If you've been injured while working as a delivery driver or courier, you may be entitled to make a delivery driver accident claim.
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Delivery Driver Accident Claims
If you were injured while working as a delivery driver or courier, you may be entitled to make a delivery driver accident claim. A successful claim will cover your pain, suffering and any financial losses and expenses incurred because of the accident.
Delivery drivers and couriers are crucial for transporting goods and connecting businesses with their customers. However, their jobs usually involve tight deadlines, challenging weather conditions and other workplace risks that could lead to accidents and injuries.
If you have suffered an injury as a result of someone else’s negligence, our team of specialist solicitors are here to help. They can assess your situation, explain your rights, and guide you through the claims process on a no win no fee basis.
For a free case assessment, call 0800 470 0472 today or use our online claim form to request a call back.
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Who is responsible for the safety of delivery drivers and couriers?
Some couriers and delivery drivers use their own vehicles and are classified as self-employed. In such cases, they are usually responsible for their own safety at work. However, they are still owed a legal duty of care by other road users, the local authorities and property owners, as are any other members of the public.
However, if the delivery driver is an employee, their employer owes them a legal duty of care under the Health and Safety at Work Act 1974 and other related legislation. They must take reasonable steps to keep you safe while doing your job, including:
- Carry out risk assessments to identify and mitigate hazards.
- Provide proper training and instructions.
- Supply adequate equipment, such as lifting aids and protective footwear when necessary.
- Maintain vehicles and equipment and ensure they are safe to use.
- Monitor working hours to prevent fatigue.
If an employer fails to meet these responsibilities and you are injured as a result, you may be entitled to make a delivery driver accident claim for compensation.
Am I eligible to make a delivery driver accident claim?
The easiest way to find out if you could claim delivery driver compensation is through a free consultation with an experienced legal adviser. Generally, you can proceed with a claim if the following can be proven:
- The defendant owed you a duty of care.
- They breached this duty and caused your workplace accident.
- You suffered an injury or injuries as a result.
- You are within the legal time limit for starting a claim (usually 3 years).
It is essential to remember that you may be able to make a claim even if you were partially at fault for the accident (but you will likely receive less compensation).
Who could be liable for my delivery driver accident at work?
Depending on the type and circumstances of your accident, various parties could be liable for compensation, including:
- Your employer: If the accident happened because they failed to comply with health and safety regulations.
- Another road user: If their careless or reckless driving caused your road traffic accident.
- A premises owner or occupier: If you have a slip, trip and fall or another accident due to a breach of the Occupier’s Liability Act 1957.
- The local council or highway authority: If the accident was due to a pothole or defective road signage.
- The Criminal Injuries Compensation Authority (CICA): If you were assaulted while doing your job.
- The Motor Insurer’s Bureau (MIB): If the driver who caused the accident fled the scene or was uninsured.
- A dog owner: If their dog attacked you without warning.
Your solicitor will be able to determine who is liable for your accident and help you claim compensation from them or their insurance provider.
How do I make a delivery driver injury claim?
To start your claim, contact a personal injury solicitor for a free consultation. If you can proceed, they will advise and support you through all the steps of the claims process. Your solicitor will:
- Help you gather supporting evidence.
- Arrange a free medical exam on your behalf to have your injuries properly assessed.
- Calculate the amount of compensation you are entitled to receive.
- Send a letter of claim to the defendant and handle all communications with them.
- Negotiate your settlement if liability is admitted.
- Issue court proceedings and prepare for a court trial if liability is denied (this happens in less than 97% of all cases).
What are the most common types of delivery driver accidents?
Couriers and delivery drivers can suffer various types of accidents in the course of their job, including:
- Road traffic accidents: Collisions with other cars, road users or stationary objects caused by distracted drivers, poor road conditions or defective vehicles.
- Slip, trip and fall accidents: This is a very common type of accident, often caused by wet or icy surfaces, uneven ground, obstacles in walkways and poor lighting.
- Falls from vehicles: Getting in or out of a van or lorry can result in falls, especially in wet weather or when wearing inadequate footwear.
