Overview
With the rise of gig economy services like Amazon Flex, DoorDash, Uber Eats, and Instacart, California roads are flooded with delivery drivers — many of whom are under pressure to meet tight deadlines. When accidents happen, victims often face confusing insurance policies and unclear liability.
If you were injured by a delivery driver, here’s what you need to know to protect your rights and pursue compensation — with direct links to California’s most trusted legal and insurance resources.
⚠️ Common Delivery Driver Accidents
Delivery-related accidents often involve:
- Pedestrian injuries in crosswalks or driveways
- Cyclist collisions in bike lanes or intersections
- Rear-end crashes due to distracted driving or rushing
- Property damage from reckless parking or turning
- Slip and falls from improperly delivered packages
These incidents can cause serious injuries — and complex legal claims.
🧑💼 Who’s Liable: The Driver or the Company?
Liability depends on the driver’s employment status and whether they were “on the clock”:
- Independent contractors (e.g., DoorDash, Uber Eats) may carry personal and commercial insurance.
- Employees (e.g., some Amazon drivers) may be covered by employer liability policies.
- Third-party logistics firms may also share responsibility.
California courts often examine:
- Whether the driver was actively working
- The company’s control over the driver
- Insurance coverage at the time of the accident
For more on how liability works, see the California Department of Insurance’s auto liability guide.
🧾 Real-World Example: Injured by a Rushing DoorDash Driver
A client was walking her dog in a residential neighborhood when a DoorDash driver sped around a corner and struck her. The driver claimed he was “off duty,” but app data showed he was actively delivering.
We filed claims against both the driver and DoorDash’s commercial insurer. After negotiations, the client received a $110,000 settlement for her injuries and lost wages.
🛡️ Insurance Coverage Challenges
Delivery driver accidents often involve:
- Multiple insurance layers (personal, commercial, app-based)
- Coverage gaps when drivers toggle between “on” and “off” duty
- **Denials based on employment classification
Companies like Uber and DoorDash offer limited coverage — but only during active deliveries. If the driver was between jobs, coverage may default to their personal policy.
To understand how delivery platforms structure coverage, check out the National Employment Law Project’s gig economy insurance guide.
📋 What to Do After a Delivery Driver Accident
- Call 911 and seek medical attention
- Document the scene — photos, videos, license plate
- Get witness contact info
- Ask if the driver was working — note any delivery logos or app activity
- Avoid speaking to insurers alone — they may try to minimize your claim
You’ll also need to file a report. Use the California DMV’s traffic accident form to document the incident officially.
❓ Frequently Asked Questions
Can I sue the delivery company directly?
Yes — if the driver was working and the company exercised control, you may have a claim against the company.
What if the driver was using their personal car?
You can still file a claim. Many companies require drivers to carry commercial insurance or offer supplemental coverage.
What if I was partially at fault?
California’s comparative fault law allows you to recover compensation even if you were partly responsible.
How long do I have to file a claim?
You generally have 2 years from the date of the accident — but sooner is better for evidence preservation.
👨⚖️ Why You Need a Lawyer
Delivery driver cases are legally complex. Our attorneys:
- Investigate app data and employment status
- Navigate layered insurance policies
- Fight for full compensation — even when liability is disputed
We’ve helped clients injured by Amazon, DoorDash, Uber Eats, and other delivery services recover what they deserve.
📞 Call Infinity Law Group Today
If you’ve been injured by a delivery driver in California, don’t face the insurance maze alone. We’ll help you understand your rights and build a strong case.
📲 Schedule your free consultation Or call us directly at (925) 732-1188
