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What Factors May Determine Liability for a Car Accident Involving a Food Delivery Driver?

Posted On behalf of Pfeifer Morgan & Stesiak

on September 9, 2022


food delivery driverThe food delivery service industry has expanded well beyond pizza and Chinese takeout. Since 2017, this global market has more than tripled. In the U.S. alone, the market doubled in size during the pandemic. Even as states eased COVID-19 restrictions and restaurants were allowed to open again, companies like Door Dash and Uber Eats saw massive growth.

With more food delivery drivers on the road, often distracted by a phone, the chances of a car accident are significantly increased. If you were injured in an accident involving a food delivery driver, you may be eligible for compensation.

Call our South Bend-area auto accident attorneys today to discuss your legal options. The consultation is completely free. There is no obligation to hire our services. If you choose to work with our experienced attorneys, we do not charge you anything up front or while we work on your case.

Below, we discuss what factors into liability for an accident involving a food delivery driver.

Which Driver Caused the Collision?

The main factor when determining liability for any crash is which individual’s negligent actions resulted in the collision. Therefore, it is first important to investigate the events leading up to the crash and identify the at-fault driver.

If the food delivery driver was negligent in some way and that negligence caused the collision, liability will most likely fall on him or her. However, if the delivery driver’s vehicle is the one that gets hit, liability could fall to the driver of the other vehicle.

Sometimes, more than one party may be at fault for a collision. For example, if two drivers simultaneously merged into the same lane. A multi-vehicle accident may also have more than one liable party.

If you were the delivery driver and injured by another driver’s negligence, you may be able to pursue compensation from that person’s liability insurance. However, if you were injured by a food delivery driver’s negligence, recovering compensation may be more complex. There are many factors to consider when determining liability in this situation.

Is the Food Delivery Driver Employed by a Restaurant?

Despite the expansion of food delivery companies like Uber Eats and Door Dash, some restaurants still employ their own delivery drivers.

For example, many pizza restaurants still choose to employ full and part-time drivers. Under those circumstances, the restaurant could be responsible for your damages under the theory of vicarious liability. When this theory applies, an employer may be held financially responsible for the actions of their employees.

Usually, restaurants that employ their own delivery drivers carry liability insurance, so you may be able to file a claim with the company’s insurance policy.

However, if the delivery driver works for Door Dash, Uber Eats, Grub Hub or some other third-party food delivery service, you may need to file a claim with that driver’s insurance.

Was the Driver Delivering Food or Picking Up an Order?

Some food delivery service apps offer insurance coverage to drivers, even though they are contractors and not employees. However, the company’s insurance may only kick in under certain circumstances.

For example, Door Dash offers a $1 million insurance policy to cover accidents caused by a driver who was in the process of delivering food. However, the policy does not apply if the crash occurred while that driver was on the way to pick up the order.

Different food delivery apps have their own set of rules when it comes to their liability insurance policy. It may be in your best interest to let your attorney review the terms and conditions of the company involved in the collision to determine your legal options.

Was the Driver on the Clock at the Time of the Crash?

If the food delivery driver who crashed into you works for a restaurant, it is important to determine whether the collision occurred while the driver was on the clock. Similar to the Door Dash insurance policy, the insurance from the restaurant may not apply if the driver was not on the clock.

This is something we recommend that you discuss with a licensed attorney. He or she can better determine your legal options after learning more about your specific situation.

Injured by a Negligent Driver? Call Us Today

If a negligent food delivery driver injured you, then you may have a valid claim for compensation. If you are the delivery driver and you were injured by someone else, you also may be eligible for compensation.

Depending on the facts of your claim, you may have one or more legal options available to you. Call our experienced attorneys today to set up a free consultation.

There are no upfront costs. Call (844) 678-1800.

Pfeifer, Morgan & Stesiak

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