Between food deliveries (i.e., Uber Eats), package deliveries (i.e., Amazon), and freight deliveries (i.e., FedEx), there are countless delivery drivers on the Florida roads at all times. All of these drivers are expected to execute these deliveries within a certain timeframe, possibly making them feel as though they are in a “race against the clock,” so to speak. In turn, this pressure may cause them to drive negligently, and potentially lead to an auto accident involving you. In this scenario, please continue reading to learn what to do if you get injured by a delivery driver on the road and how an experienced Miami delivery driver accident lawyer at the Law Offices of Gonzalo Funes, PA, can guide you on how to respond legally.
What happens if I’m injured by a delivery driver on the road?
You may automatically assume that you must place your legal action against a negligent delivery driver whose reckless driving caused your accident and injuries. While this may be true in some cases, the nature of the driver’s employment may require a different approach.
For example, Amazon sometimes employs what are known as flex drivers, who are independent contractors who use their own vehicles to execute deliveries for the company. In this case, you may file a claim against the delivery driver’s personal auto insurance policy. But also, Amazon uses delivery service partner drivers from third-party companies that contract with Amazon. And so, you may seek to recover damages from this third-party company rather than Amazon.
Last but not least, though, the negligent driver may have been directly employed by Amazon and operating an Amazon-owned delivery truck at the time of your accident event. Inevitably, Amazon may be held liable for its employees’ negligent behaviors and actions. With this, though, the company’s liability insurance policy may only cover an employee’s actions within the scope of their employment. That is, they must have been on the clock and actively en route to make a delivery.
How long do I have to respond legally to my delivery driver auto accident?
No matter who you determine the at-fault party of your delivery driver auto accident to be, the statute of limitations for personal injury claims in the state of Florida is two years. This generally means two years from your accident event date, or the date you reasonably identified your incurred injuries.
Before you fully initiate this lawsuit, you must be certain that you did not play a significantly negligent role in your auto accident event. This is because, in Florida, more than 50 percent of contributory fault may completely wipe out your eligibility to be a plaintiff in a personal injury claim. Good legal representation will help establish your integrity when claiming this.
This matter may obviously be important to you, and you may want the best possible outcome. So please, do not fight this without a skilled Miami auto accident lawyer in your corner. The team at the Law Offices of Gonzalo Funes, PA, is here at your command.
