Motorcycles, Trucks, Bikes, Pedestrians & Boats

What if I was hit by a delivery driver?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
It depends on whether they were an employee or an independent contractor, and whether they were actually working.

The answer turns on employment status and scope.

An employee driving a company vehicle brings the employer's commercial coverage into play through vicarious liability. That's the best case, and limits are usually substantial.

An employee driving their own vehicle on company business can still trigger employer liability if within the scope of employment — a fact-intensive question.

An independent contractor is harder. Companies structure gig delivery relationships specifically to limit vicarious liability, and whether that structure holds depends on the actual working relationship rather than the label. Some platforms carry their own coverage that may apply.

Whether they were working is the threshold question — actively on a delivery, between deliveries, or off duty entirely.

What to gather. Company markings, uniform, delivery bags or equipment, any app visible, and what the driver says at the scene about who they work for and what they were doing. That last one is worth asking directly and noting.

Ask whether they were on a delivery, and write down exactly what they said. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.