You could make a delivery driver accident claim against your employer or another party if injured during the course of your courier duties. As a delivery driver, you may use a vehicle provided by your employer or your own transportation. You may also enter premises controlled by your employer and other third parties. If you were injured in any of these or other locations, you may have grounds to make a personal injury claim against the liable party.

Key Takeaways

• Delivery drivers working in the gig economy are more likely to be injured in road collisions.
• Data published by National Highways shows that 29% of road fatalities involve those driving for work.
• Employers have a responsibility to ensure your safety whilst carrying out your duties.
• The Health and Safety Executive (HSE) publishes guidance on safe workplace transport. The HSE monitors Great Britain’s workplace safety.
• You could claim compensation whether you work for an employer or are self-employed.

At Legal Expert we have a dedicated team of advisors and solicitors. We are on hand 24 hours a day, 7 days a week to help you. Get in contact with our team about accident at work claims today by,

• Chatting live with an advisor.
• Talking to us online 0800 073 8804.
• Using our contact form.

Jump To A Section

• Can I Make A Courier Or Delivery Driver Accident Claim?
• What Compensation Could I Get For A Delivery Driver Accident?
• Examples Of Common Delivery Driver Accidents And Injuries
• How Is Liability In Courier And Delivery Driver Claims Determined?
• What Evidence Is Needed To Support A Delivery Driver Or Courier Claim?
• How Can Legal Expert Help Me Claim As A Delivery Driver?
• Delivery Driver Accident Claim Frequently Asked Questions
• More Information

Can I Make A Courier Or Delivery Driver Accident Claim?

You could make a courier or delivery driver accident claim if you can show that your case meets the eligibility criteria.

To claim compensation, you must show that:

1. Another party had a duty of care to you. This may be:
   • Your employer. They owe you a duty of care under legislation such as the Health and Safety at Work etc Act 1974 (HASAWA). This confers a duty of care on employers. They have to take reasonable steps to keep you safe whilst carrying out your duties.
   • Another road user. Road users have a duty of care towards one another. They should use the roads in a way which avoids causing harm to others and themselves. They must adhere to the Road Traffic Act 1988 and the Highway Code.
2. This duty of care has been broken. The duty of care may have been broken by your employer failing to provide the correct training, providing you with faulty equipment (such as a bike), failing to provide protective equipment or otherwise failing to provide a safe working environment. If you suffered your injury due to another driver, they may have breached their duty by using their mobile phone, or drink-driving.
3. The breach caused you to be injured. Various injuries could happen whilst driving, loading or unloading the vehicle.

When taken together, these 3 items form the basis of ‘negligence’. Negligence must have occurred in order to make a personal injury claim. Additionally, claims must have supporting evidence, be correctly filed, and be done so within the time limit.

Can I Claim If I Was Hit By A Delivery Driver Or Courier?

Yes, you could claim compensation if you were hit by a delivery driver or courier. As already highlighted, all road users have a duty of care towards one another. The courier or delivery driver has a duty to you whether you were a motorist, cyclist, pedestrian or were otherwise using the roads.

You can learn more about claiming compensation if hit by a delivery driver in our guide on road traffic accident claims.

How Long Will I Have To Make A Delivery Driver Accident Claim?

3 years is how long you generally have to start a delivery driver accident claim. This is called the time limit or limitation period and it is set by the Limitation Act 1980.

The time limit may differ where:

• The person harmed is under the age of 18 (a minor). Minors are legally unable to make independent claims. In these cases the time limit does not begin until they are 18.
• The person harmed does not have the mental capacity to claim independently. In these instances, the time limit is frozen. It may be implemented if the person’s capacity is regained.

However, in these cases, a litigation friend can be appointed to manage the claim on behalf of the injured party while the limitation period is paused. A litigation friend must be an adult and act in the best interests of the claimant. Part of the responsibilities of this role include communicating with the injured party’s solicitor.

If you are unsure whether you meet the eligibility criteria, want to check whether you are within the time limit or want to know more about claims against delivery drivers, please contact our team.

What Compensation Could I Get For A Delivery Driver Accident?

Severe injuries suffered in a delivery driver accident, such as very severe brain damage, could be awarded between £344,150 and £493,000. This is in line with compensation brackets published in the Judicial College Guidelines. This publication may often be used by parties calculating how much compensation you could be awarded for different injuries.

However, when calculating what compensation you could get for a delivery driver accident, a solicitor may look at two forms of damages.

• General damages compensate for a claimant’s pain and suffering. The JCG may be used when calculating them.
• Special damages compensate for financial losses related to the injuries sustained. We will discuss these further in the subsequent section.

To populate our table we have used compensation brackets from the JCG. This is with the exception of the first one which we use to illustrate what a total settlement may look like. This table is only provided to act as a guide and does not represent the unique circumstances of your claim.

