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In Alexandria, and indeed the entire DC Metro area, delivery drivers are among the hardest working people on the road. And, like taxi drivers, they spend most of their time on the highway. Whether driving for Door Dash, Postmates, Ubereats, Pizza Hut, Dominos, etc, we rely on them to get our food where we want it: into our homes! Packages, too! However, sometimes these dedicated professionals get into accidents that are not their fault.

If you are a delivery driver - including Uber and Lyft drivers - who has been involved in an accident, it is very important to contact a lawyer right away.

What is a Delivery Driver?

Delivery driver is a term of art, and encompasses all "gig" jobs where you are dedicated to delivering products. A delivery driver would be considered someone who is driving his own car, as well as someone who is driving an Amazon truck, or a Chick-fil-A car.

There is no text-book definition - if you think you are a delivery driver, and involved in a car crash, then give us a call!

Are you sure about Amazon?

Absolutely! Amazon, however, has several different models, that can be a bit difficult to navigate:

  • Amazon - these are drivers who are employees of Amazon itself (the corporation). Specifically, proprietary employees, meaning your check comes from Amazon. They are driving an Amazon truck (literally, owned and operated by Amazon)

  • Amazon Flex - these drivers are driving their own cars, dropping off Amazon products. This is very similar to Postmates or Ubereats, but for packages.

  • Amazon contractors - these drivers are working for a third-party company, driving often unmarked vans or trucks, moving Amazon products - but they ARE NOT Amazon employees. They work for the company that is hired by Amazon.

If you as a delivery driver have been involved in an accident and been injured, it is very important to do several things, right away:

  1. Take pictures of 1) the accident scene, 2) of the other driver, 3) of your car, and 4) the other driver's car. Don't worry about how many, because more is almost always better, and in the digital age, there is no storage limit to worry about. Always make sure that you also get copies of 5) the other driver's insurance information and 6) the driver's license - and it's easier to just snap a picture of the cards themselves than try to write it down!

  2. Get the responding police officer's information. In most jurisdictions, such as Alexandria, the police will give you a police information exchange sheet, that has some pertinent info on it. This exchange sheet is half the size of a normal sheet of paper. The Fairfax County Police give out one that is a full-page. Always check to make sure that you have the officer's badge number, phone number, and report number. See below for the information sheet.

  3. If you are in pain, seek medical attention. If you are badly hurt, then go to an emergency room. If your pain is less severe, then find an Urgent Care clinic. If you are in any doubt, then go to the emergency room.

  4. Call the Alexandria Injury Attorney. DO NOT call any insurance companies right away until you have called a lawyer. Insurance companies will attempt to take statements and may want to determine fault immediately, and you should always have the benefit of an attorney before that happens.

  5. If you are required to report the accident to your employer, you should based on the rules of your company. This will depend in large part on who you work for, and what your employment status is, such as employee vs. independent contractor. There may be questions of insurance coverage - this is very important to figure out, and an experienced attorney will be essential.

My Company Wants Me To Fill Out Reports. Should I?

Generally, you should complete whatever documentation your employer requires you to. If you fail to fill out these forms, they could make the argument that you failed to "properly report" the injuries which, if you are an employee (not a contractor), can impair your ability to file a Worker's Compensation claim, later on.

If you have a question about that form, and what to say, call us right away: 703-879-5910. We can give you general guidance immediately, until you come in to the office to open up the file.

How Do I Know If I Can File for Worker's Comp. After The Accident?

The first question is: are you an employee? Let's look at the Amazon examples, above:

  • An Amazon employee (proprietary driver) is going to be able to file a Worker's Comp claim through Amazon.

  • An Amazon Flex driver is an independent contractor, just like an Uber driver and a Lyft driver. There is no worker's comp case here, because there is no employer, beyond the individual driver, working for himself.

  • An Amazon contractor-driver is going to have a Worker's Comp claim through his employing company, which is not Amazon, but rather the smaller company that appears on his paycheck.

We published an article about this, that goes in depth. It is important to review, because sometimes, you can have both.

Does This Process Only Apply to Car Accidents? What If I Was Driving A Truck?

We handle car accidents as well as truck accidents, as long as you - the person who was hurt - were not in any way negligent. All three states that we practice in, Virginia, Maryland, and DC, have rules on contributory negligence.

Small cars or big trucks, Blaszkow Legal has experience working all kinds accident cases.

If I file a Worker's Comp Claim, Do I Still Have a Car Accident Case?

YES! The two claims are similar, but very very distinct, and different. Worker's Compensation is a state-mandated program for most employers. Worker's Comp, in car accident cases, will assist you in getting the medical treatment that you need organized, and paid for.

The car accident itself is called a "Third-Party Liability" claim. This is what we focus our practice in. If you are involved in a car accident that is not your fault, then you have both a Worker's Comp claim AND a Third Party Liability claim.

If you were involved in a car accident that WAS your fault, you have a Worker's Comp claim, but NOT a Third-Party Liability claim. Negligence is a consideration in the third-party case; it is not a consideration for Worker's Comp.

You can have both cases, as we explain here.

When Should I Contact An Attorney?

Whether you were driving an Amazon truck, or your own car, delivering Dominos Pizza, it is very important to call an attorney as soon as possible after being involved in an accident caused by someone else's negligence. As time passes, evidence can be lost or overwritten, such as camera footage. Our firm can locate and protect this evidence very quickly, which, if favorable, will serve to enhance your case.

Additionally, in these uncertain times, Blaszkow Legal's new virtual intake capabilities allow us to meet with you as a client, in full confidentiality, without you ever having to come to the office. Paperwork can be completed digitally and through the mail.

Call the Alexandria Injury Attorney, Blaszkow Legal today, for a free consultation: 703-879-5910