Delivery drivers on e-bikes or scooters are a growing part of the transport network. As accidents involving these methods increase, more people are asking when the person who delivers, or their company, can be held responsible.

Respondeat Superior and Employer Liability

In California employers can be held liable under the doctrine of respondeat superior. That means an employer may be responsible for their driver’s negligence so long as the driver was acting within the scope of their work at the time of the accident.

Employee vs Independent Contractor Status

Who you can sue depends heavily on whether the delivery person was an employee or an independent contractor. If the delivery business controls schedules, provides equipment, sets routes or gives specific directions, it shows more employer control and liability. Laws like AB5 make this distinction stricter and can tip the scale towards finding someone is an employee rather than a contractor.

What Counts as “Within the Scope of Employment”

A delivery driver is generally acting within the scope of employment when making pickups, heading to delivery locations, or returning from deliveries. Deviations like doing a personal errand or detour might remove employer liability if the driver was not performing a work duty at the time.

Safety Policies, Training, and Negligence

Employers who require training, safety equipment, or certain operational standards can influence liability. If a company fails to train drivers on safe riding, fails to enforce policies, or allows dangerous practices, that may support claims of negligence.

Insurance Gaps and Coverage Issues

Many delivery companies maintain insurance that covers liability for accidents, but coverage can vary depending on who owns the scooter, whether the driver was actively engaged in work, or whether the platform classifies that person as a contractor. Personal insurance often excludes work-related use, which can create gaps.

Evidence Needed to Prove Liability

Victims should preserve evidence such as: employment or contractor agreements, logs or GPS tracking data, delivery assignments, communication from dispatch, safety protocols, training materials. These help show the relationship, the duties, and what the driver was doing when the accident occurred.

How Hillstone Law Can Help

Hillstone Law can assess whether the employer can be held accountable review whether the driver was treated as an employee gather key evidence like company policies or safety training negotiate with insurers or pursue legal action to secure full compensation for medical expenses, lost wages, property or equipment damage, and pain and suffering.