Vicarious liability holds employers legally responsible for the negligent acts of their employees performed within the scope of employment. Understanding this doctrine is essential for delivery accident claims because it determines whether you can recover from the delivery company or only from the individual driver.
How Vicarious Liability Works
Under the doctrine of respondeat superior ("let the master answer"), employers are automatically liable for employee negligence occurring within the scope of employment. You don't need to prove the company did anything wrong—the employee's negligence is imputed to the employer.
This rule recognizes that employers benefit from employee activities, control how work is performed, and can spread the cost of injuries through insurance and pricing.
Scope of Employment
Vicarious liability only applies when the employee was acting within the scope of employment. This generally includes actions that further the employer's business, even if performed negligently or in violation of company rules.
Delivery drivers making deliveries are clearly within scope. Driving to and from delivery locations, loading and unloading, and related activities all fall within the employment relationship.
Exceptions: Outside the Scope
Employers may not be vicariously liable when drivers are engaged in personal activities unrelated to work ("frolic and detour"), commuting to or from work (in most cases), engaging in intentional criminal acts unrelated to employment, and using company vehicles for unauthorized personal purposes.
However, minor deviations from routes or brief personal stops usually don't break the scope of employment. Courts interpret scope broadly to protect accident victims.
The Independent Contractor Problem
Vicarious liability traditionally applies to employees, not independent contractors. Many delivery companies—especially gig platforms—classify drivers as independent contractors to avoid vicarious liability.
However, misclassification doesn't eliminate liability. Courts look at the actual relationship, not just labels. Factors indicating employee status include company control over how work is performed, company-provided equipment and materials, integration into regular business operations, economic dependence on the company, and company control over routes, schedules, and methods.
Alternative Theories for Contractor Situations
Even when drivers are properly classified as contractors, delivery companies may face liability through negligent hiring (failing to properly screen contractors), negligent entrustment (allowing unfit persons to use company resources), agency by estoppel (holding drivers out as company representatives), and non-delegable duty (certain safety duties cannot be transferred to contractors).
The independent contractor defense has limits—companies cannot entirely escape responsibility by outsourcing to contractors.
Why Company Liability Matters
Pursuing the company rather than just the driver matters for several reasons. Companies have insurance coverage to pay claims. Individual drivers often lack assets to pay judgments. Company policies may have contributed to the accident. Holding companies liable incentivizes safer operations.
Most serious accident claims are against companies, not individual drivers.
Evidence for Vicarious Liability
Proving vicarious liability requires showing the driver was an employee (or equivalent), the accident occurred within the scope of employment, and the driver was negligent.
Key evidence includes employment records establishing the relationship, delivery records showing the driver was on duty, company policies and procedures, and witness testimony about what the driver was doing.
Multiple Defendants
You can sue both the driver and the company. Naming both defendants preserves options and prevents either from pointing fingers at the other. If one defendant proves judgment-proof or liability is unclear, you have alternative recovery sources.
Pursuing Your Claim
When injured by a delivery driver, identify both the driver and the company. Document the company name on the vehicle, driver identification, and any evidence that the driver was making deliveries at the time.
An experienced attorney can analyze the employment relationship and pursue all viable theories for holding the delivery company responsible.