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A delivery driver can be responsible for a crash even when the delivery truck never directly strikes another vehicle. A truck that blocks a driver’s view or creates an unsafe obstruction can contribute to a collision.
Delivery drivers who fail to check for vehicles, pedestrians, and cyclists when backing up can also cause serious injuries.
Renée Nordstrand-Black and Doug Black are Santa Barbara delivery truck accident lawyers. When a collision occurs, NordstrandBlack PC can review your case and advise you on your options for seeking maximum compensation.
When Can a Delivery Driver Be Liable for an Accident?
The facts surrounding the delivery driver’s conduct will be important when determining delivery driver accident liability. A delivery driver may be liable when negligent driving causes or contributes to an accident.
California drivers have a responsibility to operate their vehicles with reasonable care, regardless of whether they are driving their own car or completing deliveries for a business.
Common examples of potentially negligent delivery driving include:
- Backing without checking for pedestrians, bicyclists, vehicles, or other hazards
- Looking at a phone, navigation system, or delivery application while driving
- Double parking or stopping in an unsafe location
- Blocking another driver’s view of an intersection or driveway
- Making sudden stops or turns
- Failing to yield to pedestrians
- Leaving a vehicle improperly secured on a hill or driveway
California Vehicle Code Section 22106 states that a driver may not start a vehicle that is stopped, standing, or parked on a highway unless the movement can be made with reasonable safety. The statute also addresses backing movements, which must be performed with reasonable safety.
Why a Delivery Truck Can Be So Dangerous When It’s Backing Up
Delivery trucks have large a blind spot behind the vehicle. A driver should check the area around the truck before backing up and continue watching for hazards while the vehicle is moving. It is important to watch out for pedestrians, bicyclists, skateboarders, and people walking pets who may also enter a driver’s blind spot.
Can a Delivery Truck Driver Be Liable for Blocking the Road?
A delivery driver’s actions may create liability when an improperly stopped or parked truck contributes to a foreseeable collision. That means a truck does not necessarily have to make physical contact with the injured person to cause serious injuries.
California Vehicle Code Section 22500 establishes restrictions on stopping, parking, and standing vehicles in certain locations, including specified areas near intersections, crosswalks, sidewalks, and driveways. Whether a particular delivery stop violates California delivery truck accident laws depends on where and how the vehicle was positioned.
For example, if a large delivery van is stopped near an intersection, it could obstruct a driver’s view of approaching traffic, or a bicyclist may have to move farther into the roadway to pass a double-parked truck. This scenario can lead to devastating collisions. Photographs of the truck’s location can become particularly valuable evidence in these cases.
When Is the Delivery Company Responsible?
When a collision occurs, one of the first questions an attorney may investigate is whether the driver was an employee and whether the driver was acting within the scope of employment when the crash occurred. Under California’s respondeat superior principles, an employer can potentially be held responsible for negligent acts committed by an employee within the scope of employment.
The business may also face liability based on its own conduct. Potential issues may include:
- Inadequate driver training
- Poor vehicle maintenance
- Negligent hiring of a driver with an unsafe record
- Negligent retention of a driver with known safety issues
What If the Driver Is an Independent Contractor?
The distinction between an employee and an independent contractor can significantly affect a delivery truck accident claim. Modern delivery networks frequently involve contractors, subcontractors, fleet operators, and businesses performing deliveries under another company’s brand. A company may argue that it is not responsible because the driver was an independent contractor. However, that label does not necessarily resolve the legal question. Determining liability requires investigating how the delivery operation actually worked rather than making assumptions based on the name printed on the vehicle.
California law considers specific factors when determining whether a worker is legally an employee or independent contractor. The applicable test can depend on the circumstances of a particular claim. An attorney may examine who controlled the driver’s work, who owned or operated the vehicle, how deliveries were assigned, the relationship between the businesses, and other evidence.
Parties That May Share Liability for a Delivery Truck Accident
A serious delivery truck accident may involve more than one liable party. Depending on the circumstances, responsible parties could include:
- The delivery driver
- The driver’s employer
- A delivery contractor or subcontractor
- A fleet owner or operator
- A company responsible for maintaining the vehicle
- Another negligent motorist
- Another business whose conduct contributed to the crash
Talk to an Experienced Santa Barbara Delivery Truck Accident Lawyer
A neighborhood delivery accident can raise surprisingly complex questions about who employed the driver, who controlled the delivery operation, who owned the vehicle, and which businesses may ultimately be responsible.
Renée Nordstrand-Black and Doug Black at NordstrandBlack PC are ready to guide you through the legal process. Our law firm has been rated 10.0 Superb by Avvo. We have extensive experience handling catastrophic injury cases.
To learn more, call (805) 962-2022 and schedule a free consultation today.
Frequently Asked Questions About Accidents Caused by Delivery Trucks
Who is liable if a delivery truck backs into me in Santa Barbara?
The delivery driver may be liable if they failed to check their surroundings or otherwise backed up unsafely. Depending on the driver’s employment relationship and the circumstances of the crash, the delivery company, contractor, fleet operator, or another business may also share responsibility.
What if the delivery driver is an independent contractor?
Independent contractor status can make delivery driver accident liability more complicated, but it does not automatically prevent an injured person from pursuing compensation from other businesses. Your attorney can investigate who controlled the driver’s work, who operated the vehicle, how deliveries were assigned, and the relationships among the companies involved.
What evidence can help prove a delivery truck accident claim?
Useful evidence may include vehicle and backup camera footage, GPS and route data, electronic delivery records, photographs, witness statements, nearby surveillance footage, police reports, driver training records, and employment or contractor documents.