Uber Eats and DoorDash are among the leading food delivery services in Los Angeles, with hundreds of orders placed and fulfilled each day. Los Angeles’ large population and high order demands means that large quantities of delivery drivers are on the road each day, traveling across the city’s neighborhoods to complete orders.
Food delivery drivers frequently navigate high-traffic, unfamiliar areas and make frequent stops as they work to complete deliveries in a timely fashion. As a result, food delivery drivers may face additional risks in comparison to other motorists and, in some circumstances, may be more likely to cause motor vehicle accidents.
When a food delivery-related car accident occurs, pursuing a claim can be complicated, whether you are a food delivery driver, motorist, passenger, or pedestrian. Below, our DoorDash accident lawyers explain how liability may be determined in these cases, using DoorDash and its policies as an example.
What Are the Main Causes of Food Delivery and DoorDash Accidents?
Food delivery drivers may face additional risks while completing orders compared to other motorists. Some of the most common causes of DoorDash and food delivery driver accidents include:
- Distracted Driving: Drivers may be distracted by devices while accepting new orders, looking at GPS directions, or messaging customers about their order.
- Speeding: Drivers are generally compensated on the orders they complete rather than by an hourly wage. This structure can lead drivers to fulfill orders as quickly as possible to maximize time and payment.
- Sudden Braking and Dangerous Parking: While locating restaurants and searching for parking, food delivery drivers may suddenly stop, brake, or park in unsafe and unauthorized locations to quickly grab orders.
- Unfamiliar Roads: Many drivers pick up and drop off orders in unfamiliar neighborhoods, requiring them to navigate unknown traffic patterns, roads, and intersections.
How to Prove Negligence and Liability in a DoorDash Accident
Accidents can occur for a variety of reasons. If you are injured in a collision and want to pursue damages, you generally must establish that the other party was negligent and that their negligence caused your injuries. Typically, negligence is established by proving the four elements below:
- Duty of care: The defendant has the responsibility to operate their vehicle safely and follow traffic laws.
- Breach of duty: The defendant failed to operate the vehicle responsibly and comply with traffic laws, and therefore acted negligently.
- Causation: The defendant’s negligent actions directly caused or contributed to the accident and resulting injuries.
- Damages: The plaintiff suffered actual harm, losses, or injuries as a result of the accident.
Example of Negligence in a DoorDash Accident
Negligence in a DoorDash accident may appear as a driver fulfilling an order and, in doing so, driving above the posted legal speed limit. Due to the driver’s high speed, they end up losing control of the car and crash into another motorist, resulting in severe injuries.
In this situation, the DoorDash driver had a responsibility to other motorists to operate their vehicle safely and comply with the legal speed limit. If proven that the driver’s speed caused the accident and the other motorist’s injuries, the injured driver may have a basis to prove negligence.
Establishing Liability
Determining liability comes after proving negligence. Liability refers to the legal responsibility for an accident, injury, or damage caused to another person. However, proving liability in accidents involving DoorDash drivers can be further complicated by determining whether DoorDash, the delivery driver, or another party is responsible for covering the resulting damages.
Who Pays for Compensation for DoorDash Accidents?
If you are involved in an accident with a DoorDash driver, the party responsible for compensation will ultimately depend on the driver’s DoorDash app status at the time of the accident. Specifically, whether the driver’s app shows they were actively completing a delivery, waiting for an order, or had the app completely turned off will dictate whether compensation will be provided by DoorDash or the driver. In California, the coverage for DoorDash drivers is as follows.
Coverage for DoorDash Drivers Actively Completing a Delivery
DoorDash defines an “active delivery” as the period from order acceptance to drop-off. During this time frame, in California, DoorDash maintains $1,000,000 in third-party liability coverage.
This means that even if the DoorDash driver was at fault, DoorDash will cover up to $1,000,000 in bodily injury and/or property damage to third parties. The driver’s personal policy may also apply, but it is essential to confirm with one’s insurer. As for vehicle damage, DoorDash does not provide any coverage.
Coverage for DoorDash Drivers Awaiting an Offer
In California, DoorDash does not maintain coverage for drivers awaiting an offer. Drivers’ personal auto insurance and vehicle-damage coverage may apply, but it is recommended to confirm with their insurer.
Coverage for DoorDash Drivers While the App is Off
While the app is off, DoorDash maintains no coverage. The driver’s personal auto insurance policy will apply, along with their vehicle-damage coverage, but once again it is recommended to confirm coverage with their insurer.
Several factors can determine who is responsible for one’s compensation, including the driver’s delivery status at the time of the accident. Working with a Los Angeles personal injury lawyer can help you understand how DoorDash’s insurance coverage applies to your situation, navigate the claim process, and pursue the compensation you are entitled to.
Frequently Asked Questions
What Happens if I Am Partially At-Fault for an Accident Involving a DoorDash Driver?
California operates under a comparative negligence rule, meaning you can still recover damages even if you are partially at fault. However, your available recoverable damages will be reduced by your percentage of fault.
Does DoorDash Provide Compensation for Accidents?
DoorDash typically only pays for accidents that happen during an active delivery.
Can I Pursue Legal Action Against DoorDash if Their Driver Caused My Accident?
Generally, you can pursue legal action against the DoorDash driver for their negligence in causing the accident. In some cases, you may also have grounds to file a claim against DoorDash depending on the circumstances of the accident and applicable law. For example, if DoorDash negligently hired an unsafe driver, despite a known history of dangerous driving, you may be able to pursue a claim against the company. If you are planning to pursue legal action, it is advisable to speak with a DoorDash food delivery accident lawyer to explore the specifics of your case.
What Happens if the DoorDash Driver Involved in the Accident Is Uninsured?
DoorDash requires its drivers to carry their state’s minimum insurance coverage, however, coverage may vary depending on the circumstances of the accident and whether the driver was actively making a delivery. If you are involved in an accident with an uninsured DoorDash driver, you should consider speaking with a personal injury lawyer (Los Angeles) to discuss what legal options may still be available.
What Should I Do if I Was Injured by a DoorDash Driver?
If you are injured in an accident involving a DoorDash driver, it is important to seek medical care, call the police, collect evidence, and gather contact information. After this, it is recommended to speak with a DoorDash food delivery accident attorney to discuss your legal options and whether you may be entitled to compensation.
Contact a Personal Injury Attorney (Los Angeles, CA) Today
John J. Perlstein is a widely respected personal injury attorney, with over 25 years of experience serving car accident victims in the Los Angeles region. As food-delivery services continue to grow in popularity, the risk of accidents involving food delivery drivers increases as well. These accidents can be difficult to navigate, which is why it is essential to have experienced California food delivery accident attorneys by your side.
If you have been involved in a DoorDash accident, contact the Law Office of John J. Perlstein today by calling 213.252.1070 or filling out this form to schedule a free consultation. Highly experienced DoorDash food delivery accident lawyer (Los Angeles) John J. Perlstein will work to ensure you are properly represented and pursue the compensation you deserve.