Liability after an accident involving a delivery driver is more complicated than you might think. Depending on the circumstances, the delivery driver may be responsible, or their employer, or a third-party company, or some combination of the three. In some situations, there may be other possible responsible parties as well.
Here are the most common possible sources of compensation after a car accident caused by a delivery driver.
Delivery Driver Liability
If the delivery driver was negligent and their negligence caused the accident, they will typically be personally liable for any damages. That’s true in addition to any of the possible other responsible parties discussed below. However, the driver isn’t always the best source of compensation, especially if you were seriously injured. That’s because:
- Individuals typically have lower levels of auto liability insurance coverage, meaning there may be insufficient insurance to cover your costs
- Individuals often lack the resources to pay for damages above and beyond insurance coverage limits
- Most individual auto insurance policies don’t cover accidents that happen when the vehicle is being used for business purposes
So, it is in your best interest to work with a Charleston injury lawyer to ensure that you have identified all possible responsible parties.
Employer Liability for Delivery Driver Accidents
In many circumstances, an employer is vicariously liable for the actions of an employee. That means that if the employee is negligent and harms someone in the course of doing their job, the employer is on the hook for damages.
For example, if a delivery driver employed directly by a restaurant runs a stop sign while transporting food and hits your vehicle, the restaurant will typically be legally responsible.
The question becomes more complicated because many delivery drivers today are not employees of the restaurant, store, or company they’re delivering from. Instead, they may be independent contractors or drivers working through third-party platforms like DoorDash or UberEats. When the driver isn’t an employee, vicarious liability generally doesn’t apply.
Other Sources of Employer Liability
Vicarious liability makes an employer responsible for an employee’s actions, but there are other ways an employer might be responsible for a delivery-related accident, such as:
- Negligent hiring.
Example: The employer knowingly hired someone with a history of unsafe driving or failed to check the driver’s record. - Dangerous company policies.
Example: The employer penalizes drivers for taking more than 10 minutes to complete deliveries, encouraging unsafe speeding. - Unsafe employer-owned vehicles.
Example: A company delivery car is not properly inspected or maintained, and worn brakes cause an accident.
This isn’t a comprehensive list. The best way to determine who may be legally responsible for your accident is to consult an experienced Charleston car accident lawyer as soon as possible. Attorney Frank Hartman has been fighting for injured people in and around Charleston for decades and brings the knowledge, experience, and determination your case deserves.
To schedule your free consultation, call 843-300-7600 or fill out the contact form.
Liability When the Driver Is Not an Employee
In some situations, a company that contracts with a delivery driver may still bear responsibility for an accident. However, liability is not as straightforward as when the driver is an employee. There must be a direct legal basis for holding the company responsible.
In some cases, the same factors discussed above—such as negligent hiring or unsafe policies—may also apply to independent contractors.
Liability for Accidents Involving App Drivers
Food and retail deliveries are increasingly handled by app-based drivers using platforms like Grubhub, Instacart, Uber Eats, and DoorDash.
Because these drivers are not employees, vicarious liability typically does not apply. However, many app companies provide insurance coverage for accidents that occur during active deliveries.
Coverage limits vary, and whether coverage applies often depends on what the driver was doing at the time of the crash. For example, DoorDash provides liability insurance coverage in South Carolina only if:
- The driver was responsible for the accident
- The driver submitted the claim to their own insurance carrier and received a denial of coverage
- The driver was in the “delivery service” stage
The delivery service stage begins when the driver accepts an order and ends when the order is delivered, unassigned, or canceled. If the driver is logged in but waiting for an order, DoorDash does not provide coverage in South Carolina.
In short, if you were hit by an app-based delivery driver, insurance coverage may exist—but determining whether it applies often requires careful investigation.
Help After Charleston Delivery Driver Accidents
Accidents involving delivery drivers are often more complex than typical car accident cases and may involve multiple insurance companies, each working to minimize what they pay.
The best way to protect your rights is to work with an experienced Charleston motor vehicle accident lawyer from the very beginning.