Do You Have a Legal Claim if a Food Delivery Driver Causes a Crash?

Food delivery has grown in popularity, and it is easy to see the benefits of these services. Yet having more delivery vehicles on the road also increases the risk of a crash. This is especially true given the stop-and-start nature of making deliveries.

What happens if a food delivery driver causes a crash and you get injured? Do you seek damages from the driver or does the food delivery company pay?

PKSD fights to protect injured victims. If you suffered harm because of another person’s negligence, we are ready to help. Our Milwaukee-area collision lawyers work hard to recover maximum compensation for every client.

Call today to discuss your situation and find out what legal options may be available to you.

Set up your FREE case review. Call 414-333-3333 now.

Who Could Be Liable for a Food Delivery Crash?

Assessing liability for a crash involving a food delivery driver is often not clear-cut. Many factors affect liability in this situation, such as:

• Employment status of the driver: Was the driver an independent contractor or an employee?
• Fault for the crash: Did the driver cause the crash or were other parties partially to blame?
• Vehicle ownership: Does the vehicle belong to the driver or the food service company?

These and other questions need to be answered to help determine liability. For instance, if the employer owned the delivery vehicle and the brakes failed while the driver was delivering an order. The vehicle owner could be liable in this situation if the failed brakes contributed to the crash. Vehicle owners must maintain their vehicles and keep them in safe working order.

Insurance and Food Delivery Drivers – Who Pays for the Damages?

After fault has been assessed, injured victims also need to research what insurance may cover their damages. There are, again, a lot of factors that impact who may pay for your damages. For instance:

• What insurance the driver carries: A claim may get denied if the driver only had a personal auto policy. Personal insurance companies rarely cover accidents during business activities.
• Whether the food delivery driver was on the clock: Insurance may only apply if the driver was on the clock at the time of the crash.
• Insurance coverage provided by the company: Some food delivery companies provide backup coverage when the driver is underinsured. However, not every company does this.

Another critical factor in your food delivery crash claim is the company the at-fault party drives for. Each company has its own approach to handling insurance.

Which Food Delivery Company Did You Use?

For instance, Grubhub does not provide any insurance for its drivers. This means injured victims must go after the driver or his or her auto insurance policy. Hopefully, that driver has a business-use insurance policy. If not, your best option, if you carry uninsured motorist coverage, is to file a claim against your insurance policy.

Uber Eats, however, includes up to $1 million in liability insurance for each incident. It is important to mention that this coverage is only in effect from when a driver accepts a request and delivers the food. In between deliveries, Uber Eats also provides $50,000 in coverage for each driver per incident.

Why Are Food Delivery Drivers More Likely to Cause a Crash?

There are many reasons food delivery drivers are more likely to cause a crash, including:

Lack of Driver Experience

Food delivery drivers are often young. This typically means less on-the-road experience, which could increase the risk of being in a crash.

Too Many Distractions

Food delivery drivers use special apps to direct them. Even when used hands-free, smartphone apps can be distracting, especially when drivers them for directions. If drivers are looking at their phone, then they are not looking at the road.

Frequently Driving in Unfamiliar Areas

Food delivery drivers may often find themselves driving in unfamiliar areas. Combining night deliveries while also using a smartphone app increases the risk of a crash. Drivers may get confused and accidentally go through a stop sign or turn into oncoming traffic on a one-way street. Food delivery drivers may also miss seeing a pedestrian, cyclist or even another vehicle while trying to complete deliveries.

Company Pressure to Make Speedy Deliveries

Food delivery drivers know they can get more tips if they deliver faster. Employers may also have bonus incentives to get their drivers to complete more deliveries in less time. The opportunity to make more money may tempt drivers to take more risks, such as speeding or running a red light.

Constant Stopping and Starting

Since drivers need to stop and deliver frequently, they may often park illegally knowing they will not be there long. However, it can be just long enough to cause a crash.

More Hours Behind the Wheel and On the Road

Food delivery drivers may not have long distances to travel. Yet, being on the road for a long amount of time, even if you are not going too far, can cause driver fatigue. Additionally, the odds are against drivers. The more miles they put in making deliveries, the more likely they are to be involved in a crash.

What To Do Immediately After a Food Delivery Driver Crash

Knowing what steps to take after being hit by a food delivery vehicle can protect both your health and your claim. Even if you feel fine, follow these actions right away:

At the Scene:

• Call 911 to report the crash and request medical assistance.

• Take photos of all vehicles, street signs, and visible injuries.

• Ask the delivery driver for contact information, employer details, and proof of insurance.

• Get statements and contact info from any witnesses.

After the Crash:

• Seek medical treatment as soon as possible. Some injuries may not appear right away.

• Notify your insurance company but avoid giving a recorded statement until you speak with an attorney.

• Keep copies of medical records, vehicle repair estimates, and any correspondence with insurance companies.

These steps will help your attorney gather the evidence needed to prove liability and calculate damages.

Common Injuries in Food Delivery Accidents

Collisions with food delivery drivers can cause severe injuries due to the unpredictable nature of stop-and-go traffic. Victims often suffer both physical and emotional harm that can last for years.

Frequent injuries include:

• Whiplash and neck strain from sudden impact

• Back injuries such as herniated discs or spinal cord trauma

• Fractures in the ribs, wrists, or legs

• Traumatic brain injuries (TBIs) caused by head impact

• Soft tissue damage and severe bruising

• Psychological injuries such as post-traumatic stress disorder (PTSD) or anxiety about driving again

Many victims require long-term rehabilitation, physical therapy, or even surgery. Compensation from a successful claim can help cover these costs and support ongoing recovery.

How an Attorney Can Help After a Delivery Driver Crash

Accidents involving delivery services like DoorDash, Uber Eats, or Grubhub can be more complicated than traditional car crashes. Each company has different insurance policies and may classify drivers as independent contractors to avoid liability.

A skilled attorney can:

• Investigate the relationship between the driver and company to determine whether corporate insurance applies.

• Identify all possible sources of compensation, including the driver’s policy, the company’s policy, and your own uninsured/underinsured coverage.

• Handle communications with multiple insurance adjusters to prevent lowball settlements.

• Gather evidence such as delivery app data, GPS logs, and witness statements to prove negligence.

• Calculate full damages, including medical expenses, property damage, lost wages, and pain and suffering.

Need a Lawyer After a Crash? Call Our Firm 24/7

Food delivery driver crashes are complicated, from trying to figure out who caused the crash to getting the compensation you need. Why try to pursue the legal process alone? Statistically, injured victims who seek legal help recover far more compensation than those who do not.

Let one of our qualified lawyers investigate what happened, gather evidence and build a claim on your behalf. There are no upfront costs if we represent you – so no risks to you. Call today to request your free case review and find out if you have legal options.

Proven Results. 414-333-3333