Some of the most essential jobs in the U.S. economy can also be some of the most dangerous and underpaid — and delivery drivers are often on the frontlines with little support.
Advisor Smith, a small business online resource, ranked 25 of the most dangerous jobs in the U.S., placing delivery drivers at number eight with 28 fatal injuries per 100 workers, along with an average annual salary of $34,340. While this occupation is vital to the flow of goods and services across the country, employers and drivers may not be doing enough to prioritize their safety, leading to unnecessary loss and legal nightmares.
"It certainly doesn't surprise me that there are a lot of incidents involving delivery drivers," says Aaron Davis, personal injury attorney and partner at Davis Goldman, a law firm based in South Florida. "You're going to places that haven't been vetted, and people are often more focused on meeting deadlines rather than their own personal safety."
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However, Davis doesn't blame drivers for this. Given their tight schedule and high demand, especially around the holidays, delivery drivers are often forced to place their own safety and well-being far below business imperatives. Notably, employers legally owe their drivers a duty of "reasonable care", which means companies must notify and provide safe accommodations for workers exposed to dangerous work environments. For drivers whose workplaces are streets, freeways and every address they deliver to, this duty becomes more complicated.
Ideally, employers should better communicate the risks of the job, provide proper equipment and incorporate routine trainings that teach drivers what to do if faced with car accidents or a seemingly unsafe place of delivery, explains Davis. Employers should be ready and willing to remove drivers from dangerous situations, even if that means getting behind schedule.
"You see anything from a dog bite to a wrongful death," says Davis. "There are incidents involving shootings in high-crime neighborhoods or even crime that takes place inside the home. Employers owe a duty of reasonable care to protect them."
Unfortunately, if employers breach this duty, there is often limited legal recourse. Any employer with more than four employees is required to have insurance that covers any job-related injuries. As a result of providing that insurance, employers become virtually immune to lawsuits — regardless of whether the insurance covers the medical bills.
"A lot of employers don't fulfill their duty because they hide around that immunity," says Davis. "If employers breach their duty, there isn't necessarily recourse."
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Unless the employee can prove gross negligence on the part of the employer, their case is likely to go nowhere. And as Davis underlines, the standard for this exception is immensely difficult to prove. If a delivery driver is looking for legal recourse, they would have better luck going after a third party like another driver, a car maintenance company or a homeowner. But even then, homeowner's insurance usually covers inactive negligence associated with injuries on someone's property, such as a dog bite or if someone trips.
"If I had to put a percentage on it, potentially half the claims against a third party can be pursued," says Davis.
He often sees this scenario play out with Amazon drivers. While he can't share the cases due to client confidentiality, Davis has noticed a higher frequency of claims against third parties from Amazon drivers based on the volume of delivery the U.S. is seeing. The holidays can be an especially dangerous season, with more travelers on the road and increased instances of drunk driving.
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"That isn't to say Amazon isn't trying to protect their employees, but I see a lot of opportunity for injuries and some of them are catastrophic," says Davis. "If an employee making a delivery gets hit by a drunk driver, they can't go against their employer. They have to go after the drunk driver. Then the question becomes how much insurance can that person possibly have?"
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Still, Davis advises drivers to get a copy of their worker's compensation policy, know what medical bills would be covered in the event of an injury and what rights they have to make a claim against their employer. Above all, he asks drivers to be aware of their surroundings and put their safety first.
"Don't take unnecessary risks, and if you're concerned about the risks associated with the job, notify your employer," says Davis. "Because if your employer is going to take the position that you can't sue them, then they need to understand that they can't put you in a perilous position."