What Factors Will Impact The Final Delivery Driver Compensation Amount?

A variety of factors may impact the final delivery driver compensation amount you are awarded. As already outlined, compensation settlements may be made up of two parts, general and special damages.

Factors which may be taken into account could include financial losses, such as:

• Any income and earnings which you have lost due to your injuries and accident. In some instances, this may form the bulk of a settlement
• Medical expenses including the cost of surgery, medical treatment or medication.
• The cost of rehabilitation, physiotherapy and other therapeutic services.
• The cost of counselling and mental health services.
• Modifications to your home or vehicles enabling you to better cope with disabilities.
• Travelling to medical appointments.

For any of these factors to be taken into consideration, you must present evidence of the loss and its connection to the accident. For example, you may be asked for payslips, invoices and receipts.

Delivery Driver Whiplash Compensation

Delivery driver whiplash compensation claims may follow a different process to other road accident claims. Where the claim involves the following, the claim made may valued using a fixed tariff:

• Whiplash, sprains and other soft tissue injuries valued at £5,000 or less,
• A victim who was 18 or older and was the passenger or driver in a vehicle.
• A road traffic accident that occurred in England or Wales.

The fixed tariff is set by the Whiplash Regulations 2021.

We must also note that where the claimant suffered additional injuries which the fixed tariff does not cover, they may be valued using the traditional method (such as via the JCG). If the claimant suffered further injuries bringing the total value of a claim over £5,000, it will be made the traditional way, but will still apply the fixed tariff for any relevant injuries.

Examples of the fixed tariff applied to whiplash claims:

An advisor from our team could review your case and connect you to a solicitor. They could then assess the value of your delivery driver accident claim. Contact us to begin the personal injury claims process.

Examples Of Common Delivery Driver Accidents And Injuries

Road traffic accidents, slips, trips and falls and lifting injuries are all examples of potential delivery driver accidents and injuries. Couriers and delivery drivers could face a variety of different risks in the workplace, which may lead to them being injured.

These could include:

• Manual handling accidents – delivery drivers should be properly trained in how to safely lift items whilst loading/ unloading a wagon. If they are not properly trained, not provided with lifting equipment or asked to lift loads which are too heavy, they could be injured. For example, an untrained driver attempts to lift a heavy load to place it in the wagon. They use an improper lifting technique and suffer a back injury. Had they been adequately trained, this injury would not have occurred.
• Warehouse accidents – warehouses and such spaces can have many hazards, such as improperly stored items. Items improperly stored at height could fall from the racking and strike the driver, causing a head injury.
• Collisions – delivery vehicles may be involved in road accidents caused by other drivers. For example, a delivery driver using a moped may be struck by a car exiting a roundabout. The car driver failed to check their mirrors or signal before moving to exit the roundabout, striking the delivery driver and knocking them off their bike. This could cause a back, neck and head injury among others.
• Slips, trips and falls – whether in a workplace or public place, slips and falls can happen where the flooring has not been properly maintained or is cluttered. A delivery driver could trip over boxes stacked in a walkway and suffer a twisted ankle.

These are some examples of when personal injury compensation claims may be made. Please contact our team to learn more.

How Is Liability In Courier And Delivery Driver Claims Determined?

Liability for courier and delivery driver claims is determined by identifying the party who owed the delivery driver a duty of care at the time of the accident and who breached it.

As previously highlighted, employers are responsible for the safety of delivery drivers and couriers during their shifts. They must adhere to all relevant workplace safety legislation. This extends to their safety whilst on and off their premises/ place of work.

Employers are responsible for:

1. Ensuring that delivery drivers are properly trained in the operation of vehicles,
2. Ensuring staff are trained in correct lifting techniques.
3. Providing lifting and personal protective equipment (PPE) as required.

Third parties may also owe a duty of care to delivery drivers.

When a driver is making a delivery to a third party, this party may owe them a duty of care. The occupier of a building or property has a duty of care under the Occupiers Liability Act 1957 to ensure the reasonable safety of those on their premises.

Whilst on the road, couriers and delivery drivers are owed the same duty of care as other road users owe towards one another. In addition, where road traffic accidents are caused by potholes or other defects, the local authority or National Highways may be responsible for any resulting accidents and injuries.

It is important to identify the party liable for the accident. Please contact our team if you are unsure who was responsible for your accident. An advisor could help you identify who you could make a claim against.

What Evidence Is Needed To Support A Delivery Driver Or Courier Claim?

