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Food Delivery Accidents - Can You File A Claim?

In recent years, the "Service Sector" is reported to include food delivery drivers, which in turn, are considered contracted employeers. Many people choose this form of work since it allows them to work for a variety of businesses and at times that are convenient for them. They are paid per job, therefore they must work multiple jobs per day to make it worthwhile. It may suit many but it is not an easy strategy to support one's family.

If you or someone you love has suffered from a food delivery accident, contact Legal Herald to learn more about your rights.

"You deserve justice and compensation and we will do our part to help." - Paul Anthony

Who Is Responsible For A Food Delivery Driver Accident?

Drivers are expected to deliver between 50-100 packages during off-peak hours. During peak hours, however, the number of deliveries increases dramatically. Orders for large items such as furniture and big-screen TVs increase, making delivery jobs even harder.

Drivers must be alert and focused while driving. They should take care of themselves by eating healthy foods and taking breaks. They should also wear seatbelts when driving.

Drivers are employees, contractors, or gig workers. Commercial vehicle accidents are usually more complex than ordinary motor vehicle collisions because of the many different types of drivers involved. In Texas, insurance companies take an "at fault" approach to car crashes. You'll typically file claims with your negligent driver's insurance company, but before you do, you'll need to figure out if the driver was working for the delivery company as an employee, contractor, or gig worker.

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Commonly Used Food Delivery Apps Accidents

All of these apps have different insurance policies. People use them to order meals. Some of the most common apps are: DoorDash, GrubHub, UberEats, Postmates, and Caviar.

Food delivery apps are very popular. People order food online and get it delivered right to their doorsteps. These apps are very convenient, but when people use them, they often cause accidents. Drivers for these apps are paid by the number of deliveries they do, not by the hours they work. So they may want to make as many trips as possible, even if it takes longer. This could lead to dangerous driving conditions.

Drivers are more likely to speed. They're also more likely to change lanes quickly and without signaling. Food delivery drivers can also get into car accidents that aren't their fault.

Food Delivery Drivers and Insurance - What To Know?

Delivery drivers race from place to place in a bid to deliver their orders on time. This increases the risk of car crashes. Drivers usually find themselves racing from place to place in order to get their deliveries done on time.

You can file a claim against the insurance policy of the driver. The employer of the driver is also liable for your damages.

Who Can Be Held Liable for Damages?

Food delivery drivers should be compensated if they are injured due to negligence by the companies they work for. Companies should also compensate food delivery drivers if they are injured due to other parties' negligence.

For example, drivers must be insured by DoorDash or Postmates before driving for them. Their insurance doesn't kick in until after the driver exhausts his/her own insurance. And even then, it only covers accidents that occur while the driver is delivering.

Grubhub does require drivers to have car insurance, but it doesn't provide them with commercial auto insurance. This means that if you get into an accident while delivering food, the food delivery company won't be liable for damages. However, since every case is different, it's important to contact a personal injury lawyer who can investigate your accident.

Why Are Car Accidents With food Delivery Drivers Complicated?

Food delivery apps consider their drivers as independent contractors, not employees. Drivers are ineligible for overtime, wages, or insurance. Companies can't face as much liability if there is an accident.

Many people assume that if they get injured while using an Uber or Postmates service, they can sue the parent companies. However, this assumption is incorrect. You can sue these companies, but you need to be very careful about your legal rights. 

Most auto accidents involving food delivery drivers involve food delivery companies.

Car Insurance Complications For Food App Delivery Drivers

Ridesharing companies are required by law to carry insurance for their drivers. However, this doesn't mean that you'll be covered if you get into an accident while driving for a rideshare company. You may need to buy additional coverage.

Drivers may be delivering food, but the underlying principle remains the same. Drivers may be delivering people, but the underlying principles remain the same.

Drivers who use their vehicles for deliveries should be sure to carry the proper coverage. Delivery drivers may be required to carry more than one form of insurance, including commercial auto liability, workers' compensation, and general liability.

None of this matters until the drivers are at fault in accidents. If you're injured because of someone else's mistake, then it does matter to you.

Can You Sue Food Delivery Drivers?

Food delivery services like UberEats, Grubhub, and Postmates do not want bad press about their drivers causing accidents. This is why some of them have bought their own liability insurance. Whether or not this coverage applies, depends on when the accident happened. Most food delivery apps won't cover accidents that occur while drivers wait to take orders. Only accidents that occur while drivers are going to restaurants to pick up orders, or to customers' houses to deliver orders, are covered by food delivery services. If the crash happens while the driver is leaving customers' homes, the company will usually not assume liability.

Uber Eats, PostMates, and DoorDashes offer $1 million liability policies that apply during certain phases of the deliveries. Their drivers also have occupational accident coverage if they are injured while delivering food. However, Grubhub does not provide any insurance protection at all.

Drivers must have enough insurance to cover any accidents they may cause while delivering food. In addition, drivers need to be insured for property damage as well.

Filing a Food Delivery Accident Claim

When food delivery drivers get paid per delivery, rather than hourly, they have a higher chance of speeding, reckless lane changes, deliveries while tired, driving while distracted, and other issues. Employers should be held responsible for these problems.

If you were injured in a car accident caused by a food delivery driver, you might be able to file a claim with the company that hired the driver. The company would pay you money for medical bills, lost wages, and pain and suffering. To learn more, contact Legal Herald for details. 

About the Author
Darla Medina
About Darla Medina
Editor: Darla is a content writer with a focus on the legal field. She covers cases of sexual abuse, drunk driving, and preventable violent crime for the Legal Herald. Contact Darla: [email protected] This article was fact checked prior to publishing by this author to ensure compliance with our rigorous editorial standards. We will only use authoritative sources. Our values compel us to provide only trustworthy information. If you find an error, please contact us.
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