What are My Rights After Being Injured in a DoorDash Accident?

Just when you thought ordering a meal from your favorite Baltimore restaurant could not get any easier, multiple companies are making it even more convenient to get fresh, fast delivery with just a few clicks. The crowdsourcing business model has exploded in popularity for ridesharing through Uber and Lyft, and it has carried over into food delivery with great success. Statistics compiled by Bloomberg Second Measure reveal:

• The global online food delivery services market went from $107.4 in 2019 to $115.07 billion in 2020, and early figures from 2021 show a total of $126.91 billion.
• An analysis on market share from December 2021 reveals that the top food delivery services are DoorDash at 57%, Uber Eats at 24%, and GrubHub at 15%.
• In the first quarter of 2020, the average DoorDash customer spent $175 on food delivery services. For the fourth quarter of 2021, that dollar value rose to $309 per customer.

When applying this data to the supply-demand curve, one point becomes clear: There number of food delivery drivers on the road has significantly increased and will continue to do so in the coming years.

As a result, over the last two years, we have seen a significant increase in the number of accidents involving food delivery drivers. While it is not clear whether the increased number of collisions is due to more drivers on the road or some other factor, several possibilities come to mind;

• Drivers work hard to serve their customers because they know that better ratings lead to higher profit. In the world of food delivery, this requires them to get a hot meal to its destination quickly. In their haste, drivers can be careless.
• Delivery drivers are often traveling in unfamiliar neighborhoods, so confusion can lead to mistakes behind the wheel.

The bottom line here is that is if you were hurt or lost a loved one due to negligence by a DoorDash, Uber Eats, or GrubHub driver, you do have legal options under Maryland law. Food delivery accidents are similar in many ways to other traffic crashes, but it is important to note how these cases work. Some answers to frequently asked questions below may help you understand the basics.

Who is Liable in a DoorDash Accident?

Liability for these crashes works the same as other traffic collisions, so negligence is the focus. To recover compensation in any collision, you must prove that the accident was caused by the at-fault motorist’s failure to exercise reasonable care. Whether or not the ride-share company will provide compensation usually depends on whether or not the delivery driver was in the course of a delivery or whether the ride-share app was engaged. For example, an online food delivery service driver in the course of an app-engaged food delivery, might be negligent by:

• Speeding;
• Running red lights or stop signs;
• Driving while under the influence of alcohol or drugs;
• Failure to yield right of way;
• Texting, talking on the phone, or surfing the internet;
• Engaging in other forms of distracted driving, such as eating, drinking, or adjusting the radio.

Keep in mind that your own actions might be in the spotlight as well in an Uber Eats collision. If you were also careless by breaching the duty of care, Maryland’s contributory negligence law applies and prohibits you from recovering compensation.

How Does Insurance Work for Online Food Delivery Services?

When a driver for Uber Eats, GrubHub, or DoorDash is logged into the app, the insurance policy for the company generally covers accidents caused by the driver’s negligence. Fortunately, most online food delivery services provide at least $1 million in liability coverage. If the driver is not using the app, his or her own personal auto insurance policy may be willing to cover damage related to their insured’s negligence. However, in such circumstances, there may be significantly less coverage available, depending on the tortfeasor’s personal insurance. For example, in Maryland, motorists are required to carry at least $30,000 in bodily injury and $60,000 when there are two or more victims. Thus, the minimum limits required by law might be far less sufficient to cover a catastrophic injury victim’s damages as opposed to a full commercial policy of a ride-share entity. Accordingly, whether or not the at-fault driver was “engaged” in a delivery or not, can become a critical fact to determine in such cases.

What Damages Can I Recover? Again, the standard laws of Maryland car accidents are the same for GrubHub and other online delivery services. Compensation is based upon your losses and how your injuries impact your quality of life. You may qualify to recover for:

• Costs of medical care, including ambulance transport, emergency care, surgery, hospitalization, and other treatment;
• Lost wages, if you were unable to work or limited in what you can earn because of your injuries;
• Pain and suffering;
• Scarring and disfigurement;
• Emotional distress; and,
• Losses based upon how your injuries affect your relationships with a spouse, children, and other loved ones.

In a fatal DoorDash collision, surviving family members have a cause of action for wrongful death. Damages include funeral and burial costs, loss of consortium, education, guidance, financial support, and other contributions.

Does the Maryland statute of limitations apply?

Yes, there is a restriction on how long you have to file a lawsuit in court after a DoorDash accident. Maryland’s statute of limitations gives you three years to sue all at-fault parties, including the driver and online food delivery service company.

Will I Have to Go to Court for a Food Delivery Service Crash?

Many traffic crash claims are resolved via settlement agreement with the insurer, but recall that the coverage limit is $1 million. It is sometimes the case that when the stakes are higher, insurance companies fight harder. In catastrophic injury cases for example, where a claimant has the potential of recovering a commercial policy limit, it is very common for insurance companies to assign their most experienced employees to fight the claimant on every front. Therefore: it is possible, if your injury is serious, that may have to go to court to ensure you receive fair compensation for your losses.

Get Some Personalized Help.

Hopefully, this information answers your questions about DoorDash, Uber Eats, and GrubHub crashes. To learn how our team can assist you with the legal process, and for answers to specific questions regarding your personal circumstances, please contact us to set up a consultation.