Kansas City Townsend Law Firm

What should you do if you’re struck by a delivery driver?

On Behalf of | Nov 16, 2022 | Car Accidents, Motor Vehicle Accidents

Collisions between passenger vehicles are common in Kansas. However, if a delivery driver is the one who hits you, the process to follow is an entirely different situation. If you’ve suffered injuries in such an accident, it’s crucial to know what to do.

Understanding delivery vehicle accidents

Kansas is a no-fault state, which means that you are responsible for seeking compensation for your injuries and vehicle damage from your own auto insurance coverage. Personal injury protection (PIP) is in place to cover the costs of your injuries, but your medical bills might exceed that coverage. In that situation, you would have to file a lawsuit.

Potentially liable parties for a delivery vehicle accident

Depending on the circumstances of the accident, different parties might be liable for your injuries. If the driver was negligent or reckless, they might be the one liable. In many cases, drivers are liable even when they’re on a break or operating as independent contractors.

The delivery company might also be liable if the driver is a regular employee who was on the clock at the time of the accident. If the accident occurred as a result of driver error or inadequate training, the company could be responsible. Delivery drivers must be thoroughly trained to handle the vehicle and the requirements of the job.

In some cases, the driver and the delivery company may both be liable for a collision. Both parties could be responsible if the accident involves negligence such as poor vehicle maintenance. Although the company is required to ensure that its vehicles are safe for travel, the driver has responsibilities in that area as well. For example, if a part of the truck is worn or damaged during a trip, the driver must have it addressed by a mechanic.

Hit-and-run accidents

Sometimes, a hit-and-run accident occurs with a delivery driver, which can complicate things. You would have to report the accident to the police and provide as many details as you can recall. However, there’s no guarantee the driver will be tracked down. In this situation, you may want to look into your own uninsured and underinsured motorist coverage.

Delivery truck accidents are often complex but in many cases, you can determine the at-fault party and hold them liable for your damages.