EatStreet is another food delivery app, like Grubhub or Uber Eats. These gig-economy apps connect independent drivers with customers to pick up and drop off food from local restaurants. EatStreet operates in a number of cities across the country, including Denver and Boulder. By using regular drivers to deliver food, these companies have a role in the auto accidents involving their drivers.
The delivery app company and the insurance company may not want to take responsibility if you are injured in an EatStreet or delivery driver accident. Talk to your Denver accident attorney for help getting compensation with a personal injury claim.
Who is Liable in an Accident With an EatStreet Delivery Driver?
Liability in a car accident is generally based on negligence. Negligence is the breach of care that causes injury and damage to another. Negligence in a car crash can also be demonstrated by violating a traffic law that caused an accident. This may include speeding, failing to stop at a red light, or failing to yield to a pedestrian. The negligent driver is generally liable for damages.
Vicarious liability can extend liability to an employer. Also known as respondeat superior, an employer may be liable for the damage caused by a negligent employee acting in the course of employment. For delivery drivers, the company may be liable for an accident caused when their driver was making a delivery. However, there may be limits to vicarious liability.
EatStreet is one of the few companies that has employees working as delivery drivers. According to EatStreet's website, “all drivers are W2 employees, not contractors.” If a driver negligently causes an accident, the injury victim may be able to seek compensation from the driver directly and the employer vicariously.
EatStreet Training and Screening Requirements
EatStreet generally has more strict training and screening requirements compared to other delivery app companies. Requirements include:
- Reliable vehicle and smartphone
- Clean driving record
- Valid driver's license
- Valid insurance
- Ability to work well independently
- Minimum 18 years of age with a minimum of two years U.S. driving experience
EatStreet also requires drivers to follow their safety rules, including “obey all traffic laws and parking regulations.” EatStreet also offers voluntary accident insurance to eligible employees.
The background check for driver approval is similar to other driving apps, where the company conducts a criminal background check and check of your driving record. Training is generally limited to how to use the app, watching videos, and taking online quizzes.
Passing a driving record check is not difficult for most drivers. Generally, a driver is only turned down with a history of serious traffic violations, including driving under the influence of alcohol (DUI), habitual offender status, or reckless driving. There is no guarantee that approved drivers are necessarily safe drivers. Like other delivery drivers, accidents may be caused by:
- Distracted driving
- Driver inexperience
- Confusion over Colorado traffic laws
- Traffic violations
- Driving while tired
- Blocking traffic or bike lanes while picking-up or dropping-off
Even if drivers are told to follow the traffic laws, they may have incentives to bend the rules. Some drivers get bonuses for completing more deliveries within a time limit, which may make it more tempting to speed or park illegally to make a quick delivery. This can put cyclists, pedestrians, and other drivers in danger.
Delivery Driver Injured in an Accident
If you are a delivery driver injured in an accident, you may expect your auto insurance or employer's insurance policy to cover your injuries. However, your car insurance company may not have approved commercial driving. This could mean your insurance company could refuse to pay for your damages.
Many drivers think their personal insurance is enough to be a delivery driver, especially when they are only doing deliveries on the side. However, the auto insurance providers generally require special insurance coverage, including commercial driving policies or special add-on delivery insurance coverage. This can increase the cost of your insurance dramatically and eats into the financial benefits of driving on the side.
Will the Insurance Company Find Out About My Delivery Driving?
If you don't tell the insurance company you were delivering, how will they know to deny your coverage? There are many ways the insurance company could discover your side job. Another driver involved may report that you appeared to be a delivery driver because of stickers or the hot food bag in your car. The police may also ask about your delivery status, and lying to the police is against the law and generally a bad idea.
If your accident was serious, it may involve a large amount of compensation or settlement money. The more money that is involved may make the insurance agents more interested in finding out if you had a side hustle like delivering food. It may not seem fair, but making misrepresentations in an insurance claim may also be considered insurance fraud.
Denver EatStreet Accident Lawyer
If you were injured in a Denver EatStreet accident, contact an experienced attorney for answers. Our experienced Colorado auto accident attorneys will fight to get the maximum compensation available for your injuries. Do not accept a low settlement offer before understanding your rights. Contact us today for a free consultation.