If you or a loved one sustained injuries from a delivery driver’s or company’s negligence in Cincinnati, you may be able to file an insurance claim or lawsuit against the liable driver, the company, or a combination of the two, depending on the circumstances.
To schedule a free consultation with a reputable injury lawyer in Cincinnati, call Young, Reverman & Bolotin at 513-400-0000.
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Who’s Liable When a Delivery Driver Causes an Accident in Cincinnati?
According to data from the National Highway Traffic Safety Administration (NHTSA), Ohio saw 1,275 fatal accidents in 2022. Many accidents today involve delivery drivers, especially as more delivery services and their respective customers appear and the demand for these drivers increases. When these accidents occur, who is responsible for paying the resulting damages? The answer will depend on the nature of the accident.
Ohio’s At-Fault Laws
Some states are no-fault states, where regardless of who was responsible for an accident, all parties involved need to seek compensation through a claim with their own insurance companies. However, Ohio is an at-fault or “tort” state, where accident victims file claims against the liable party’s insurance company.
More specifically, Ohio operates on comparative negligence laws, dictating that different parties may share liability in an accident. For instance, one driver might be 40% liable, while another is 60% liable.
So, how are car accident settlements calculated based on this model? Generally, under these laws, victims may be able to recover an amount of compensation as long as they are 50% or less at fault for the accident, with the settlement decreasing with each percentage point of liability you share.
The kind of compensation you recover could include a mix of economic, non-economic, and punitive damages. Economic damages refer to financial losses like medical bills and lost income, while non-economic damages, cover pain and suffering and other personal losses. Punitive damages exist only to punish wrongdoers for egregious behavior.
Understanding Employer Responsibility in Ohio Delivery Vehicle Crashes
In most accidents, a driver’s negligence is the root cause. Drivers could engage in different types of negligent behaviors, from speeding and distracted driving to reckless and impaired driving. Delivery drivers are no exception, with many practicing negligent driving, especially when in a hurry or under pressure from the companies behind them.
However, delivery drivers may not be responsible in some cases, or at least only share liability. Sometimes, their companies could be liable through either vicarious liability or negligent hiring practices. For example, a company could fail to conduct a thorough background check of the driver before hiring, missing a record of negligent driving and other behavior. Drivers may also be without a valid license or other requirements to work for a delivery service.
Another factor to consider is whether the driver actually works for the company for which they’re driving. For example, many accidents may involve large corporations like Amazon, which tend to go through third-party delivery companies to reduce liability. In these incidents, Amazon may be liable for an accident.
Depending on who is responsible, you could file a claim with one of three main entities: The driver’s personal insurance policy if he or she wasn’t on duty at the time of the accident, the third-party company’s insurance, or the commercial policy of a liable entity.
How to Prove Fault if You’re Injured by a Delivery Driver
If you or a loved one sustained injuries in a delivery driver accident in Ohio, you will need to prove who was liable with evidence.
Common pieces of evidence in these cases include:
- Medical records
- Police reports
- Proof of lost income and lost earning capacity
- Photos and video footage of injuries and the accident scene
- Property damage
To help collect and organize this evidence in a strong case, it’s best to work with an experienced car accident lawyer, especially if you’re negotiating a claim involving significant damages and compensation. The right attorney could help in numerous ways, including determining how to get your Cincinnati car accident report and other critical documentation, negotiating your claim, and identifying all liable parties.
First, an attorney could meet with you in a free consultation to discuss your case and the legal options available to you. During this consultation, the attorney could also answer questions such as, “How will you approach my case?” and “What happens if you lose a car accident settlement?”
To learn whether you have a case with Young, Reverman & Bolotin, contact us today to schedule a free consultation.
