settlement to reduce the accident compensation.
Van, car, or bike - does It affect the claim?
Yes. The facts of the accident will affect injury claims more than anything else. For instance, the vehicles' sizes and weights can help determine issues like the force of the impact, whether blind spots played a factor, and the reaction time needed to avoid a collision.
Part-time drivers, full-time drivers - does it affect the claim?
Part-time/full-time designation should not matter. What matters is whether the delivery driver was "on the clock" when the accident occurred.
Delivering pizza, medication, or packages - does it affect the claim?
Whether during the accident behind the wheel was a pizza delivery driver, a pharmacy delivery driver, or an Amazon delivery driver, it should not matter as far as the liability claim is concerned. What matters is that the delivery driver was "on a job" during the accident.
Calculating compensation
The amount of compensation is calculated based on submitted medical bills, car damages, proof of your lost wages, etc. The at-fault driver maximum policy limit plays a vital role in the dollar amount of the settlement.
When pedestrians are involved
Injuries to pedestrians and cyclists can be very severe. As in any other injury accident, the personal injury attorney has to prove that the driver's negligence caused an accident and submit a claim to an insurance company seeking compensation for medical bills, pain and suffering, lost wages, and damaged property.
Hit and run accidents
There are cases, like hit and run accidents, when the at-fault driver information is unavailable. In this situation, it is imperative that the police arrive and make a report. If the driver wants to leave the scene before the police arrive, then let the 911 dispatcher know right away. In Nevada, it is a crime to leave the scene of an accident without providing insurance information.
Submitting a claim a few months after the accident
Under Nevada law, the statute of limitations (the length of time a victim has to file a lawsuit) for all delivery driver accidents is, generally, two (2) years from the accident date. There are exceptions to this rule. Call us if you want to know if these exceptions apply to your case.
We can help
The attorneys at Heshmati & Associates handled many delivery driver cases in the last few years, especially when the food truck and pizza delivery drivers were involved.
We take all delivery driver accident cases on a contingency basis, which means - you only pay if we get settlement money.
Call us at 702-432-1000 with any questions you may have.
We serve clients in Las Vegas, Summerlin, North Las Vegas, Henderson, and Nevada.
Last updated on January 31, 2024.
