The other two answers are comprehensive with regards to the driver and the pedestrian, but I wanted to address the third party involved in a potential legal action: the driver's employer. To determine whether the employer has "vicarious liability" for the actions of the driver, we must answer two questions.
First: is the driver actually an employee for whom the company is responsible, or is he an independent contractor? Three prongs determine this distinction:
- Behavior: does the employer determine the manner in which work is done, or does the worker?
- Finance: is the business responsible for maintenance, gas, and other expenses, or is the driver?
- Relationship: is the work essential to the business over the long term, or is it sporadic?
Second: was the driver acting in his capacity as an employee when the accident occurred?
- Were the driver's actions consistent with his job description?
- Was he following workplace guidelines and regulations?
- If no to either of the above, could the employer have reasonably foreseen the breach of protocol?
In this case, the driver is completing his regular routine doing deliveries, which means he is probably a long-term employee and is probably acting within the scope of his job. If he is determined to be at fault for the accident, his employer will most likely hold vicarious liability.