Evidence such as copies of medical records and video of accidents taking place may support a delivery driver or courier claim. Further examples of evidence which could support your delivery driver accident claim includes:

• Medical reports – your medical records support your claim by showing the injuries you sustained and how severe they are.
• Police reports – if you were involved in a road traffic accident which was reported to the police you may obtain records of this report.
• Workplace accident logs – your employer should have an accident report book which records details of the accident and how you were harmed.
• Photographs – photos of the scene of the accident, the cause and/or of your injuries may all support your claim.
• Video – video taken by workplace or public CCTV cameras or dashcams could have recorded the accident taking place.
• Other driver’s insurance details – if you’re injuries occurred in a road traffic accident, you will require the other driver’s information, including their insurance details and contact details.
• Financial records – these can help to prove any financial losses connected to your accident and injuries.

You can also submit other forms of evidence which you think may support your personal injury claim. Please contact an advisor for further information on what evidence may support your delivery driver accident claim.

How Can Legal Expert Help Me Claim As A Delivery Driver?

If you are a delivery driver who has been injured in an accident which was not your fault, Legal Expert could help you to prepare and file your claim.

When you contact us, an advisor can provide you with a free, no-obligation assessment of your case. If they believe that a solicitor could help you to seek personal injury compensation, they could connect you to one of them with specialist expertise in claiming for delivery driver accidents.

The benefits of working with one of our solicitors include:

• Help putting your case together, including help obtaining evidence.
• A clear explanation of how the claims process works as well as terminology used.
• Ensuring that your case is filed within the appropriate time limit.

They could also professionally represent you in your claim and negotiate with the other party. A solicitor could also be on hand to answer your questions and keep you up to date with your claims progress.

Our solicitors are often able to offer claimants a Conditional Fee Agreement (CFA). This is a form of No Win No Fee agreement, which allows you to access their services without needing to pay for their work in advance. A CFA also means you will not be charged for the solicitor’s work if you do not win your claim.

If you are offered a CFA, you will need to pay a success fee on completion of successful claims. This percentage is only payable if you win, is legally capped and the details of it will be clearly explained to you and set out in your agreement.

Contact Us

Contact our team today to learn more about how we could help with your delivery driver accident claim.

• Phone our team on – 0800 073 8804.
• Click here to contact us.
• Use our online chat below.

Delivery Driver Accident Claim Frequently Asked Questions

Below we answer some frequently asked questions about claiming compensation for delivery driver accidents.

Can A Self Employed Delivery Driver Claim?

Yes, a self employed delivery driver could still claim compensation for their injuries. If the accident occurred on a third party’s property or on the road, a claim may be made against this party. If an employer otherwise owed you a duty of care, you could be eligible to claim compensation while carrying out freelance work. You can read more about this in our guide to self employed accident at work claims.

What If I Was Partially Responsible For My Delivery Driver Accident?

Even if you were partially responsible for your delivery driver accident, you could still claim compensation. Any claims made where you are partially responsible may see your compensation settlement reduced. For example, if you were equally responsible for a road traffic accident, any compensation you are awarded may be reduced by 50%. This may also be the case where you bear partial responsibility for your injuries.

Can I Claim If I Was On A Bike, Motorcycle Or Scooter?

Yes. You could make a claim if you were on a scooter, bike or motorcycle. All road users owe and are owed the same duty of care. If another road user caused your accident whilst you were riding on any of these types of vehicles, you could make a claim.

Can My Employer Sack Me If I Make A Delivery Driver Accident Claim?

No. Your employer can not sack or dismiss you from your employment for making an accident claim. You are legally entitled to make a claim and doing so is not considered grounds for an employer to be able to dismiss you. If they do attempt to either dismiss you or to create conditions where you are forced to resign (constructive dismissal), you could be eligible to make a further claim against them.

Will I Have To Go To Court?

It is unlikely that you will need to go to court. The bulk of personal injury claims are settled between parties and do not need to go to court. However, a small percentage of cases may need to go to court. This may occur when parties are unable to agree a settlement or where the defendant does not admit they are liable for the accident or your injuries.

If your case does need to go to court our team can help by preparing your case and offering legal representation through the court case.

How Long Will It Take Until My Claim Is Settled?

How long it may take for your claim to be settled may depend on the complexity of your claim. In general, simpler claims may be settled faster. Those where liability is disputed, parties are unable to agree a settlement or those involving complex injuries could take longer to settle.

More Information

Get more information related to claims for courier and delivery driver accidents in these resources.

• Here you can find out more about how to claim for lifting injuries at work.
• If you were injured due to inadequate training at work, check your eligibility to claim here.
• This guide explains how the accident at work claim time limits may apply to your case.

References

• Read information on workplace transport in this resource from the HSE.
• Learn about Statutory Sick Pay and your entitlement to it in this government resource.
• Get an overview of first aid in this NHS resource.

We hope you now know more about whether you could make a delivery driver accident claim. Please get in touch with our team for further help and advice.