Injured by a Delivery Driver—Does the Company or the Driver Pay?

In today’s world of two-day shipping and doorstep meal deliveries, the number of delivery vehicles on Maine’s roads has increased dramatically. While this convenience benefits consumers, it has also created more risk for accidents involving delivery drivers. From Amazon vans and UPS trucks to DoorDash and Uber Eats drivers, these vehicles are everywhere—and sometimes, they cause serious crashes.

When an accident happens, one of the first and most important questions is: who is responsible for paying damages—the driver or the company they work for? The answer depends on the circumstances, and understanding liability can make all the difference for injury victims seeking compensation.

The Rise of Delivery-Related Accidents

As Maine residents increasingly rely on home delivery services, traffic patterns have shifted. Narrow city streets in Portland, Bangor, and Lewiston are often crowded with vans stopping suddenly or double-parking to drop off packages. Rural areas see more delivery vehicles as well, particularly during peak seasons like the holidays.

Delivery drivers are often under immense pressure to meet deadlines. Tight schedules, long hours, and constant phone notifications can lead to risky behaviors such as:

• Distracted driving while checking apps or navigation.
• Speeding to meet delivery windows.
• Illegal parking or sudden stops in unsafe locations.
• Fatigue from extended shifts.

Any one of these factors can contribute to collisions with pedestrians, bicyclists, or other drivers, resulting in injuries ranging from whiplash and broken bones to catastrophic spinal cord or brain injuries.

Determining Liability: Driver vs. Company

When a delivery driver causes an accident, liability is not always clear-cut. Maine law allows injury victims to pursue claims against the at-fault driver, but depending on the situation, the employer—or the company contracting the driver—may also be legally responsible.

1. Company Liability: “Respondeat Superior”

If the driver is an employee of a company like UPS, FedEx, or the U.S. Postal Service, the legal doctrine of respondeat superior often applies. This means that if the driver was acting within the scope of their employment—making deliveries, driving their assigned route—the company may be held responsible for damages.

2. Independent Contractors

Some companies, such as Amazon Flex, Uber Eats, DoorDash, and Instacart, classify their drivers as independent contractors, not employees. This distinction makes it harder to hold the company liable. In many cases, accident victims may need to pursue compensation directly from the driver and their personal insurance.

That said, many of these companies now carry commercial liability policies to cover accidents caused by their contractors while they are actively on delivery. For example:

• Amazon Flex provides a commercial auto policy for drivers making deliveries.
• DoorDash offers liability coverage while a driver is actively fulfilling an order.
• Uber Eats and Instacart have similar policies in place.

Insurance Coverage in Delivery Accidents

The type of insurance coverage available can vary significantly depending on the company and the circumstances of the crash:

• Company insurance: When a driver is logged into the delivery app and performing work, the company’s commercial insurance may apply.
• Personal auto insurance: If the driver was off-duty or not actively delivering, their personal insurance is usually responsible. However, many personal auto policies exclude coverage for commercial activity.
• Employer liability policies: For drivers employed directly by companies like FedEx or UPS, the employer’s liability insurance typically provides coverage.

This complexity makes it crucial for accident victims to consult with an attorney who can identify the proper insurance sources and ensure claims are filed against the right parties.

Challenges for Victims

Victims injured in delivery-related accidents often face unique hurdles:

• Multiple parties involved: Claims may need to be filed against both the driver and the company.
• Disputed employment status: Companies may try to avoid liability by arguing the driver was an independent contractor.
• Insurance disputes: Insurers may deny coverage, claiming the driver was not “on the clock” at the time of the crash.

These factors can delay settlements and make it more difficult for victims to recover the compensation they need for medical bills, lost income, and long-term rehabilitation.

Legal Options After a Delivery Driver Accident

If you are injured by a delivery driver in Maine, it is important to take immediate steps to protect your rights:

1. Call 911 and make sure a police report is filed.
2. Gather evidence, including photos of the scene, the vehicle, and the driver’s delivery app or employer information.
3. Seek medical attention right away, even for injuries that seem minor at first.
4. Contact an attorney experienced in personal injury and commercial vehicle cases.

An attorney can investigate the driver’s status, review insurance policies, and determine whether the driver, the company, or both should be held accountable.

Conclusion

As Maine’s reliance on delivery services continues to grow, so does the potential for accidents involving delivery drivers. For victims, understanding who is financially responsible—the driver or the company—can be complicated, especially when independent contractors and multiple insurance policies are involved.

At Peter Thompson & Associates, we are committed to protecting the rights of accident victims across Maine. If you or a loved one has been injured in a crash involving a delivery driver, our experienced legal team can help you navigate the complexities of liability and insurance to pursue the compensation you deserve.

For a free consultation, contact Peter Thompson & Associates today.