Delivery Driver Accident Claims

Nowadays, many businesses offer delivery services, from online shops, supermarkets and restaurants to construction and tech companies. Delivery drivers are often under pressure due to time constraints and the significant amount of time they spend behind the wheel, putting them at an increased risk of road traffic accidents.

They also have to load and unload their cargo, which may lead to lifting and manual handling injuries. Employers must consider all the hazards that could pose a risk to delivery drivers and take measures to reduce or eliminate them. If they fail to do so, they may be liable for compensation.

If you have suffered an injury while working for a delivery company, you may have the right to make a delivery driver accident claim. To find out if your case has merit, call 0800 470 0474 or request a call back for a free assessment with an experienced legal adviser.

Find out if you can claim

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By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• Can I make a delivery driver accident claim?
• What evidence do I need to start a claim?
• What accidents could lead to a delivery driver injury claim?
• Common injuries for which you could claim compensation as a delivery driver
• Can I claim if I was involved in a road traffic accident with a delivery driver?
• Employer duty of care towards delivery drivers
• Could I lose my delivery driver job if I make an accident at work claim?
• Frequently asked questions
• What is the time limit to start a claim?
• How much compensation could I receive?
• Will I be offered a No Win No Fee claim service?

Can I make a delivery driver accident claim?

The easiest way to know if you have a valid delivery driver injury claim is by requesting a free consultation with a personal injury solicitor. They will ask you a few questions over the phone to verify whether:

• The accident was due to someone else’s fault
• That person or company owed you a duty of care which they breached
• As a result of the accident, you suffered injuries within the last three years

You do not have to worry about proving a duty of care, as this is something that your solicitor will do for you. Based on the specifics of your accident, they will refer to the Health and Safety at Work etc. Act 1974, the Road Traffic Act 1988, or other relevant legislation. If they can establish liability, your solicitor will help you gather everything you need to secure the compensation you deserve.

What evidence do I need to start a claim?

To make a successful claim for delivery driver accident compensation, you will need evidence to show what caused your injuries and how they have affected your life, which could include:

• Photographs or videos of the accident scene and any visible injuries
• A copy of the accident report you filed with your employer or the delivery company
• Statements from any witnesses to the accident to corroborate your version of the events
• The names and insurance details of any other drivers involved in a road traffic collision
• Medical documents that show what injuries you suffered and the treatments you received
• Records of vehicle inspections, repairs, and maintenance history
• Proof of any financial losses incurred due to the accident, such as medical bills, prescriptions or care costs
• Employment records that confirm your status as a delivery driver for the company involved
• CCTV or dash cam footage, if any cameras have captured the incident

Your solicitor will help you gather everything you need to make a strong claim for compensation. They will also contact the responsible party to inform them of your intentions to claim and will negotiate the best compensation possible on your behalf.

What accidents could lead to a delivery driver injury claim?

Anybody working as a delivery driver can be at risk of various accidents and injuries while performing their job duties. However, most delivery driver accident at work claims are due to one of the following:

• Road traffic accidents. Couriers and delivery drivers spend a significant amount of time on the road, making them vulnerable to road accident claims. These may include collisions with other vehicles, pedestrians, or obstacles. If the accident was due to another party’s negligence, it may lead to a compensation claim.
• Manual Handling. Delivery drivers often lift, carry, and move heavy packages or goods. Improper lifting techniques or lack of training can lead to musculoskeletal injuries like strains, sprains, or back injuries. If the employer did not provide proper training or equipment, they may be liable in a manual handling accident claim.

If you have suffered an injury in any other circumstances, you may still be eligible for delivery driver accident compensation. As long as another party was at least partially responsible for the accident, our partner solicitors could help you start a claim.

Common injuries for which you could claim compensation as a delivery driver

Delivery drivers are at risk of various accidents, from warehouse hazards and manual handling to collisions on the road. These could cause many types of injuries that could lead to a delivery driver accident claim, including:

• Whiplash. Whiplash is a soft tissue injury to the neck and upper spine. It occurs due to sudden, forceful backwards and forward movement, often seen in car accidents. It can lead to neck pain, stiffness, headaches, and sometimes more severe symptoms.
• Sprains and strains. These soft tissue injuries affect the muscles, ligaments or tendons. They result from overstretching or excessive force and can vary in severity, causing pain, swelling, and limited mobility.
• Lacerations. Deep cuts may affect the underlying tissues like muscles and tendons. They will likely need stitches and leave permanent scars.
• Fractures and dislocations. Fractures occur when there is a break in a bone, usually due to blunt force or a traumatic impact. A dislocation occurs when two connected bones are forced out of their normal position at a joint. Both injuries can be extremely painful and may cause long-term complications.
• Head injuries. Head injuries range from mild concussions to severe traumatic brain injuries (TBIs). They may be due to a vehicle crash or accidents in a warehouse. A head injury can have life-changing consequences and even be fatal.
• Back and spine injuries. Injuries to the back can range from muscle strains to herniated discs or spinal cord injuries. These injuries can lead to back pain, limited mobility, and, in the worst cases, paralysis.
• Repetitive strain injuries. These injuries occur due to repetitive motions and overuse during manual handling tasks. They may cause pain, weakness, and limited function in the affected area

This list is not exhaustive, and if your injury was not listed here, that does not mean you cannot make a work accident claim against your employer.

