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Understanding Liability in Food Delivery Crashes

Nicole Santo HKQ Attorney

Jul 1, 2024

Who is liable when you are involved in a crash with a food delivery driver?

As the popularity of food delivery services continues to rise, so do questions about who is liable in crashes involving delivery drivers. The information presented here explores liability in food delivery crashes, and sheds light on when delivery services may be held responsible and when they may not.

Determining Liability in Food Delivery Crashes

The question of liability in food delivery crashes often concerns the status of the driver at the time of the incident:

  1. In the Course of Delivery: Food delivery services can potentially be held liable if the crash happens while the driver is actively engaged in delivering food or items on behalf of the service. When food is being delivered, drivers are typically considered to be acting within the duties of their job. That means the delivery service may bear responsibility for any injuries or damages caused by the driver's actions.

  2. Off-Duty or Off the App: On the other hand, if the driver is off-duty or not actively using the delivery app at the time of the crash, the food delivery service may not be held liable. In these kinds of cases, the driver is generally perceived to be operating their vehicle for personal reasons rather than as a representative of the delivery service.

Legal Considerations and Potential Challenges

Dealing with liability issues in food delivery crashes involves careful consideration of several legal factors:

  • Employment Classification:  Whether the driver is classified as an employee, or as an independent contractor, of the delivery service can have a big impact on liability. Employees typically have a closer relationship with the company than an independent contractor. That means the company may have greater liability for the actions of a driver who is classified as an employee.

  • Insurance Coverage: Insurance coverage plays a pivotal role in determining liability. Some food delivery services provide commercial insurance coverage for their drivers while they are actively on duty. That insurance may extend to cover crashes involving third parties. However, coverage may be limited or not exist at all when drivers are off-duty or using personal vehicles.

Understanding How Hourigan, Kluger and Quinn Can Assist You

At Hourigan, Kluger and Quinn, our team of seasoned personal injury attorneys possesses extensive experience in handling the complex liability issues involved in food delivery crashes. We offer expert legal guidance and representation to individuals who have been injured because of the actions of food delivery drivers.

Contact Our Legal Team Today

If you have been injured in a crash involving a food delivery driver and are uncertain about liability or your legal options, we encourage you to reach out to our team of personal injury lawyers at Hourigan, Kluger and Quinn for a consultation. Our attorneys are dedicated to listening to your story, evaluating the specifics of your case, and determining the best course of action to pursue compensation for your injuries and losses.

For more detailed information on our legal services or to schedule a consultation with one of our personal injury attorneys, please call us at 570-287-3000 or email us at


Understanding liability in food delivery crashes requires a comprehensive analysis of the driver's status and actions at the time of the incident. Our experienced team at Hourigan, Kluger and Quinn, will explain your legal rights and help you pursue fair compensation for injuries suffered in a food delivery-related incident.

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