Massachusetts Delivery Accident Attorneys
Today, we rely on delivery trucks and vans to provide everything from our weekly groceries to the latest fashion trends. In addition, food delivery services have overtaken our phones with updates on our morning coffee and late-night takeout. As convenient as these services are, drivers are often rushed, distracted, and fatigued from constantly making deliveries at all hours, often leading to collisions.
If you were injured by a negligent delivery driver in Boston or elsewhere in the state, you should contact a Massachusetts delivery accident attorney at DiBella Law Offices, P.C. We are no stranger to taking on large insurance companies and can thoroughly review all available liability policies involved in your accident so not a single cent is left out of your case. Contact us at (781) 262-3338 to learn what options are available to you.
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Delivery drivers can be categorized into two different fields: package handlers who take the last mile deliveries and food delivery drivers. Both types of drivers can act recklessly when delivering orders, resulting in serious collisions, but there are specific issues that divide them.
Package handlers often work for large delivery companies like FedEx, UPS, DHL, Amazon, or a third-party company that is contracted with one of the big four. These drivers are often fully trained for their job, have commercial licenses and insurance policies, and driver large vehicles that are very similar to passenger vans. Because of the size of these vehicles, drivers are required to be completely in control at all times and focus on the task at hand, but can:
- Speed to complete orders on time
- Ignore maintenance issues to continue working
- Become distracted by GPS notifications or delivery updates on their phones
- Make illegal turns in unfamiliar neighborhoods
- Drive fatigued due to working long hours
- Overload vehicles to complete more orders
In contrast, food delivery drivers often lack training and are contracted through smartphone apps, meaning there is little oversight into their driving skills and knowledge. They are also paid per delivery and through tips, meaning they may pack on extra orders to get bonuses and rush to complete orders early or on time. Food delivery drivers can act negligently by:
- Traveling at high speeds
- Making illegal stops on busy streets
- Become distracted by smartphone apps
- Become fatigued by driving at late hours
All of these actions, whether by a package handler or food delivery driver, can result in catastrophic collisions that injure drivers, motorcyclists, pedestrians, and cyclists.
Based on how rushed delivery drivers are to complete orders on time and efficiently, they can commit multiple negligent actions. While any driver can be involved in an accident, delivery drivers are most likely to be involved in:
- Side-swipes due to distracted driving
- Rear-end collisions as a result of speeding and not paying attention to the road
- T-Bone accidents at intersections if the driver ignores a traffic sign
- Collisions with pedestrians who are in crosswalks
- Lost cargo collisions from unsecured packages
- Crashes caused by suddenly stopping or illegally parking
When these collisions occur, victims can pursue a car accident claim against the at-fault delivery driver under their liability policy, but that may vary depending on the company.
All delivery drivers, whether they work for Amazon or Doordash, must have some form of liability insurance in Massachusetts. For everyday drivers, this stops at personal policies, but commercial drivers must also have commercial policies that provide extensive coverage for accident victims. However, the limits of these policies vary depending on which company hit you and in what circumstances those policies apply.
FedEx liability policies cover FedEx Express, FedEx Ground, and FedEx Freight vehicles for collisions with up to $5 million policy limits. However, many delivery drivers for FedEx are third-party contractors, meaning that policy may apply in different situations depending on whether they are on-duty or not and how they are classified under the policy.
Unlike FexEx, most drivers for UPS are employees, meaning their liability policies will likely cover an accident involving a delivery van. The policy limit for UPS delivery vehicles is $1 million.
Amazon, surprisingly, does not have a liability policy in place for most drivers. Oftentimes, Amazon delivers packages through third-party delivery services, including UPS, FedEx, and DHL, meaning your claim might be against one of those companies instead of Amazon.
Uber Eats has the same policy and rules as the rideshare service. If the driver was on-duty at the time of the accident but had not picked up the order, they would be covered for up to $50,000 per injury, $100,000 in total for injuries involving two or more people, and $25,000 in property damage. However, if the driver had picked up an order, then the policy limit increases to $1 million.
Unlike Uber Eats, Postmates provides excess liability coverage. This means that if a driver is involved in a crash, then the victim must file against the driver’s policy first and, if their damages exceed the policy limit, they could then file against Postmates’s $1 million policy.
Doordash’s liability policy is the same as Postmates.
Instacart does not have a liability policy in place for drivers, meaning you would have to file a claim against the driver or, if they do not have insurance, file an uninsured motorist claim for damages from your own auto insurance company.
Pursuing a claim against a major delivery company is not an easy task. These companies have thorough insurance policies and a team of lawyers to defend their interests. They may minimize your injuries, submit low settlement offers, and even reject your claim. Your best chance at receiving proper compensation requires contacting an experienced Massachusetts car accident attorney.
At DiBella Law Offices, P.C., our legal team and lead attorney are staunch advocates for car accident victims. We provide every potential client a free consultation to discuss their case and learn how the wreck has impacted their lives. Then, after we have become familiar with the incident, we can review all available evidence and liability policies to determine if you can pursue compensation. If we take you on as a client, we will aggressively pursue compensation on your behalf from all liable parties, even if they are a major delivery company. To learn if we are the right fit for you, call us today at (781) 262-3338.