Can I claim if I was involved in a road traffic accident with a delivery driver?

If you were involved in a road traffic accident with a delivery driver, you might be able to claim for your pain, suffering and any financial losses. Several parties could be liable for compensation in this situation, including:

• Their employer, if they failed to hire a qualified driver, provide proper training for the job or carry out regular vehicle maintenance;
• The delivery driver, if they caused the accident by acting recklessly or negligently. If the driver was using their private vehicle for work, their insurance might cover your losses;
• A manufacturer, distributor, or auto repair shop, if the crash was due to a vehicle malfunction;
  If the accident was due to poor road conditions, such as a pothole or missing drain cover, the claim could be against the local council or highway authority responsible for that road.

As a general rule, you could claim even if you were partially at fault for your injuries, such as if you were not wearing your seatbelt. If your part of the blame was not greater than 50%, you could still receive a reduced compensation award reflecting your contributory negligence.

Your solicitor will be able to determine who is liable to pay you delivery driver accident compensation. They will help you gather evidence to support your claim and will negotiate with the defendant on your behalf.

Employer duty of care towards delivery drivers

If you work for a delivery company, your employer is legally bound to ensure your safety, health, and well-being while performing your job. According to the provisions set out in the Health and Safety at Work etc. Act 1974, they have the following duties:

• Complete thorough risk assessments to identify potential risks
• Make sure you receive adequate training to operate delivery equipment
• Keep vehicles in good working condition and properly maintained
• Provide adequate training, supervision and assistance with manual handling tasks
• Make sure you have adequate personal protective equipment (PPE), such as work boots, to protect you from falling items
• Give enough rest breaks and reasonable deadlines
• Assess the weather conditions before sending you to complete a delivery

If your employer has breached their legal obligations and you suffered an injury at work as a result, you are entitled to make a work accident claim against them.

Could I lose my delivery driver job if I make an accident at work claim?

The law entitles you to make a claim for compensation if you have suffered injuries due to your employer’s negligence. Examples of negligence include a failure to provide proper training and equipment for the job and to carry out risk assessments.

If your employer has failed in their duty to protect your health and safety and you make a claim, you cannot be sacked or disciplined. If this happens, unfair and constructive dismissal laws will allow you to seek justice in an employment tribunal.

Employers must have Employers’ Liability (EL) insurance against personal injuries to employees. If you make a successful claim, their insurance company will cover your compensation. You do not have to worry that your employer will be left out of pocket. Furthermore, your case could serve as an opportunity for them to improve their health and safety practices to avoid similar accidents in the future.

Frequently asked questions

Whether you had an accident as a delivery driver or have been in a crash with a delivery vehicle, you may want to claim compensation if another party was at fault. Below, we have answered some of the most common questions we receive about making a delivery driver injury claim. For more information, do not hesitate to contact a personal injury solicitor by calling free on 0800 470 0474 or arranging a call back.

What is the time limit to start a claim?

Under the Limitation Act 1980, you typically have three years to make a delivery driver accident claim, starting from either:

• The date of your accident
• The date your injuries were diagnosed (the date of knowledge)

If you miss this deadline, your case will be time-barred, and the court will no longer consider it valid. Some exceptions to this limitation date include:

• The three-year time limit only applies to claimants over 18 years old. If a child has suffered injuries, a parent or legal guardian could claim delivery driver accident compensation for them any time before their 18th birthday.
• There is no time limit for a litigation friend to claim on behalf of an injured person who does not have the mental capacity to do it themselves.
• If you lost a loved one in a delivery driver accident, you have three years to claim from the date of death.

How much compensation could I receive?

The compensation you could receive if your delivery driver accident claim is successful will depend upon your circumstances. The losses you could recover are grouped into two types of damages:

• General damages cover the physical injuries and how they have affected your life, such as pain, suffering, emotional distress, reduced quality of life and loss of amenities. Our compensation calculator provides examples of general damages based on the type of injury you have suffered.
• Special damages cover all the financial losses related to the accident, such as lost earnings during recovery, prescriptions, private treatment and travel expenses. These are awarded based on evidence like receipts and invoices.

Will I be offered a No Win No Fee claim service?

The solicitors we work with will offer you a 100% no win no fee claim* agreement if you have a valid delivery driver accident claim. Under this arrangement, there are no upfront fees and no hidden charges. Your solicitor will only receive a percentage of up to 25% of your compensation award if you win the case. If your claim is unsuccessful, you do not have to pay them a single penny.

Under this agreement, you do not have to pay any legal fees incurred during claiming either. The After the Event (ATE) insurance your solicitor will arrange for you will cover all the costs and disbursements incurred during claiming, including those of the defendant, so you will not be left out of pocket.

To find out if you can make a no win no fee delivery driver injury claim, call 0800 470 0474 today, and you will receive a free consultation with a legal adviser. If you would prefer an adviser to give you a call, you can arrange a call back using the contact form below.