Who is responsible if I am injured by a food delivery driver?

It wasn’t all that long ago that all food deliveries consisted of pizza. Now thanks to services like DoorDash, Uber Eats and Grubhub, you can have any meal delivered to your home or work. The popularity of food delivery means more drivers on the road, but what happens when you and a driver are involved in a car accident?  

What should I do after an accident with a delivery driver?

The day starts out normal for you. You are on your way to work or maybe just out running errands. In the blink of an eye, you are hit by another car. It turned out to be a delivery driver who was on the clock. After any motor vehicle accident, try to remain calm. If anyone needs medical attention, call 911. Then contact the police so you can file an accident report.

It can be difficult to remember details after an accident. Take photos of the accident scene if it is safe to do so. If there were any witnesses, write down their names and contact information. And do not hesitate to see a doctor right away, no matter how minor your injuries may seem at the moment.  

Who is liable for my injuries?

Your car is totaled, and you are injured. Who is liable? Is it the driver? Or the company they work for? These are not always easy or straightforward questions to answer. There are several factors to be considered. A lot may depend on whether the driver is an employee or an independent contractor. 

Employee versus independent contractor

Some restaurants still hire their own delivery drivers, and these drivers are employees of the restaurant. They may use their own vehicle or one that the restaurant owns. Other restaurants use third-party delivery companies. The drivers may be independent contractors or “gig workers” who drive their own cars. This type of arrangement does not necessarily mean the delivery service company or the restaurant is not at fault in the event of an accident.

Lawsuits involving delivery drivers can be complicated. Seek the advice of a legal professional. You may be entitled to compensation for your losses.

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