Grubhub provides a popular service, bringing food straight to people’s door that may not otherwise be deliverable. Unfortunately, this means that drivers may not always be driving the safest when their priority is making as many deliveries as possible. When a Grubhub driver causes a wreck, resulting in another suffering injuries, the at-fault driver may be liable to pay damages.
If you were injured by a food delivery service driver, consider speaking with a Johnstown Grubhub accident lawyer. These cases can quickly become complicated, requiring the skill and experience of a Johnstown vehicle wreck attorney.
Is Grubhub Liable for the Negligence of Their Drivers?
Pennsylvania follows a rule of vicarious liability. This means that if an employee negligently causes harm while acting in the course and scope of the employment, the employer will also be liable to the injured victim. This requires that the worker be an “employee” rather than an “independent contractor”. The distinction between “employee” and “independent contractor” status depends on the amount and extent of control that the company exercises over the worker. Grubhub classifies its drivers as independent contractors. A company’s designation of this status is not necessarily determinative, as an examination of all of the factors in the working relationship is necessary. Even if the driver is properly considered an independent contractor, Grubhub could still be liable under a theory of direct negligence, for shortcomings in its own right – such as negligence in the hiring of its drivers, failing to conduct background checks, or negligent training.
In order for a person to work for Grubhub, the driver must:
- Be at least 19 years old (or 21 in Chicago)
- Have a valid license to drive, automobile insurance, and two years of driving experience
- Have a smartphone capable of running the app
- Pass a background check
- Have an active checking account
As Grubhub has strict requirements for its drivers, it may be beneficial for someone injured in an accident to speak with a local attorney about potential liable parties.
Does Grubhub Carry Insurance for its Drivers?
Unlike many other companies which carry an insurance policy to protect third parties, Grubhub does not. That means that a plaintiff is often limited to filing a lawsuit against the driver and his or her insurance company instead. Unfortunately, a Grubhub driver’s insurance may not carry a great deal of coverage, and the limits may be less than the injuries suffered by the plaintiff.
Insurance companies will often attempt to avoid covering an accident. These tactics are well known to skilled attorneys and may often be combated with the right legal strategy.
Recoverable Damages After a Grubhub Vehicle Wreck
After suffering injuries in a collision with a Grubhub driver, a plaintiff’s goal in filing a personal injury lawsuit is to collect monetary damages to cover:
- Property damage
- Medical bills
- Lost income
- Pain and suffering
- Wrongful death
- Loss of consortium
However, a claimant cannot recover any compensation if he or she does not meet the deadline requirements for filing a claim. A two-year limitations period exists under 42 P.S. § 5524. This means that cases related to Grubhub car accidents must be filed within that two-year period or they could be dismissed. This could occur even if the lawsuit would otherwise have been successful.
A plaintiff should contact a qualified Johnstown attorney as soon as possible after an accident involving a Grubhub vehicle to make sure there is plenty of time to investigate and file the case.
Call a Johnstown Grubhub Accident Attorney for Guidance
Grubhub drivers should be held responsible for their negligent actions when they cause devastating wrecks. If you were harmed by a food delivery vehicle, do not hesitate to seek legal representation.