You’re crossing the street when an Amazon delivery van runs a red light and hits you. Or maybe a DoorDash driver texting while driving crashes into your car? The driver jumps out apologizing, but when you try to file a claim, suddenly nobody wants to take responsibility. The driver says they’re just an independent contractor. The company claims they’re not liable. Somehow, it’s you whose left holding the bag.
The Independent Contractor Shell Game
Companies like Amazon, DoorDash, Uber Eats, and Instacart deliberately classify drivers as independent contractors instead of employees. This lets them avoid paying benefits, workers’ compensation, and liability insurance coverage.
Yet, when gig drivers cause accidents while working, the companies they deliver for often share responsibility. The law looks beyond labels to determine real fault. If the company controls how, when, and where work is performed, they may be legally responsible for accidents during deliveries.
When are Companies Liable for Gig Driver Accidents?
- During Active Deliveries: When drivers are making deliveries or traveling to pick up orders, companies often have liability exposure, especially with company vehicles or branded equipment.
- Company Vehicle Accidents: If the accident involves a company-owned or leased vehicle, the company typically bears responsibility regardless of employment classification.
- Inadequate Driver Screening: Companies that fail to properly screen drivers or check driving records can be held liable for negligent hiring practices.
- Pressure to Speed: Many gig companies create delivery quotas or time pressures that encourage dangerous driving, creating liability when accidents result from rushed deliveries.
- Equipment Requirements: When companies require specific apps, routes, or equipment while driving, they exercise enough control to potentially create liability.
Insurance Coverage Complications
Gig delivery accidents involve complex insurance issues. The driver’s personal auto insurance may not cover commercial activities. The company’s commercial insurance may have gaps for independent contractors. Meanwhile, you’re stuck with mounting medical bills.
Companies count on this confusion to avoid paying claims. They’ll point fingers at the driver’s insurance while the driver’s insurance points back at the company. Unless you fight for what you’re owed, they’ll take you for a ride!
Get the Compensation You Deserve
Gig-economy companies profit from delivery services while trying to avoid responsibility when their drivers cause accidents. They have teams of lawyers protecting their interests—you need someone fighting just as hard for yours.
The Law Offices of Tim Misny can help you navigate complex gig-economy liability issues and get the compensation you deserve. When companies try to dodge responsibility for their drivers’ actions, I’ll Make Them Pay!® Call my office at (877) 944-4373 so that I can evaluate your case right away.
