What To Do After An Accident With a Delivery Driver in New Mexico

Navigate the aftermath with help from a personal injury attorney

As online shopping and food delivery services grow, accidents involving delivery drivers are becoming more common in New Mexico and throughout the nation. These accidents are often more complicated than regular ones because they involve commercial vehicles and potentially complex insurance coverage. So, when someone gets hurt in an accident caused by a delivery driver, it’s no surprise that such legal matters can be confusing.

Unlike regular car accidents, where you deal with personal insurance, accidents with delivery drivers often mean dealing with the company’s insurance provider. This adds extra steps to the legal process and allows the at-fault party’s insurance company to take advantage of victims unfamiliar with the compensation process. So, knowing what to do after an accident with a delivery driver is crucial for a smooth recovery and securing the maximum compensation you deserve.

Involved in an accident with a delivery driver? Here’s what to do

Dealing with the aftermath of an accident involving a delivery driver can be stressful. Knowing the right steps to take immediately following the incident can make a significant difference in ensuring your safety, protecting your rights, and securing fair financial compensation. Small things like what you do or say at the scene of the crash can influence your claim. Here’s a detailed guide on what to do starting with the moment the accident happens:

• Check for injuries: Ensure everyone involved in the accident is safe. If anyone is injured, call 911 immediately to get medical help. Even if injuries seem minor, they can become serious if not treated promptly.
• Move to safety: If the vehicles are obstructing traffic and it's safe to do so, move them to the side of the road. Turn on hazard lights to alert other drivers. It’s important that you and everyone involved are out of harm’s way.
• Seek medical attention: Even if you feel fine, see a doctor to rule out any hidden injuries. Adrenaline can mask pain immediately after an accident. A medical report will also serve as important evidence if you need to file a claim.
• Call the police: Report the accident to the police, regardless of its severity. An official police report is crucial for future insurance claims and any potential legal action.
• Exchange information: Collect the delivery driver's contact details, driver's license number, and insurance information. Make sure to also get the name of their employer and any details about their delivery vehicle. There’s no need to speak about other details of the accident. Keep your comments short and stick to the facts of what you know. Don’t speculate.
• Gather important details: Take clear photos of the accident scene from multiple angles, including vehicle damage, skid marks, traffic signs, and any visible injuries. This visual evidence can be critical for insurance claims and legal proceedings.
• Talk to witnesses: If there are witnesses, ask for their contact information and if they would be willing to provide statements. Witnesses can offer unbiased accounts of the accident, which can support your potential legal case.
• Notify your insurance company: Inform your insurance company about the accident as soon as possible. Tell them what happened and cooperate fully. Your insurer will guide you through the next steps in the claims process.
• Keep records: Maintain a detailed file of all documents related to the accident. This should include the police report, medical bills, repair estimates, correspondence with insurance companies, and any other relevant information.
• Contact a lawyer: Consult with an experienced lawyer who has experience handling accidents involving delivery drivers. A lawyer can help you navigate the process of dealing with the delivery company’s insurance. They will handle communications with the insurance company, ensuring that you don’t accept a settlement offer lower than what you deserve. A lawyer will also gather evidence, negotiate on your behalf, and represent you in court if necessary, maximizing your chances of receiving fair compensation for your injuries and financial losses.

Causes of delivery driver accidents

Accidents involving delivery drivers can happen for a variety of reasons. Some of the most frequent factors contributing to delivery driver crashes include:

• Speeding: Delivery drivers often operate under tight deadlines, leading them to speed to meet delivery schedules. Speeding reduces a driver’s reaction time and increases the severity of collisions. High speeds can make it difficult to navigate turns and stop suddenly, resulting in a higher risk of accidents.
• Drowsy driving: Long hours on the road can lead to fatigue among delivery drivers. Drowsy driving impairs judgment, slows reaction times, and increases the likelihood of falling asleep at the wheel. Fatigued drivers are less aware of their surroundings and more prone to making critical errors that can lead to crashes.
• Distracted driving: Delivery drivers often multitask, using GPS devices, checking delivery instructions, or communicating with dispatchers while driving. These distractions divert their attention away from the road, increasing the risk of accidents. Even losing focus for a second can result in severe consequences, especially in heavy traffic.
• Inexperience: Delivery drivers who are relatively new to driving or unfamiliar with the areas they serve are at a higher risk of being involved in an accident. They may also struggle with navigating routes, handling large delivery vehicles, or understanding traffic patterns, all of which contribute to accidents.
• Unsecured loads: Improperly secured loads can shift during transit, causing drivers to lose control and increasing the risk of accidents
• Poor vehicle maintenance: Delivery vehicles often undergo heavy usage, making regular maintenance crucial. However, some companies may neglect routine checks and necessary repairs to save time and money. Poorly maintained vehicles are more prone to mechanical failures, such as brake malfunctions, tire blowouts, and engine problems, which can lead to accidents.

Understanding employer liability

In many cases, the delivery company can be held liable for the actions of their drivers under the legal concept of vicarious liability. This means that if the delivery driver was performing work-related duties at the time of the accident, the employer may be responsible for the resulting damages. This is particularly relevant if the driver was acting within the scope of their employment, such as making deliveries or returning from a job.

An important consideration is whether the delivery driver is classified as an employee or an independent contractor. This distinction can significantly impact liability and the insurance claims process. Employees typically fall under the company's insurance coverage, while independent contractors might only have their own insurance. Knowing this difference is crucial in determining who is financially responsible for covering damages, which is why it’s so important to consult an attorney who can help you identify the right potential sources of compensation.

How much is my delivery driver accident claim worth?

Determining the value of your delivery driver accident claim involves considering multiple factors that reflect the full extent of your damages and losses. While the delivery company or its insurance provider may try to control the value of your claim, their initial settlement offers will often fall short of covering all your expenses. To assess the fair and full value of your claim, the following factors should be considered:

• Medical expenses: One of the most significant factors in determining your claim's worth is your medical expenses. This includes immediate costs such as emergency room visits, surgeries, medications, and ongoing treatments like physical therapy and follow-up appointments. It's crucial to account for both present and future medical expenses related to your injuries, which can add up quickly due to a severe injury or permanent disability.
• Lost wages: If your injuries have caused you to miss work, you can claim compensation for lost wages. This includes not only the income you've already lost but also any future earning potential if your injuries prevent you from returning to your previous job or working in a reduced capacity in the future.
• Pain and suffering: Pain and suffering refers to the physical and emotional distress caused by the accident and your injuries. While more challenging to calculate, these damages are real and a crucial part of your claim. Factors like the severity of your injuries, the duration of your recovery, and the impact on your quality of life should all be considered when calculating pain and suffering.

Don’t back down to delivery companies or insurance providers

Navigating the aftermath of an accident with a delivery driver in New Mexico can be incredibly challenging, especially when dealing with the tactics of delivery companies trying to minimize your compensation. These companies often use aggressive strategies to protect their interests, leaving accident victims feeling overwhelmed and under pressure. Trying to handle these challenges alone can lead to costly mistakes and significantly reduced compensation for your injuries and damages.

At the Szantho Law Firm, P.C. in New Mexico, Attorney Andras Szantho is well-versed in countering the tactics of delivery companies. He understands what's at stake and will fight hard to protect your rights and secure the compensation you deserve.

With our law firm on your side, you won't have to face these powerful companies alone. We’ll develop strategies designed to make sure you are treated fairly and will keep you informed every step of the way. Contact us to schedule your free case evaluation today.

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