You were driving home from work when a DoorDash driver ran a red light and collided with your car. Now you’re injured, your vehicle is totaled, and medical bills are mounting. Who pays for your damages—the driver, the delivery company, or someone else entirely? Rhode Island car accident cases involving food delivery drivers create unique liability questions.
At Kirshenbaum & Kirshenbaum Attorneys at Law, we help accident victims understand their rights and identify all potential sources of compensation.
Understanding Food Delivery Driver Employment Status
Most companies classify drivers as independent contractors rather than employees. This distinction affects liability in important ways. Independent contractor status often means:
- Drivers typically use their personal vehicles.
- Liability coverage is limited or varies by platform and by whether a delivery is in progress.
- Traditional employer liability rules may not apply if drivers are deemed true independent contractors.
However, Rhode Island courts and agencies examine the actual working relationship—especially the degree of control—rather than just how companies label workers.
When Might Delivery Companies Face Liability For Your Car Crash?
While fault for delivery driver accidents often falls on the person behind the wheel, businesses may share responsibility in certain circumstances:
- Company vehicles or equipment. If company-provided vehicles or equipment contribute to an accident—mechanical defects, obstructive gear, or required apps encouraging distraction—the delivery driver’s employer may face direct liability.
- Driver screening. Rhode Island recognizes negligent-hiring claims in some cases, but liability depends on whether the company owed and breached a legal duty under the facts.
- Employer-like control. If the company exercises significant control over delivery methods, scheduling, or pay—and limits drivers’ ability to work for competitors—courts may find an employer-employee relationship and impose vicarious liability.
It’s also important to note that Rhode Island follows a pure comparative negligence rule. Under the law, you can seek compensation for your damages even if you were partially or mostly to blame for the incident. But your total recovery is reduced by your assigned percentage of fault.
What Insurance Coverage Gaps Are Common in Food Delivery Accidents?
It’s not uncommon in other types of crashes to have multiple insurance policies provide coverage for your economic and non-economic damages. However, our Rhode Island car accident attorneys notice that in many food delivery cases, there’s incomplete coverage. For example:
- Personal auto policies. Many exclude accidents occurring during business use, which can leave a driver vulnerable while they’re working.
- Rhode Island minimums. All motorists’ insurance policies must allow for at least $25,000 per person / $50,000 per accident for bodily injury and $25,000 for property damage (or $75,000 combined single limit). These minimums are often insufficient for serious injuries.
- Company coverage periods. These guidelines vary considerably based on the task at hand, state, and corporate policies. Consider the following:
- DoorDash: In Rhode Island, the company requires Dashers to maintain their own auto insurance meeting Rhode Island’s minimum liability standards. The company also states that “it provides third-party liability coverage for Dashers only while they are on an active delivery (from order acceptance through completion).” There is no clear public record that additional DoorDash liability coverage applies in Rhode Island while waiting for orders.
- Uber (rideshare and delivery): Rhode Island law requires Transportation Network Companies to maintain primary auto liability insurance that applies while drivers are logged into the app. During “waiting” periods, state law sets minimum limits of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage. Once a ride or delivery is accepted and in progress, Uber’s $1 million liability policy applies in Rhode Island.
So generally, whether a corporation can also be held liable for your food delivery accident depends on three critical factors:
- Waiting for orders: Usually no company coverage.
- Heading to pickup: Limited coverage in some cases.
- During delivery: Full company coverage typically applies.
Proving Fault in Delivery Driver Accidents With Our Help
Establishing liability requires showing the driver’s negligence caused the accident. Once you call Kirshenbaum & Kirshenbaum Attorneys at Law, we mobilize quickly to thoroughly investigate your crash to determine causation such as:
- Distracted driving, such as checking the delivery app
- Speeding to complete deliveries
- Ignoring traffic laws
- Driving while fatigued
It’s vital to your case that we preserve and solicit evidence such as:
- Cell phone or app records
- Delivery company GPS data
- Witness testimony
- Police accident reports
As you can see, professional legal representation becomes especially important when dealing with serious injuries, disputed fault, or companies that deny coverage claims. But if a food delivery driver caused your accident, don't assume you have no recourse beyond their personal insurance. Acting promptly ensures important evidence remains available and protects your right to seek compensation.