Are Third-Party Delivery Drivers Liable in a Commercial Vehicle Accident?

You’re on the way home, and a delivery driver stops suddenly in the middle of the road, searching for their next address. You can’t slow down in time. While they’re driving a delivery van with a well-known company logo on it, you realize they’re actually a contract driver. Can you still hold the company or driver accountable if they aren’t a “real” employee?

Accidents involving third-party delivery drivers have become very common, thanks to the bad driving habits their employers encourage. When reporting an accident, people are shocked to learn that the company the driver represents is not necessarily held legally responsible.  In many cases, it falls to the individual driving the van, or worse: the victim.  

This is where your local Los Angeles commercial vehicle accident lawyers can help you fight back against underhanded tactics to avoid accountability. 

What’s a Third-Party Delivery Driver? 

A third-party delivery driver works on behalf of a company to deliver goods and services to your doorstep. These are your Uber or Lyft drivers, DoorDashers, FedEx or UPS drivers, and Amazon delivery people. They are not official employees of these companies but work as independent contractors. 

Why Third-Party?  

Car accidents are an occupational hazard. For companies as big as Amazon, Uber, and DoorDash, thousands of accidents across the country can add up fast. To alleviate those potential costs to the company, they turn to independent contractors, shifting the brunt of those costs to individual drivers or a third-party service that supplies the drivers.  

Amazon created the Delivery Service Partner system (DSP), a program geared toward partnering with businesses to manage shipping for Amazon users. They are Amazon delivery employees in everything but a W2 capacity. The DSP creates brand visibility by having more cars and trucks with Amazon logos on the road. However, when it comes to taking accountability for accidents, the company often disappears. Los Angeles commercial vehicle accident lawyers aim to ensure corporations are held accountable.

How Are Bad Driving Habits Encouraged? 

Third-party delivery drivers must meet a quota, indirectly encouraging risky driving in order to avoid losing their job. According to the Federal Motor Carrier Safety Administration (FMCSA), the unsafe driving rates for Amazon drivers were 89% higher than their competitors. 

This stress of the demanding schedule and unhealthy habits is the perfect formula for a disaster. Drivers fall asleep at the wheel after multiple long shifts in a row which have caused various accidents. Drivers have also caused hit and runs which have led to death as they rush from location to location to meet the company’s expectations.  

Since their delivery partners are listed as independent contractors in all official documents, it’s difficult to legally put the blame on the corporation. This is what makes finding liability difficult. These companies distance themselves from the actions of their unofficial employees to avoid losing money. However, Los Angeles commercial vehicle accident lawyers can help you navigate the loopholes to find liability.  

How Do Los Angeles Commercial Vehicle Accident Lawyers Find Liability? 

These delivery companies use loopholes to avoid accountability and place the blame entirely on the driver or the delivery partner. On paper, these corporations label themselves as a middleman that helps companies deliver their items. In practice, companies become an overseeing presence that fosters unsustainable work environments.  

In 2024, the National Labor Relations Board (NLRB) submitted a suit against Amazon to reclassify these DSP drivers as employees. However, the California courts have chosen to support Amazon in keeping these workers labeled as “independent contractors”. The fight to force massive corporations to take accountability continues. In the meantime, this is how your Los Angeles commercial vehicle accident attorney navigates these loopholes to find out who’s at fault. 

Car Crash Data 

In an accident with a commercial vehicle, sometimes there is more information available than there would be in a regular accident due to workplace-required technology. In an accident involving a third-party commercial vehicle, these pieces of evidence may offer more insight to the accident: 

GPS Data- Third party delivery services use GPSs to optimize delivery routes and provide a faster service. This data allows us to understand what the driver was doing prior to the accident. 
 

Driving Footage- In a typical car crash, we use dashcam footage to see a first-person point of view of a crash to find fault. Some commercial vehicles come with cameras installed to watch the driver, so an accident attorney also takes that into consideration. 
 

Telematics/App Data- Depending on the type of commercial vehicle, your Los Angeles truck accident attorney may gain access to the speed the delivery truck or van was driving prior to the accident as well as their overall driving profile and behavior on the clock 

Know the Driver 

Third-party drivers are not considered employees of the companies they represent. This makes it easier for the companies to avoid legal liability and pin it on the independent driver or the smaller business they technically work for. Knowing which type of employee you get into an accident with can help you figure out if you have a case against a company or an individual.  

Third-Party Company Drivers – These third-party delivery drivers work with smaller companies that deliver items on another company’s behalf. Each third-party delivery company is responsible for its own workers, but they must follow the bigger company’s rules. These drivers must carry their own liability insurance for the commercial vehicles they operate on the clock.  

Flex Drivers –  DoorDashers, Uber drivers, and Amazon Flexers fit this description. These people use their personal cars to work for these companies. They are considered independent contractors. While the companies provide some coverage, it may fall on the individual to pay for any accidents on the clock.  

California’s Comparative Fault Law 

California’s Comparative Fault Law states that each party in a crash holds some liability. If you are involved in an accident with a third-party delivery driver, you may get more money than you think. It depends on the circumstances of the accident in question. For a personalized overview, schedule a free consultation with a Los Angeles commercial vehicle accident lawyer. 

FAQ 

I’m a Third-Party Driver and I Hit Someone. What Can I Do?  

This depends on the type of employee you are and the car insurance you have. For a personalized review of your case, please contact a Los Angeles truck accident attorney for a free consultation.  

Have People Successfully Sued Companies? 

Yes.  Someone people have been able to successfully sue large corporations for a car or truck accident involving one of their commercial drivers and hold them liable for all damages.  

Bradfield et al v Amazon Logistics et al is a case involving an injured child in a car accident due to the company‘s poor driver training program and awarded the family $16.2 million and held the company responsible for 85% of the child’s injuries.  

What Does the Company Do After an Accident?  

More often than not, these companies shift the blame and hide behind paperwork and technicalities. When people call the companies demanding answers, they redirect you to the induvial parties involved in the accident. However, you can meet with a car accident attorney to see if you may be able to hold them accountable legally as well.  

I Was Injured During an Uber Ride. Who Pays?  

Uber and Lyft have similar policies. If you were on an official ride when the accident occurred, the company’s insurance policy will take over. If you weren’t on an active fare, then you’d benefit from speaking to a Los Angeles car accident lawyer for more information on your rights.  

How Can I Protect Myself on the Road? 

There isn’t one way to fully protect yourself on the road. However, following traffic laws, using your turn signals, avoiding sudden braking, and keeping your focus on the road can go a long way in helping you stay aware of your surroundings and avoid risky situations. If you see someone driving recklessly, report it to the police. 

Contact Our Lawyers Today!   

We at Vaziri Law, LLP, are dedicated to helping you navigate the complicated detective work needed to file your commercial vehicle claim properly. If you were involved in an accident with a third-party delivery driver working for a major corporation, call Vaziri Law today!