Delivery traffic in Florida has surged in recent years, making roads busier than ever as a result. From large commercial trucks hauling packages to gig workers dropping off meals on tight deadlines, it’s tough to travel far without seeing at least one of these vehicles at work. Unfortunately, that increased pressure also comes with a higher risk of car accidents and truck accidents.
If you were injured in a collision involving a delivery driver, you may have the right to file a personal injury claim for compensation. These cases can get complicated quickly, however. Who you can hold liable and how much insurance is available depends on many factors, including the driver’s employment status and what the driver was doing at the moment of the accident.
How Liability Works in Florida Delivery Driver Accidents
The central question in most Florida delivery driver accident cases is whether the driver is classified as an employee or an independent contractor. Florida law treats these two categories very differently when it comes to who can be held responsible. Here is how it breaks down across the most common types of delivery services:
- UPS and FedEx (at least through their Express side of operations) hire their drivers as direct employees. When one of these drivers causes an accident on the job, the company is generally liable under respondeat superior, a legal doctrine that holds employers responsible for the negligent actions of their workers. These companies carry large commercial insurance policies as well.
- Amazon uses two delivery models. DSP drivers work for small third-party companies that contract with Amazon, while Flex drivers are independent gig workers who use their own vehicles. Amazon typically argues it is not liable for either, though this may or may not succeed based on the facts of the case.
- DoorDash and Uber Eats classify their drivers as independent contractors. These companies argue they are technology platforms, not employers, and that the driver alone is responsible for any accident. However, both companies provide tiered commercial insurance that may apply depending on what the driver was doing at the time of the crash.
- FedEx Ground also uses a contractor model similar to Amazon’s DSP program. Drivers technically work for independent businesses that contract with FedEx, which can complicate the process of holding FedEx itself liable.
An experienced Florida personal injury attorney can investigate the specific relationship between the driver and the company involved in your accident and determine who can be held legally responsible.
Contact our Florida Car Accident Attorney at Elliott Law Firm To Learn More
If you were involved in an accident with a Florida delivery driver, the company behind them will move quickly to protect their interests. You should have someone doing the same for you. Elliott Law Firm can help you cut through the corporate barriers and work toward putting maximum compensation into your pocket from there.
Call our Florida car accident lawyer today at (800) 300-0303 to schedule a free consultation. We’ve recovered tens of millions of dollars for our clients to date and will work just as hard for you.