How To Recover Damages After a Delivery Vehicle Accident

In Wisconsin, the convenience and efficiency of delivery services have become an integral part of daily life. However, the rise of these services has also led to a corresponding increase in accidents involving delivery vehicles. 

If you are injured by a delivery driver, the situation can involve a complex web of liability and insurance issues involved. Here’s what you need to know to navigate these complexities and recover the damages that you deserve.

Working with an experienced Milwaukee car accident lawyer can help you navigate these complexities effectively.

Common Causes of Delivery Vehicle Collisions

Delivery vehicle accidents can be attributed to a variety of factors, often involving negligence on the part of the driver or their employer. These include:

• Distracted Driving: Often, delivery drivers are multitasking, navigating, and managing strict delivery windows, which can lead to distractions.
• Speeding: To meet tight delivery schedules, drivers may exceed speed limits, increasing the risk of a collision.
• Inexperienced Drivers: Some delivery drivers may lack sufficient driving experience or adequate training, which can be dangerous when operating a commercial vehicle.
• Poor Vehicle Maintenance: If delivery vehicles are not properly maintained or inspected regularly, issues like brake failure can lead to accidents.

Determining Liability After an Accident with a Delivery Driver

Wisconsin is an at-fault insurance state, which means that drivers who cause road accidents are financially responsible for any damages that occur. Identifying who is at fault in an accident involving a delivery driver can be complex. 

Several key factors play a role, such as:

• The driver’s employment status
• The series of events leading up to the crash
• Whether the company or the driver owns the vehicle
• The terms of the driver’s contract 
• Whether the company’s policies caused the crash
• Whether mechanical defects caused the crash

For example, say that a delivery driver, who is an independent contractor and owns their vehicle, is involved in an accident due to speeding. In this case, since the driver is not an employee of the delivery service company but an independent contractor, the liability primarily falls on the driver.

On the other hand, imagine a situation where a delivery driver is an employee of the company, and they cause an accident due to distracted driving while on the job. Here, the concept of vicarious liability may apply, where the employer (in this case, the delivery company) can be held liable for the actions of their employee.

Whose Insurance Pays for Damages After a Delivery Accident?

Once liability is established, you then need to determine whose insurance coverage applies to the accident. This can vary based on factors such as the driver’s insurance terms, their employment status at the time of the accident, and the insurance policies of the delivery company, if any.

Because Wisconsin is an at-fault state, the liability usually falls on the at-fault driver’s insurance. If the delivery driver is at fault, their personal insurance policy may not cover accidents that occur during commercial activities and would likely deny the claim. In these situations, you could pursue a personal injury lawsuit or file a claim against a separate commercial policy held by the driver or, in some cases, their employer.

After a delivery accident, determining liability and financial responsibility can be a challenge. In these situations, you need an attorney on your side who can help identify who was at fault, what your insurance options are, and how to prove your right to recovery. Contact a Wisconsin delivery accident lawyer at Cannon & Dunphy S.C. as soon as possible to discuss your case and fight for the compensation that you deserve.