CA AB 2345: Gig Worker Liability Shifts in 2026

The streets of San Francisco are bustling, and with the rise of the gig economy, food delivery scooters have become an omnipresent fixture, weaving through traffic and navigating tight urban spaces. This increased activity, however, brings a heightened risk of motorcycle accident incidents, and the legal landscape for liability has just shifted dramatically. Are you prepared for the consequences?

California Assembly Bill 2345: The Game Changer for Gig Worker Liability

As of January 1, 2026, California’s legal framework for gig economy workers, particularly those in the food delivery sector, has undergone a significant transformation with the enactment of Assembly Bill 2345 (AB 2345). This new legislation directly addresses the contentious issue of worker classification, largely re-designating food delivery couriers working for platforms like DoorDash, Uber Eats, and Grubhub as employees, rather than independent contractors, under specific conditions. This isn’t just a tweak; it fundamentally alters who bears responsibility in the event of a motorcycle accident involving these couriers.

The crux of AB 2345 is its updated interpretation of the “ABC test” established by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) and codified by AB 5. While AB 5 provided some exemptions, AB 2345 specifically tightens these for food delivery, stipulating that if a company controls the manner and means of the worker’s performance (Prong A), the worker performs work central to the company’s business (Prong B), and the worker does not operate an independent business in the same trade (Prong C), they are an employee. For most food delivery services, Prong B is now explicitly met, making it much harder to classify couriers as independent contractors. According to the California Department of Industrial Relations, this reclassification extends workers’ compensation protections and mandates employer-provided liability insurance.

From my perspective, having navigated countless personal injury and employment cases in San Francisco, this bill is a long-overdue rectification. For years, I’ve seen victims of scooter accidents left in limbo, trying to sue an individual courier who often had minimal insurance or assets, while the multi-billion-dollar platforms skirted responsibility. This bill forces the platforms to own the risks inherent in their business model, just like any other employer.

Who is Affected by AB 2345?

The impact of AB 2345 ripples across several key groups:

1. Food Delivery Platforms: Companies like DoorDash, Uber Eats, and Grubhub are now primarily responsible for providing workers’ compensation insurance and maintaining adequate liability coverage for their delivery personnel. This means a significant increase in their operational costs and a direct assumption of risk. We’re talking about millions of dollars in potential new insurance premiums and legal exposure.
2. Food Delivery Couriers: These individuals, often riding scooters or motorcycles through congested areas like the Mission District or Tenderloin, gain employee benefits, including minimum wage, overtime pay, expense reimbursement, and, critically, workers’ compensation if injured on the job. This is huge for their financial security and access to medical care following an accident.
3. Victims of Scooter Accidents: Individuals injured by a food delivery courier now have a clearer path to seek compensation from the delivery platform itself, rather than solely from the individual courier. This significantly increases the likelihood of recovering damages for medical bills, lost wages, and pain and suffering. Imagine a pedestrian hit by a scooter on Market Street – their legal options just got a lot more robust.
4. San Francisco Businesses and Residents: While not directly targeted by the bill, businesses that rely on these services and residents who share the roads will indirectly feel the effects. Potentially safer practices from platforms, but also possibly higher delivery fees as companies absorb new costs.

I had a client last year, before AB 2345, who was severely injured when a Postmates courier, speeding through a crosswalk near Union Square, struck them. The courier had minimum liability insurance, and Postmates fought tooth and nail against any liability, claiming the courier was an independent contractor. We eventually secured a settlement, but it was a protracted, agonizing battle. Under AB 2345, that case would be a much more straightforward pursuit against the platform, which is exactly how it should be.

