What Does Vicarious Liability Mean for Your Accident Claim?

 Posted on August 19, 2024 in Contracted Driver Deliveries

If you are injured in an accident caused by a UPS, Amazon, or FedEx vehicle or driver, you are likely entitled to compensation. Is the corporation responsible for paying you, or is it the delivery person? What are the legal grounds for filing a delivery vehicle accident claim?

Vicarious liability is an important legal concept when commercial vehicles or employees cause accidents or intentional harm. An experienced Dallas, TX commercial vehicle accident lawyer from Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C. can help you understand this concept and if it applies to your case.

What Is Vicarious Liability?

This legal term attaches responsibility to an employer for the actions of their employees. Contractors and other third parties are not necessarily included in this liability, although our firm can often overcome this challenge.

Suppose that Bob is a delivery driver employed by UPS. Bob is behind schedule when his delivery truck crashes into your car and injures you. However, you were texting at the time of the collision. This example has several points that pertain to vicarious liability:

• Bob was actively performing work-related duties while on the clock; he was not on a break.

• Because Bob is an employee, UPS is vicariously liable to pay your damages.

• UPS may not be the only potentially liable party, as truck maintenance companies and vehicle parts manufacturers may also share some of the burden.

• You were distracted by your phone when the accident occurred; if you had been paying attention, you might have been able to avoid the accident. Therefore, you share a portion of the blame.

• Tight delivery schedules can make drivers less attentive to traffic conditions because they are focused on meeting company-imposed deadlines.

Employers have obligations to train their last-mile delivery drivers properly, screen applicants for things like past driving history, and provide adequate supervision. Delivery trucks should be maintained regularly, with issues like worn tires or faulty brakes addressed promptly.

Because you are partially at fault, Texas modified comparative negligence laws come into play. If you are more than 50 percent responsible, you cannot obtain compensation for your damages. If your degree of fault is less than 50 percent, your damages will be reduced accordingly.

What If a Delivery Truck Driver Is a Contractor?

Whether by design or because corporations do not have the capacity to make all deliveries themselves, these companies may use contractors. This distancing may reduce the companies’ liability in vicarious liability and respondeat superior claims if a contracted driver causes an injury.

At Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C., we understand the applicable laws and how to apply them to protect your best interests. Because a corporation like Amazon, for instance, exerts significant control over its contractors, we may be able to hold the company liable for your damages.

Schedule Your Free Consultation With Our Skilled Dallas, TX Car Accident Lawyer

Whatever the circumstances of your delivery driver accident, Delivery Driver Accident Attorney, Operated by the Law Office of Jerry D. Andrews, P.C. can help. If you qualify to obtain compensation, we will work diligently to hold the appropriate parties accountable and maximize your payout. Call us at 469-461-4870 now to speak with our dedicated Dallas County, TX delivery driver accident attorney.