With the rise of on-demand delivery services like DoorDash, Postmates, Amazon, and many others, the number of delivery drivers on the roads has significantly increased. Unfortunately, this also means a sharp uptick in accidents involving these drivers. If you are a delivery driver in an accident or if a delivery driver hits you, it is essential to speak to the delivery driver accident lawyers at Frenkel & Frenkel.
What Constitutes Negligence?
In all delivery driver accidents and other personal injury cases, the outcome of a claim or lawsuit requires proving the driver operated the vehicle in an unsafe, reckless, or negligent manner, causing a collision. There are four key elements to prove negligence in a delivery truck accident:
- Duty of care: A party can be considered negligent if they owe the injured party a clear “duty of care,” which involves a responsibility to prevent harm from coming to another person.
- Breach of duty of care: When harm befalls a person who is owed a duty of care by another party, this second party has breached their duty of care. This can result from either direct action or the failure to take direct action.
- Injury: Negligence is often considered when injury is caused to the victim.
- Causation: It must be proven that the underlying cause of the injury was directly related to the breach of duty of care.