How Does a Company’s Pay Structure Contribute to Accidents?

There are many companies that rely on delivery drivers to transport their goods to customers, including UPS, FedEx, Amazon, and others. The drivers of these company vehicles can act negligently by speeding, failing to yield, and otherwise violating traffic laws. However, while it is easy to assume that delivery drivers are always to blame for accidents, this is not always the case. At times, the companies that employ them may structure drivers’ pay in a way that encourages them to act negligently. Below, our San Antonio delivery van accident attorney explains in greater detail.

How Do Pay Structures Impact Delivery Van Accidents?

Delivery van drivers are often paid by the delivery or the mile. In some instances, companies also offer bonuses for volume and speed. These pay structures are meant to ensure that a delivery driver will make as many deliveries as possible in a day, which can have serious implications. For example, if a driver wants to meet a certain quota they may not take legally required rest breaks, they may speed even when it is very dangerous to do so, or they may run red lights.

Delivery companies often know that prioritizing productivity over safety has very serious implications for their drivers and other motorists on the road. However, they choose to ignore the potential harm in an effort to increase their profit. There are many ways drivers may act negligently in an attempt to meet incentives. The most common of these include:

• Failing to take rest breaks and driving while fatigued to increase potential earnings
• Speeding to meet unrealistic quotas
• Ignoring load inspections or maintenance checks to save time and get back on the road more quickly
• Rushing to meet or record deliveries and so, driving while distracted

Can You Hold Delivery Companies Liable for Unsafe Pay Structures?

Although delivery drivers can be held liable for acting negligently and causing a crash, so too can delivery companies. This is particularly true when a company’s pay structure encourages unsafe driving practices. When employers put the public’s safety at risk, state law in Texas allows you to hold them accountable.

Under the Texas Civil Practice and Remedies Code § 41.003, you can pursue punitive damages when a delivery company exhibits gross negligence. Intentionally encouraging drivers to skip rest breaks, speed, or ignore other safety measures shows a complete disregard for the safety of others on the road. As such, punitive damages may apply.

Punitive damages are not meant to compensate you for your losses but instead, punish the negligent party and deter other companies from engaging in the dangerous behavior. These damages are not always awarded but when a company encourages dangerous habits, they are possible to obtain.

Our Delivery Van Accident Attorney in San Antonio Can Help You Obtain Maximum Compensation for Your Injuries and Damages 

At the Law Office of Israel Garcia, our San Antonio delivery van accident attorney can review the facts of your case and accurately value your claim so you obtain a fair settlement for your injuries. Call us today at 210-LAW-9999 or fill out our online form to request a consultation and to get more information.

Source:

statutes.capitol.texas.gov/docs/cp/htm/cp.41.htm