Delivery apps like DoorDash and Uber Eats have become more and more popular over recent years, and with this popularity, there has been a spike in the number of delivery drivers on the roads. Because delivery drivers are often distracted, rushing from location to location, and driving in unfamiliar neighborhoods, they are at an increased risk of causing accidents compared to other drivers.
If you were involved in an accident with a delivery app driver, you may have a few options for seeking compensation. A personal injury lawyer in New York can review your case and help you understand how to proceed.
Common Causes of Delivery App Driver Accidents
Food delivery apps make up a significant market share, with worldwide food delivery revenues estimated at over one trillion U.S. dollars in 2023. Approximately 28.2% of Americans use these services at least once per week, and this figure increases to nearly 40% for Gen Zers and Millennials.
The requirements to become a delivery app driver are often relatively simple. Individuals can sign up to deliver through DoorDash and similar apps with just a simple application, background check, and insurance verification, even if they have no experience driving for a job.
Delivery app driver accidents are fairly common for a few reasons:
- Distracted driving: Delivery drivers face a range of distractions, such as new orders popping up on their apps, messages from customers, changes to orders, etc. Distracted driving is a common cause of accidents.
- Time constraints: Delivery drivers are often under strict time constraints to deliver orders as quickly as possible. This may lead to speeding and unsafe driving maneuvers.
- Unfamiliarity with the area: Drivers can receive orders within a large radius, which often means they are delivering food to areas of town they are unfamiliar with. Driving in an unfamiliar area increases the risk of accidents.
- Fatigue from long hours: Many delivery drivers work long hours or late at night, when people are more likely to order food delivery rather than picking it up themselves. As a result, they might be fatigued, impacting their reaction times and decision-making abilities.
- Frequent, abrupt stops: When picking up and delivering multiple orders in a single batch, delivery drivers need to make frequent stops, which can lead to rear-end accidents or parking in congested areas.
All of these common causes of accidents can lead to personal injury claims against delivery services and drivers.
Who Is Liable for an Accident Involving a Delivery App Driver
Who pays for an accident involving a delivery app driver? The answer is nuanced and depends on the circumstances surrounding the accident, who was at fault, whether or not the delivery driver had the app open at the time of the accident, and a range of other factors. A personal injury lawyer in New York can help you understand liability in your accident case.
New York’s no-fault insurance laws mean that, in many cases, all parties involved in an accident file a claim through their own personal injury protection (PIP) insurance. You would only seek compensation from the at-fault party if you meet the serious injury threshold or have more than $50,000 in basic economic losses from the accident.
At that point, you might pursue a claim against any of the following parties, depending on the circumstances of the accident.
The Delivery App
Laws surrounding vicarious liability of employers don’t necessarily apply to gig workers. Delivery app drivers are often considered freelancers rather than W-2 employees, so employer liability for car accidents may not be applicable. However, many rideshare and delivery apps do have extensive liability insurance policies in place that can pay for accident expenses in some scenarios.
These insurance policies often only cover accidents that happen while the driver has the app open and is in the process of picking up or delivering an order. More limited insurance may apply when the driver has the app open but is in between orders.
Your personal injury attorney in Queens, NY, can help you review the relevant app’s insurance policy to understand whether it may apply to your compensation for car accident injuries.
The Driver
If the delivery app driver was at fault in your accident and the app’s liability insurance doesn’t apply, you may be able to file a claim through the driver’s personal auto insurance. New York requires drivers to maintain at least the following liability coverage:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $10,000 for property damage per accident
If your accident exceeds these costs, you may explore pursuing a lawsuit against the at-fault driver to seek additional damages. Your personal injury lawyer in New York can help you understand the grounds for legal action.
Another Party
Perhaps another party was partially liable in your accident, such as another driver, a manufacturer of defective vehicle parts, or an auto repair shop that failed to properly maintain or repair a vehicle involved in the accident. Your personal injury lawyer can help you explore all potential avenues for liability and compensation.
Speak With a Personal Injury Lawyer in Queens, NY
An experienced attorney can explain your legal rights after a delivery app driver causes an accident. Elliot Ifraimoff & Associates, PC, represents car accident victims across Queens. Whether you need help choosing the right car accident lawyer or exploring the compensation process, we can provide guidance during your free initial consultation.
Call 718-205-1010 today to schedule your consultation.
Preguntas frecuentes
What is the statute of limitations for a car accident case in New York?
The statute of limitations in New York for car accident cases and other personal injury cases is generally three years from the accident date.
How do you establish negligence in motor vehicle accidents?
Evidence like photos and videos of the accident and witness testimonies can help establish negligence in motor vehicle accidents to inform your compensation process.
Is DoorDash liable for the accidents its drivers cause?
In some cases, DoorDash assumes liability for accidents its drivers cause. Contact a personal injury lawyer in New York for guidance about your case.