If a delivery driver’s carelessness caused your injury in an auto accident, you may be entitled to compensation.
What types of delivery drivers does this article apply to?
This article applies to injury claims against all delivery drivers in Florida. They include, but are not limited to:
- Pizza Hut, Dominos, Papa Johns, Sir Pizza
- UPS, FedEx, DHL or USPS
- Sushi Delivery
- El Dorado Furniture, Macy’s Delivery
- Amazon delivery drivers
- Holland
- YRC Freight
- and much more!
Does a delivery driver owe you compensation if his carelessness caused your injury in Florida?
Yes. However, if the driver has personal auto insurance, it will likely deny coverage if the driver hit you doing while he was working. Most delivery drivers in Florida have personal auto policies.
If the driver has a business auto policy, it should pay for your damages. This assumes that the driver’s negligence caused your injury.
It also assumes that the driver has bodily injury (BI) liability insurance.
A delivery driver is one of the 11 parties that you may have a claim against.
What types of damages can you get against a delivery driver in a Florida auto accident?
You may be able to get money for damages including:
- Diminished Value of Your Vehicle
- Rental Car
- Past Lost Income
- Future lost income reduced to present value
- Past medical expenses
- Future medical expenses
- Replacement value of lost personal property (e.g. damage to your car, broken glasses, watch, etc.)
- Funeral expenses
- Reimbursement for mileage to and from medical appointments
- Past Pain and suffering
- Future Pain and Suffering
- Disability
- Scarring and disfigurement
- Mental anguish
- Loss of capacity for the enjoyment of life.
- Punitive Damages (in rare cases)
Does a delivery driver’s employer owe you money if its driver’s carelessness caused your injury in Florida?
Yes, if the driver was acting in the course and scope of his employment.
The employer may deny that the driver was acting within the scope of his employment at the time of the collision.
You want to be able to sue the employer because there is a greater chance that they have the money (or insurance) to pay for your injury.
What types of damages can you get against a delivery driver’s employer in a Florida auto accident?
If you can prove that the driver’s negligence caused your injury, and he was in the course and scope of his employment, you can get the same damages as you can against the driver. I listed those above in the “damages against driver” answer above.
Who determines if the driver was acting within the scope of his employment?
If you are unable to settle during the lawsuit, a jury will hear evidence regarding whether the driver was within the scope of his employment when the crash occurred.
You should try to settle your case before a lawsuit. If you sue, you have the right to ask the driver and employer questions to establish that he was acting within the scope of his employment.
Is it possible that a delivery driver is 100% liable for the accident?
Yes. A jury can find that the driver is 100% liable for the accident if he was not acting within the scope of his employment at the time of the accident.
Can you still get money if you were partially at fault in the crash?
Maybe. The full value of your personal injury case is reduced by your percentage of fault.
What happens if the delivery driver and his employer are uninsured?
You can make a claim with any uninsured motorist (UM) auto insurance to which you are an insured.
How long do you have to sue a delivery driver and his employer in Florida?
If a delivery driver hits and injures you in Florida, there is a time limit to sue. You generally have four (4) years to sue a driver and his employer.
You only have two years to sue USPS.
You usually have 5 years to sue any uninsured motorist insurer in Florida.
What Florida cases discuss liability of delivery drivers?
A lady sued a pizza restaurant, Vocelli Pizza, after a delivery driver crashed into her vehicle. The jury found the driver 100% liable.
However, the jury found that the driver was not acting within the scope of his employment. Therefore, the driver was liable but the employer wasn’t liable.
The case is Choy v. Faraldo, Fla: Dist. Court of Appeals, 4th Dist. 2013. I believe that this accident happened in South Florida.
I say this because the case was appealed to the 4th District Court, which issued its ruling on august 7, 2013. Florida’s 4th DCA handles appeals from Palm Beach, Broward, St. Lucie, Martin, Indian River, and Okeechobee Counties.
The 4th DCA is located in West Palm Beach, Florida. Most Florida auto accident lawsuits take place in the court that has jurisdiction over the county where the crash happened.
Find Out If the Delivery Driver Worked for a Franchisee or Franchisor
If you’re hit by a delivery driver for a restaurant, you want to get the insurance information for the restaurant that hit you. The restaurant may be a franchisor or a franchisee.
You can go to the Florida Department of Business & Professional Regulation and search to see who owns the restaurant. You can send a letter to this company.
Send a letter to the physical location of the restaurant requesting its auto insurance information.
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