A delivery driver accident can be stressful, particularly when the at-fault driver is an independent contractor for a gig economy service like UberEats, DoorDash, or Grubhub. If you’ve been injured in such an accident, determining who covers your medical expenses and lost wages can be complex due to the layered insurance structure involved. The legal challenges with these drivers classified as independent contractors also mean these accidents differ from standard car accidents.
If you’ve sustained injuries, don’t face the insurance companies and your claim alone. Contact Chute, O’Malley, Knobloch & Turcy, LLC at 312-775-0042 for assistance.
Who Can Be Held Liable After a Food Delivery Driver Accident in Illinois?
In 2023, transportation incidents, including delivery vehicles, caused 38 fatal occupational injuries in Illinois.
Determining fault in an Illinois accident usually involves identifying the negligent driver and their auto insurance. However, in a delivery driver accident, liability may also involve the delivery platform, depending on the driver’s employment status and their stage in the delivery process at the time of the collision.
When assessing liability, your car accident lawyer may focus on three main parties:
The Delivery Driver
Most often, the driver who causes an accident due to negligence, such as hurrying to meet a delivery deadline, getting distracted by an app, or ignoring a stoplight, is considered the main party at fault. You would typically try to pursue damages through their personal auto insurance policy, but there is a chance it may deny the claim under a commercial use exclusion.
The Delivery Platform (UberEats, DoorDash, or Grubhub)
Vicarious liability is a legal principle that holds employers accountable for the actions of their workers. However, these delivery companies claim their drivers are independent contractors, using this classification as a legal shield against vicarious liability. Despite this, their insurance usually activates during delivery, providing coverage.
If a delivery company is careless, such as hiring unsafe drivers or ignoring complaints, they can be held responsible for resulting injuries. For instance, if a company continued to employ a driver with a suspended license, it could share food delivery accident liability for resulting accidents.
Other Third Parties
Responsibility for an incident might be shared by another party. For instance, the restaurant could be at fault if its unsafe procedures, such as making drivers wait in hazardous locations or maintaining a dangerous parking lot, contributed to the accident. Additionally, another driver might have contributed to or even caused the collision.
How Do Insurance Policies Apply in UberEats, DoorDash, and Grubhub Accidents?
Insurance coverage after an accident involving UberEats, DoorDash, or Grubhub depends on the driver’s activity at the time of the crash. Most drivers are driving personal vehicles, and have personal auto insurance. This insurance typically won’t cover drivers during commercial use, but the delivery company provides insurance for accidents. This makes the driver’s status at the moment crucial. Delivery platforms generally classify the delivery process into three distinct periods, each with varying insurance coverage.
Offline (App Is Off)
If the delivery driver was driving for personal reasons and did not have the app open, their personal auto insurance policy is solely responsible for covering the damages. In this scenario, the accident is treated like any other standard car accident.
Available or Waiting for an Order (App Is On)
When a driver has the app active but hasn’t accepted a delivery request, personal insurance may not cover them. In this case, the delivery platform’s contingent liability coverage applies, offering lower limits than during an active delivery: up to $50,000 per person for bodily injury, $100,000 total per accident, and $25,000 for property damage. This fills the gap if a personal policy denies claims due to commercial activity exclusions.
En Route or On Delivery (Trip in Progress)
During the “on-trip” phase, which starts when a driver accepts an order and ends at delivery, delivery apps often provide $1,000,000 in third-party liability coverage. This coverage is crucial for victims with serious injuries. An Illinois delivery driver accident lawyer can help establish the driver’s active status by using timestamped app data from the delivery company and, if available, dashcam footage.
What Factors Determine Liability in Illinois Delivery Driver Crashes?
Determining liability for delivery driver accidents involves investigating the incident and identifying all parties who may share responsibility. Important considerations include what led to the accident, whether the driver was on duty, and any shortcomings by the delivery company.
Negligence of the Delivery Driver
The foundation of a personal injury claim is proving that the driver acted negligently. In the context of food delivery, negligence includes:
- Distracted Driving: This involves checking the app for directions, confirming an address, or communicating with customers while driving.
- Speeding or Reckless Driving: Many collisions happen when drivers rush to meet tight delivery deadlines.
- Fatigue: Driving beyond safe limits or in violation of hours-of-service regulations can lead to poor decision-making.
- Impaired Driving: Operating a vehicle while under the influence of alcohol or drugs presents dangers.
- Violating Traffic Laws: Actions such as running a red light, failing to yield, or following too closely can cause accidents.
Company’s Practices and Negligence
Delivery platforms often avoid liability by labeling drivers as independent contractors. However, there are situations where the company’s practices may contribute to corporate negligence.
Unsafe Delivery Practices
If a company incentivizes drivers to rush deliveries, leading to traffic violations, this can create foreseeable dangers.
Questionable Hiring and Training
When a company hires a driver with a known unsafe record or fails to provide essential safety training, it may incur liability.
Distracting App Features
Apps that require excessive use while driving can lead to distractions, making the company responsible for accidents caused by their design.
Although proving delivery negligence is tough, linking policies or app features to accidents could open additional recovery options beyond insurance claims.
Comparative Negligence
Illinois employs a modified comparative negligence system, meaning you can recover compensation only if you’re 50% or less at fault for an accident. Having 51% or more fault results in no compensation. For instance, if you’re deemed 20% at fault, your compensation is reduced by that percentage. Insurance companies often try to shift blame onto you, highlighting the need for legal representation.
A serious accident with a commercial vehicle can lead to severe injuries and financial pressure from medical bills and lost income. Don’t let the challenges of food delivery accident laws in Illinois hinder your claim. Contact us at Chute, O’Malley, Knobloch & Turcy, LLC to investigate the accident, obtain essential driver data from the delivery platform, and if necessary, go to trial for the best possible outcome.
Frequently Asked Questions
What steps should an Illinois delivery driver take immediately after an accident?
Ensure safety, then call the police to file a report. Exchange insurance info, document the scene with photos, and seek medical attention for injuries. Report the accident through your delivery company’s app or portal promptly.
What kind of compensation can you receive if a delivery driver is at fault?
You can claim compensation for medical expenses, lost wages, property damage, and pain and suffering.
What should you do if the insurance company denies your claim?
If your insurance claim is denied, gather all relevant evidence, like the police report and medical records. Consulting an attorney is crucial, as they can help you navigate the insurance process and ensure the insurer covers your valid claims.
