Lawyers for Food Delivery Service Accidents in New Jersey
Leading Personal Injury Lawyers Advocate for Clients Injured in Food Delivery Service Accidents in Morris County, Hudson County, Monmouth County, Middlesex County, Union County, and Essex County, NJ
Food delivery services have become significantly more popular in recent years, spreading beyond major cities into metropolitan communities and even small towns. Food service delivery drivers work much in the same way as ride-sharing drivers. Drivers register with an app that allows the driver to act as an intermediary between restaurant and customer, and drivers use their own personal vehicles to make the food delivery. Food is conveniently delivered to the customer’s door.
While the food delivery service industry seems to have a simple business model, food delivery drivers can be involved in a car accident as easily as anyone else—raising the question of who is responsible for compensating the injured parties. At Blume Forte Fried Zerres & Molinari, our personal injury lawyers are here to help if you have been hurt in an accident involving a food delivery service driver.
Our accident lawyers are among the most respected in New Jersey. Not only does our firm’s history of providing excellent legal services stretch back over 90 years, but we have consistently been recognized by peer-rating services as among The Best Law Firms in New Jersey and The Best Lawyers in America.
If you or a loved one have been injured in a food delivery service accident, our accident lawyers are here to help you understand your right to fair compensation. Whether you were the driver or a passenger in another vehicle, you may have the right to bring a claim against the delivery company’s insurance policy. To learn more, call us today for a free consultation.
Can the Restaurant be Liable for Injuries Caused by New Jersey Food Delivery Service Accidents?
Food delivery services are extremely convenient—you can order a restaurant-prepared meal from the comfort of your couch. However, food delivery drivers are on the roads with everyone else and are equally at risk of being involved in a car accident.
If you were involved in an accident with a food service delivery driver—or injured working as a driver yourself—the primary question becomes, who is liable for the damage? Historically, employers have been held financially responsible for the acts of their employees while at work. However, most food delivery service drivers are classified as independent contractors.
Factors considered relevant in determining independent contractor status under New Jersey law do weigh in favor of independent contractor status, and include:
- The extent of control that the business can exert over the details of the work,
- Whether or not the worker is engaged in one distinct occupation or business,
- Whether the business supplied the instrumentalities, tools or a place of work for the worker,
- The length of time the worker is employed by the business,
- The method of payment (whether based upon time or by the job),
- Whether the type of work is part of the employer’s regular business, and
- Whether the parties believe they are creating an employer-employee relationship.
When evaluating the relationship between the restaurant and the driver, it becomes clear that an employment relationship does not exist. Similarly, the relationship between the driver and the food delivery app itself has been classified as an independent contractor relationship. Absent special rules, an injured party could find that their only recourse might be against a food delivery driver with little—or even no—accident insurance coverage.
Although app-based food delivery companies have developed special insurance rules that apply when their drivers are involved in accidents, actually recovering compensation under these policies can be complex. Commercial insurance policies may have larger limits, but the insurance company is also likely to fight much harder to avoid paying.
At Blume Forte Fried Zerres & Molinari, our talented injury lawyers have the experience necessary to navigate the insurance claims process. Our number one priority is protecting the rights of injured parties, so call for a free case review and tell us what happened today.
Food Delivery Service Company’s Expansive Insurance Coverage in New Jersey
App-based food delivery companies like DoorDash carry larger insurance policies than private drivers are required to carry in New Jersey. These insurance requirements were developed because of the extensive questions surrounding who can be held responsible for injuries caused by food delivery service accidents. For DoorDash specifically, the following insurance rules apply:
- A $1 million commercial car insurance policy covering both bodily injury and property damage is available to compensate third parties involved in the accident,
- The food delivery driver must have been in possession of the food at the time of the accident (must be on an “active delivery),
- The food delivery driver must have their own personal car insurance policy, which will apply before the DoorDash insurance policy applies.
Similarly, UberEats maintains a $1 million commercial insurance policy to cover damage caused to third parties while drivers are using the UberEats delivery platform.
Schedule a Free Case Review with Our Trusted Injury Lawyers to Discuss Your New Jersey Food Service Delivery Accident Claim
Having a talented injury lawyer by your side is important to making sure you get fair compensation if you were hurt in a New Jersey food service delivery accident. Our lawyers are here to effectively navigate the complex insurance process so that you can move forward. To learn more about our practice, call our office or contact us online for a free consultation today.
Frequently Asked Questions About Food Delivery Service Accident Claims in New Jersey
The DoorDash policy specifically says that the $1 million policy applies only to third parties. Most delivery drivers whose vehicles are damaged may not be eligible for compensation under this policy. Our lawyers can evaluate the specific facts of your accident to help determine the best way to get fair compensation if you were injured.
The available compensation for injured parties in a food delivery service accident is the same as any other accident. Our lawyers will fight to get fair compensation for:
-Future medical costs,
-Future lost wages or lost earning capacity,
-Pain and suffering,
-Loss of consortium if the accident resulted in the wrongful death of your loved one.