Concrete Steps for Accident Victims and Couriers

For Victims of Scooter Accidents:

If you or a loved one are involved in a motorcycle accident with a food delivery scooter in San Francisco, swift and decisive action is paramount:

1. Seek Immediate Medical Attention: Your health is the priority. Even if you feel fine, get checked out. Adrenaline can mask injuries. Go to UCSF Medical Center at Parnassus or Zuckerberg San Francisco General Hospital if necessary.
2. Document Everything: Take photos of the scene, vehicle damage, injuries, and any identifying information on the scooter or courier (e.g., delivery bags, company logos). Get witness contact information.
3. File a Police Report: Contact the San Francisco Police Department (SFPD) immediately. A formal report is crucial for any future legal claim.
4. Identify the Delivery Platform: Ascertain which company the courier was working for at the time of the accident. This is now more critical than ever.
5. Contact an Attorney Specializing in Personal Injury and Employment Law: This is not a DIY project. An attorney can navigate the complexities of AB 2345, determine liability, and pursue compensation from the appropriate parties – now likely the delivery platform. We can help you understand your rights under California Civil Code Section 1714, which governs liability for negligence.

For Food Delivery Couriers:

If you are a food delivery courier operating in San Francisco, AB 2345 profoundly impacts your rights and responsibilities:

1. Understand Your Employment Status: Review your contract with the delivery platforms. If you meet the ABC test criteria under AB 2345, you are likely an employee. Demand the benefits and protections that come with that status.
2. Report Accidents Immediately: If you are involved in an accident, report it to your delivery platform immediately, following their internal procedures. This is critical for workers’ compensation claims.
3. Seek Medical Care for Work-Related Injuries: As an employee, you are entitled to workers’ compensation benefits for injuries sustained while on the job. Do not pay out-of-pocket for medical care if it was a work-related incident. Contact the California Division of Workers’ Compensation for guidance.
4. Review Your Own Insurance: While platforms are now mandated to provide liability insurance, your personal motorcycle or scooter insurance may still play a role, especially for personal use or if the platform tries to dispute your employee status.
5. Consult with an Employment Law Attorney: If your platform is denying your employee status, refusing workers’ compensation, or otherwise violating your rights under AB 2345, seek legal counsel.

This is where things get tricky. While AB 2345 is clear, some platforms will undoubtedly attempt to find loopholes or misclassify workers. It’s a constant cat-and-mouse game. That’s why having knowledgeable counsel on your side is non-negotiable. We recently advised a group of couriers who were being denied basic protections by a smaller, regional delivery service operating out of the Bayview. Their employer insisted they were contractors, but after reviewing their contracts and daily operations, it was clear they met the AB 2345 criteria. We helped them file a complaint with the Division of Labor Standards Enforcement (DLSE), which resulted in a favorable ruling and back pay for unpaid expenses and benefits.

The Future of Rideshare and Gig Economy Liability in San Francisco

The passage of AB 2345 marks a significant pivot in how California, and San Francisco specifically, views the responsibilities of rideshare and gig economy companies. This isn’t just about food delivery; it sets a precedent. While Uber and Lyft drivers often operate under different classification rules due to previous legislative efforts (like Proposition 22, which is still subject to legal challenges), the spirit of AB 2345 demonstrates a clear legislative intent to push for greater worker protections and corporate accountability. We will undoubtedly see more legal challenges and refinements in the coming years. My prediction? The pendulum is swinging towards greater corporate responsibility, and that’s a good thing for public safety and worker fairness.

One counter-argument often raised is that this will stifle innovation or increase costs for consumers. And yes, there might be some short-term adjustments. But the long-term benefit of ensuring proper insurance coverage, safer practices, and fair treatment for workers far outweighs these concerns. We’re not talking about eliminating the gig economy; we’re talking about making it sustainable and just.

The legal landscape for food delivery scooter liability in San Francisco has fundamentally changed with AB 2345. Both accident victims and couriers must understand their new rights and responsibilities to navigate this evolving terrain effectively. Act quickly and seek expert legal counsel to protect your interests. For example, understanding how to prove fault in motorcycle accidents is crucial, and having a lawyer can help ensure you don’t settle for a low payout.