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Hit as a pizza courier, meal delivery driver or mail carrier

For some professions, you are always on the road. Think of being a pizza courier, self-employed for a meal delivery service or a mail carrier. You are therefore more likely to get into a traffic accident. If you are hit as a delivery driver, can your employer be held liable for your personal injury?

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Hit as a courier or delivery driver

We use delivery services a lot in the Netherlands. We order ready-to-eat meals, DIY meal boxes, groceries and parcels. And then we also get regular mail in the letterbox. Are you a courier or delivery driver by profession? If so, you are always on the road for work. As a result, you are more likely to have a one-sided accident or collision. So who can you hold liable if you suffer personal injury?

You cause a unilateral accident

As a meal delivery driver, parcel delivery driver or postman, you are more at risk of road accidents. After all, you are in traffic much more often. You drive on the road during working hours to deliver meals, packages or mail. The moment you do this, we speak of work-work traffic. After all, you deliver the goods on behalf of your employer. Then you have to go back to collect new orders.

Employers have a far-reaching duty of care and should behave like a good employer. Every employer must provide a healthy and safe working environment. Your employer just cannot influence traffic. To protect you anyway, the employer should take out adequate passenger (or passenger) damage insurance. This falls under good employment practice. So that your personal injury damages can be compensated after a road accident. Even if it is a unilateral traffic accident. Any road accident during work-work traffic is therefore classified as a work accident.

Did you cause a unilateral accident and suffer injuries as a result? For example, did you hit a pole as a bicycle delivery driver or fly out of the corner with your van? If so, you can hold your employer liable for your personal injury. Do not feel burdened to do so. Your employer is well insured for this in most cases. However, do get assistance from an experienced lawyer. We have extensive experience in this type of compensation claim. Our lawyers know that your job is important to you. We will make every effort not to disrupt the working relationship between you and your employer.

As a delivery driver, you may be injured when you crash into a bike post. Your employer must then compensate you for your injury.

Hit during working hours

Suppose you are employed by Thuisbezorgd as a pizza courier or meal delivery driver. During working hours, you are hit by a motorist on your bicycle. Then, as a bicycle delivery driver, you can have two parties held liable:

  1. The motorist in tort.
  2. Your employer on grounds of good employment practice.

Run over on an ordinary bicycle

In such a situation, section 185 Road Traffic Act 1994 applies. A cyclist is a weak road user, a motorist a strong road user. This means that:

  • The motorist is liable for the traffic accident, you will be compensated for your full damages
  • You are both liable for the traffic accident, you are compensated 50% to 100% of your damages
  • You are liable for the traffic accident, you will be compensated 50% to 100% of your damages. Unless you caused the accident intentionally.

This also applies to a bicycle with pedal assistance. However, the traffic accident is also a industrial accident if you were hit while working as a bicycle delivery driver. The percentage you are not compensated by the motorist must be compensated by your employer. An all-electric bicycle falls under the ‘motor vehicle’ category under WAM, the Motor Vehicle Liability Insurance Act. Read more about an accident while delivering meals, mail or parcels with a motor vehicle below.

Crashed on or in a motor vehicle

Have you been hit by a motor vehicle on your moped or in your van? If so, you can also have two parties held liable:

  1. The driver of the motor vehicle in tort.
  2. Your employer again on grounds of good employment practice.

Our lawyers can help you obtain compensation. You recover from your injuries in peace. While we file your compensation claim. Our humane approach ensures that you can return to work with peace of mind after your recovery period.

Self-employed delivery

There are an increasing number of companies for which you can deliver meals, mail or packages as a self-employed worker: Deliveroo, Uber Eats, Flink, Gorillas, Zapp, Getir, Dija, Weezy, Picnic, HelloFresh, Marley Spoon, Ekomenu, Jumbo, Albert Heijn, PostNL, DHL. You will be provided with a helmet, jacket, cooler bag and phone holder. Depending on the employer. You sometimes do use your own bike, scooter or car. You are self-employed, but you work for one of these delivery services. So what about liability if you get into a road accident?

The employment you enter into with a delivery service usually does not affect your right to compensation. Delivery services that hire self-employed workers must also have adequate indemnity insurance for their self-employed workers. This also applies to employees on zero-hours contracts or hired through an employment agency.

If you have been hit as a delivery driver, your employer must compensate your damages.

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Legal assistance for traffic accident during working hours

Always seek legal assistance when claiming your compensation. A road accident during working hours can cause you a lot of stress. Moreover, it can take its toll emotionally. You do not want to lose your job, but you do want your damages to be compensated. Avoid disrupting your working relationship by getting bogged down in difficult discussions with your employer. However, always have your employer held liable. You do not have to feel guilty about it. Not even in a one-sided accident. Because your employer is often well insured against such accidents.

Always choose an experienced personal injury firm. We have 20 years of in-house experience. Our lawyers know exactly how to handle this kind of personal injury case. So that you get the compensation you are entitled to and can then return to work in peace. In addition, always choose a personal injury lawyer or jurist who can assist you free of charge. We can submit our out-of-court costs to the insurer.

Contact us today. Leave your name and phone number on the contact form. Tell us your story. One of our lawyers will call you back the same working day.