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More Uber Eats and DoorDash drivers are on the roads than ever before. Their increased presence on the streets has also caused a rise in motor vehicle accidents. If you were hit by one of these drivers, understanding liability in Uber Eats and DoorDash accidents becomes very important.
If the other motorist was at fault, you can hold them accountable through a personal injury lawsuit—just like in any other accident. However, it is possible that you can also pursue an insurance claim against the delivery company with the help of a skilled personal injury lawyer.
When it comes to being involved in an accident with an Uber Eats or DoorDash driver, injured motorists have the same right as anyone else to pursue legal action. If the delivery driver was at fault, they can be held responsible for any damage they cause.
This can happen in several ways. Some examples of negligent driving behavior include the following:
With the help of an experienced attorney, each of these situations provides viable grounds for a personal injury lawsuit against the driver. However, these people do not always have the resources to pay a large claim.
While it is natural to assume a lawsuit against the companies would be viable in these situations, the reality is that they are often unsuccessful. In the gig economy, delivery drivers are treated as independent contractors instead of employees. This distinction is essential, as companies are liable for the carelessness of their employees but not their contractors.
Some notable exceptions can lead to a viable lawsuit against DoorDash or Uber Eats. When evidence of direct negligence against these companies is presented, these cases are successful.
This negligence usually comes in the form of hiring practices. If a company allows someone with a criminal record or a history of dangerous driving to deliver food, it puts the public at risk. If any of the company’s policies resulted in an accident, it may also lead to liability.
It is not always an option to file a lawsuit against the company, but their insurance policy might cover the costs from the wreck. DoorDash and other companies provide liability coverage to drivers when using the app to deliver food or wait for orders. The amount of coverage available depends on the driver’s status at the time of the crash. The policy may pay up to $1 million in total losses if the driver caused a collision while delivering food. These individuals must also have their own coverage, which must be exhausted before the company’s insurance takes effect. Drivers who are not actively using the app are not covered at all.
Understanding legal liability is essential if you have been hurt in an accident with a food delivery vehicle. You may have a case against the driver, but companies such as Uber Eats and DoorDash might also provide insurance coverage.
Call our team at Ponce Law as soon as possible to learn more about your options.
