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Food Order Delivery Accidents

Compensation After You’re Hit by a Food Order Delivery Driver

You are owed a duty of care by all other motorists on the road, whether they are driving a vehicle they own or one owned by their employer. When a food order delivery driver hits you while completing an order, you have the right to seek compensation through a car accident claim filed against their personally held auto insurance policy. However, you might also have a chance to seek additional or unpaid compensation from their employer, which could make things a bit more complicated.

Shevlin Smith in Fairfax can help you figure out the details of your food order delivery accident case. We have spent years representing the wrongfully injured, including those hurt in complex cases like those involving workers and employers. Let us sort through the details of your food order delivery accident claim while you focus on taking care of yourself.


See what we can do for your claim today. Call (703) 721-4233.


Liable Parties in a Food Order Delivery Accident

There could be two liable parties in a food order delivery accident:

  • Food delivery driver: The most obvious answer is often the correct one, which is why food delivery drivers can be found entirely or mostly liable for a food delivery accident. If that driver made a serious mistake behind the wheel, like speeding to complete an order on time, then they should be liable and the insurance policy they own should help pay for your damages.
  • Driver’s employer or company: If the food delivery driver who hit you was driving a company vehicle, then the company’s insurance policy might be used to provide your compensation. Insurance for company vehicles usually has clauses to cover accidents caused when licensed drivers who are not registered to the vehicle cause a crash. There might be some caveats to this coverage, though, such as you might have to exhaust the driver’s personally purchased auto insurance policy before then pursuing a subsequent claim against the company’s policy.

When the Food Delivery Driver is an Independent Contractor

Food order delivery drivers are often employees of the companies they are representing. For example, the average pizza delivery driver with a pizza company’s sign magnetically attached to the roof of their car is an employee who is covered by their employer’s insurance policy. The legal rule of respondeat superior can make the employer partially liable for damages caused by a food delivery driver even if they don’t drive a company-owned vehicle.

However, many food delivery drivers today are not employees of a specific company but are instead independent contractors. For example, drivers using “delivery gig apps” like Uber Eats, DoorDash, and Postmates are hired as independent contractors, not employees. “Foodshare” companies like those mentioned have fought tenaciously in courtrooms to ensure that their drivers are independent contractors. Why? Respondeat superior largely does not apply to independent contractors, so the parent company cannot be held liable for a crash caused by a food delivery driver who was delivering an order under that company’s name.

You Have Legal Options – Let’s Explore Them

Whether you were hit by a food order delivery driver who was an employee or an independent contractor, you have legal options to explore in pursuit of fair compensation. Our team of food delivery accident attorneys would be happy to help you figure out what to do next. We can evaluate evidence of liability, calculate your damages, and discuss possible next steps to take. Let us make this legal process as simple for you as possible.

You can get a free, no-hassle consultation with our attorneys. Schedule one now.

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