Does the Company Have to Pay if a Delivery Driver Hits Me in Virginia?
Liability for accidents involving delivery trucks is often more complex than in typical car accident cases. It brings up questions about whether the driver was working, who owns the vehicle, and what kind of insurance applies. If you have been hurt in this type of accident, the first step in recovering damages is to talk to an experienced Woodbridge, VA car accident lawyer. At Parthemos, Curran, Buelow and Polizzi, PLLC, we will explain your rights and help you build a solid accident claim.
Who Is Liable for a Delivery Driver Accident in Virginia?
In delivery driver accident cases, liability depends on the driver’s job status at the time of the crash. If the driver was an employee doing their job, the delivery company may be held responsible. Under Virginia’s "respondeat superior" rule, an employer can be liable for the actions of an employee while they are performing work duties.
However, many companies hire independent contractors instead of direct employees. These self-employed workers use their own vehicles and make their own schedules. Because of this, the company is usually not legally responsible for their mistakes.
Delivery drivers sometimes use commercial insurance, which covers accidents that happen on the job. Others may rely on their personal auto policy or a company-sponsored plan. According to Va. Code § 46.2-472, every vehicle driven in Virginia must have a minimum level of liability insurance. Commercial drivers often carry higher limits, which means more coverage for victims. If the driver worked for a large company like UPS or FedEx, that company’s insurance could help pay for your damages.
Steps To Take After You Are Injured in an Accident With a Delivery Driver in Virginia
Some steps you can take to protect your claim after an accident include:
-
Call 911 so the police can make an official report.
-
Get the driver’s name, employer, and insurance information.
-
Take pictures of the vehicles, damage, and the accident scene.
-
See a doctor right away, even if you feel fine. Some injuries take time to show up.
-
Contact a Virginia car accident lawyer who can find out whether the driver, the company, or both are responsible for what happened to you.
What Damages Can You Recover After a Crash With a Delivery Driver?
Under Va. Code § 8.01-243, you have two years from the date of your accident to file a personal injury claim. In that claim, you can request compensation for economic and non-economic damages. This can include the cost of your medical treatment, such as emergency care, surgery, rehabilitation, and any ongoing therapy you need. You may also be entitled to recover lost wages if your injuries prevent you from working, as well as future income if you cannot return to your previous job. In addition, you can seek compensation for the pain and suffering you experienced, along with the cost of repairing or replacing your vehicle and other damaged property.
Schedule a Free Consultation With a Winchester, VA Delivery Truck Accident Attorney
To get through the complicated claims process without compromising your right to fair compensation, you need a knowledgeable attorney who is dedicated to getting you the best outcome. At Parthemos, Curran, Buelow and Polizzi, PLLC, we provide aggressive, personal representation. Our more than 120 years of combined experience allows us to take on complex cases that other firms often turn down. We do not accept any case unless we are ready to fight for it in court.
If you were injured by a careless delivery driver, do not wait to get legal help. Contact us today at 540-662-4222 to speak to our experienced Woodbridge, VA car accident lawyers. Your first consultation is free.