The rapid growth of the on-demand delivery industry has put more commercial vehicles on Illinois roads than ever before. While this has made life more convenient for consumers, it has also created new dangers for pedestrians. Delivery drivers are frequently under pressure to meet tight windows, which can lead to rushed driving and a failure to check crosswalks before pulling away from a stop.
If you’ve been hit by a delivery driver while on foot, Illinois law may give you more options for compensation than you realize. Since these pedestrian accidents often involve drivers who are on the job at the time of the crash, multiple parties beyond just the driver could be financially responsible for your injuries. Contine reading to learn more about how these pedestrian accident claims in Chicago work.
Why Delivery Drivers Pose a Unique Risk to Pedestrians
Unlike most other motorists, delivery drivers spend the majority of their shift starting and stopping in areas with heavy foot traffic. The nature of the job creates a pattern of behavior that puts people on foot at risk. Common issues include:
- Double-parking or stopping in crosswalks to make a quick drop-off
- Pulling away from a curb without checking for approaching pedestrians
- Making rushed turns at intersections to stay on schedule
- Driving while distracted by their cell phone in some form or fashion
- Backing up in driveways and parking lots without a clear line of sight
Each of these scenarios puts pedestrians in danger, and all of them can support a personal injury claim under Illinois law if the driver’s negligence caused your injuries.
Who Can Be Held Legally Responsible in These Cases?
The driver may not be the only party responsible. Under respondeat superior, an employer can be held vicariously liable when an employee’s negligence occurs within the scope of their job duties. Potentially liable parties include:
- The delivery driver who caused the accident
- The driver’s employer, for negligence that occurred during work duties
- The employer directly, if inadequate training or unrealistic quotas contributed to the crash
- A gig platform like DoorDash or Uber Eats, depending on the level of control exercised over the driver
Identifying every responsible party matters because corporate insurance policies are typically far greater than what a single driver carries personally.
The Gig Economy Complication
Drivers for app-based platforms are often classified as independent contractors, which can make employer liability harder to establish. However, Illinois courts look at the actual degree of control a company exercises over the driver’s work, not just the label in a contract.
That means that if the platform does things like sets routes and impose deadlines, those facts could support an argument that the driver is functionally an employee. An experienced personal injury attorney can evaluate the relationship and determine which parties should be held legally responsible in your case.
Contact Meyers & Flowers for Legal Help After a Pedestrian Accident
If you’ve been struck by a delivery driver while walking in Illinois, there may be multiple avenues for recovering compensation beyond just the driver’s personal insurance. Identifying every liable party is critical to maximizing the value of your claim.
Meyers & Flowers is here to help guide you through the legal process while you focus on your health and well-being. Contact us today at (630) 576-9696 to get started with a free consultation.