Hit by a Delivery Driver in Nashville? Here’s What to Do Next

A delivery driver accident in Nashville is all too common these days. Nashville is a major hub for logistics and a hot spot for the gig economy, leading to a high volume of delivery vehicles from Amazon, FedEx, and UPS, along with food delivery services like DoorDash and Uber Eats. Delivery vehicles are increasingly sharing our already-crowded streets, and accidents are going to happen.

If you have been injured in a crash with a delivery vehicle, it’s important to take certain steps immediately and to know your rights when it comes to compensation. Here, we’ll go over those steps with you and talk about who could be liable for your losses.

If you were injured in a delivery driver accident in Nashville, call Bernheim Kelley Injury Lawyers at 615-813-1111 to book your FREE, no-obligation case evaluation. We’ll Keep It Real with you, let you know your options, and help you fight for the Real Justice you deserve.

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What Should You Do After a Delivery Driver Accident in Nashville?

After an accident, it can be difficult to think clearly, let alone figure out what you “should” do next. So we’ve laid out the steps that could help protect your rights and well-being. If you can’t handle this all right now, that’s understandable. Do what you can, take care of yourself first, and your attorney can fill in the blanks while you heal.

1. Check Yourself for Injuries

Your physical safety is your number one priority. Move to a safe location away from traffic, especially if you are on a high-speed route like I-40 or I-24. 

Once you are in a safe spot, check yourself and any passengers for injuries, pain, and disorientation. Call 911 and report if anyone is injured.

2. Gather Evidence

If you can, document the scene with your phone. Take photos and video of the following:

• Vehicle damage & post-impact positions
• Road conditions, skid marks, obscured traffic signs, etc.
• Specific branding on the delivery vehicle to identify which company the driver is working for

Look for witnesses who saw the crash and ask for their contact information. Their account of the accident could be very important if the other driver wants to argue fault later.

If you notice anything concerning about the driver’s behavior before or after the crash, document it. That may include signs of distraction, fatigue, possible intoxication, or using a phone or device behind the wheel.

3. Get the Driver’s Information

Once you’ve done your best to document the scene, exchange your information with the delivery driver. Make sure to get their:

• Full name
• Phone number
• Driver’s license number
• Insurance information (personal & company policies)
• The name of the company they’re driving for
• License plate number
• USDOT number if it’s a commercial truck or semi

We get that this would be hard if you are severely injured. Again, do your best or ask an uninjured passenger to help gather info. But get the care you need first and foremost.

4. Report the Accident to the Police

If the crash was serious, a Nashville police officer or Tennessee Highway Patrol trooper will come to the scene to file an official accident report. This report is critical, unbiased evidence.

You’re also required to file an Owner/Driver Report with the Tennessee Department of Safety and Homeland Security within 20 days if the crash resulted in injury, death, or property damage over $1,500 (Tenn. Code § 55-12-104).

The other driver might try to convince you not to involve the police, but that could break the law and mess with your chances of recovering the compensation you need and deserve.

5. Contact an Attorney ASAP

A delivery driver accident claim is going to be more complicated than a typical car accident claim because of the extra liability and insurance issues involved with commercial vehicles and gig work. Consult a Nashville commercial vehicle attorney to make sure your rights are protected.

An experienced attorney can let you know what compensation you may be entitled to, handle insurance adjusters so you don’t have to, and generally offer support and advice. They’ll also send a spoliation letter, which is a formal notice telling the delivery company to preserve evidence, including:

• GPS logs
• Dashcam footage
• App activity

This evidence will be critical to your claim, but it could be deleted if you don’t act fast.

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Why Do Delivery Drivers Get Into Accidents?

While any driver on the road can get into an accident, there are some factors that make delivery drivers more likely to get into a crash. These include:

• Strict Time Constraints: Companies like Amazon and FedEx often hold drivers to very tight schedules, which can lead to speeding and reckless driving to get deliveries done quickly.
• Distracted Driving: Delivery drivers frequently rely on handheld devices or in-dash screens for GPS navigation and order updates, so they’re regularly taking their eyes off the road.
• Frequent Stopping: Drivers often make sudden stops or double-park in high-traffic areas to drop off packages, creating hazards for other motorists and pedestrians.
• Driver Fatigue: Long shifts and the physical demands of the job can lead to drowsy driving, which can significantly slow reaction times and impair judgment.

Drivers should be vetted and properly trained to avoid these mistakes, but unfortunately, carelessness by drivers and the companies they work for isn’t uncommon.

Who Is Liable After a Delivery Driver Accident in Nashville?

One of the tougher parts of a delivery truck accident claim is determining liability. There are several parties who could be held accountable, including:

• The Driver: If the driver was negligent (e.g., speeding or running a red light), they could be held personally responsible for the damages they caused.
• The Delivery Company: Employers like UPS are typically liable for the actions of their employees while they’re working.
• Third-Party Contractors: Many “Amazon” vans are actually operated by independent delivery service partners (DSPs), which means the contracting company could be the party primarily responsible rather than the employer.
• Vehicle Manufacturers or Maintenance Providers: If a mechanical failure (e.g., brake failure or tire blowout) caused the crash, the vehicle’s designer or even a maintenance company could be at fault.

Any delivery vehicle accident claim should start with a thorough investigation to figure out whose negligence caused the crash. This will affect how you seek compensation and what insurance coverage applies.

How Insurance Coverage Works

Two different types of insurance policies that can come into play in a delivery driver accident in Nashville:

• Personal policies
• Commercial liability policies

Whether or not the commercial liability policy applies typically comes down to whether the driver was currently working. For large carriers like FedEx and UPS, this is usually the case; for apps like DoorDash, Grubhub, or Uber Eats, however, coverage is going to depend on the driver’s “status.”

• If the app was off, then the driver’s personal insurance will apply.
• If the app was on and the driver was waiting for an order, some limited liability coverage may apply.
• If the driver was en route or handling an active delivery, then the company’s primary commercial policy will apply.

Figuring out which policy applies needs to be done sooner rather than later so we can get all the evidence we need and begin negotiations with the appropriate insurance company as soon as possible.

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Hit by a Driver for FedEx, UPS, Amazon Flex, DoorDash, Uber Eats, or Another Company?

Dealing with one of these companies often means facing high-powered legal teams whose job is to limit payouts and shift the blame back on you. Take the steps above and contact a lawyer to make sure everything is being done to get you the compensation you need.

At Bernheim Kelley Injury Lawyers, we understand how insurance coverage works for gig companies and major delivery businesses. We handle the investigation and deal with the insurance companies so you can focus on recovering.

Contact Bernheim Kelley Injury Lawyers Today

Nashville delivery vehicle accident cases can be complicated, but we’re not bothered by that. It’s not going to stop us from protecting your rights and fighting for Real Justice. At Bernheim Kelley Injury Lawyers, we Keep It Real with you. That means honest guidance, clear communication, and Real Support through every stage of the case.

Reach out today for a FREE, no-obligation consultation and find out how we can help.