- Manual handling injuries: This can be due to carrying heavy or awkward loads without proper training or equipment.
- Criminal assaults: Delivery drivers may also face verbal or physical abuse from customers, especially when working late at night or in unfamiliar areas.
- Dog bites: You could also be attacked by an unguarded or unrestrained dog while making a delivery.
These accidents can cause various types of injuries, from minor sprains and strains to severe fractures and brain damage. If these were caused at least in part by another party’s fault, you could claim personal injury compensation for your pain, suffering and financial losses.
What evidence do I need to support my claim?
A claim for a personal injury following a delivery driver accident must be supported with relevant evidence, such as:
- Photos or videos of the accident scene and any hazards that caused it.
- Photos of your injury and the damage to your belongings.
- CCTV or dashcam footage of the incident, if available.
- Details of other drivers and vehicles involved in a road traffic accident.
- A copy of an accident report filed with your employer.
- Medical records detailing the type and severity of your injuries, your treatments and prognosis.
- A medical report from a specialist regarding your future care needs, in case of a severe injury.
- Vehicle inspection reports, if the accident was caused by a vehicle defect.
- Statements from witnesses who saw the accident or were aware of unsafe work conditions.
- Proof of financial losses and expenses, such as payslips and receipts.
Could I lose my job if I claim compensation from my employer?
Your employer has a legal duty to protect your safety while you are doing your job. If their negligence caused your injury, you have a legal right to make an accident at work claim and pursue compensation, as provided by the Employment Rights Act 1996.
It would be unlawful for your employer to dismiss or treat you unfairly simply for exercising your right. If you make a lawful claim and they sack you or treat you unfairly afterwards, you could make a further claim at an employment tribunal for unfair or constructive dismissal.
How much compensation for a delivery driver accident could I claim?
There is no set amount of personal injury compensation awarded for a delivery driver or courier accident. The amount you could claim will be calculated for your specific losses, which are grouped into two types of damages:
- General damages cover pain, suffering and loss of amenity.
- Special damages cover financial losses and expenses.
Below are some examples of compensation awards for general damages, as per the Judicial College Guidelines, 18th Edition. Keep in mind that these figures are used as an estimate and your actual compensation will depend on your circumstances:
| Injury Type | Description | Compensation |
|---|---|---|
| Arm Injuries | A serious fracture of one or both forearms causing permanent functional or cosmetic disability | £52,000 - £79,000 |
| Brain Damage | Brain damage with good recovery and return to work and social life, but possible ongoing concentration or memory issues | £20,000 - £57,000 |
| Chest Injuries | Chest injuries causing a collapsed lung with full, uncomplicated recovery | £2,900 - £7,000 |
| Leg Injuries | A leg fracture or soft tissue injury causing some permanent issues, such as impaired mobility or a limp | £24,000 - £37,000 |
| Back Injuries | A severe back injury with spinal cord and nerve root damage, causing pain, disability and bladder, bowel and sexual impairment | £120,000 - £213,000 |
| Neck Injuries | A moderate neck injury causing spondylosis, serious movement limits, permanent or recurring pain and possible further surgery | £18,000 - £33,000 |
What is the time limit to claim for delivery driver accidents?
There is a general three-year time limit to start a personal injury claim, including those involving delivery driver accidents. However, the sooner you speak to a solicitor, the easier it is to investigate the incident and gather supporting evidence to build a strong case.
There are a few exceptions to this rule, such as for criminal injury claims or mental incapacity. You can read more about these here: What is the time limit to start a compensation claim?
How much will it cost to make a delivery driver claim?
If you are entitled to make a claim for a delivery driver accident, we will pair you with one of our specialist no win no fee solicitors. They will represent you under a conditional fee agreement (the technical term for no win no fee), which means that:
- There will be nothing to pay upfront.
- You don’t pay them at all if your claim is lost.
- If you win, a success fee will be deducted from your compensation to pay your solicitor. This fee is capped at 25% by law (on certain parts of your compensation) and agreed upon from the beginning.
If you have been injured while working as a delivery driver, call 0800 470 0472 today or request a call back. You will receive a free case assessment with no obligation to proceed.
