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Rights After An Uber Eats Accident
Uber Eats is a well-known food delivery service enabling individuals to order meals from various restaurants and conveniently deliver them to their homes. This quick and easy process is facilitated through a mobile application, offering users a hassle-free and convenient way to satisfy their cravings without stepping outside.
In 2021, Uber Eats experienced significant growth, generating a remarkable $8.3 billion in revenue, representing a remarkable 72% year-on-year increase. The platform’s gross bookings also exceeded $50 billion, solidifying Uber Eats’ position as a dominant player in the food delivery industry. Internationally, Uber Eats boasts an impressive user base of 81 million people, making it the most popular food delivery service worldwide.
However, Uber Eats and other rideshare app-related accidents can lead to potential injuries and legal complications. Understanding why Uber Eats accidents occur and how a personal injury lawyer can assist in such situations is essential. As a victim injured in an accident, it is crucial to understand your legal rights and seek appropriate compensation for your losses.
Contact Arash Law, headed by the esteemed Arash Khorsandi, Esq., today at (888) 488-1391 for a free consultation if you or someone dear to you has experienced an injury due to an unfortunate Uber Eats accident. Take the necessary steps and use this opportunity to safeguard your rights, ensuring you receive the utmost support to progress from this distressing accident. Rest assured that we are here to assist you every step of the way.
Uber Eats Accident Causes
Food delivery drivers can be involved in accidents and sustain different injuries while working. Several factors can contribute to these accidents, regardless of whether the fault lies with the driver. These factors include the following:
- Traffic accidents: Food delivery drivers must often navigate heavy traffic to ensure timely deliveries. In their rush to make deliveries, they may engage in speeding, reckless driving, or running red lights, increasing the risk of accidents.
- Distracted driving: Food delivery drivers may be easily distracted while on the road. They might check their mobile devices, read delivery instructions, or adjust the GPS for new orders. These distractions can lead to accidents, especially if they take their eyes off the road for too long.
- Pedestrian accidents: Food delivery drivers frequently park illegally or improperly, increasing the likelihood of accidents involving pedestrians. Delivery drivers may not be aware that pedestrians are approaching crowded areas, leading to collisions and other accidents.
- Inexperienced or untrained drivers: Food delivery services often hire drivers with limited driving experience. Lack of proper training can lead to poor driving skills and decision-making, contributing to accidents on the road.
- Time pressure: Food delivery drivers are often pressured to deliver orders within a specific timeframe. This can result in rushing, taking shortcuts, or disregarding traffic rules, increasing the likelihood of accidents.
Typical Injuries Sustained From Uber Eats Accidents
Accidents involving Uber Eats delivery drivers can result in various injuries, and both Uber Eats drivers and users must be aware of these potential risks and take necessary precautions to ensure safety on the road.
Commonly reported injuries include:
- Broken Ribs/Collarbones
- Blunt Force Trauma
- Nerve Damage
- Organ Damage
- Airbag Injuries
- Head Injuries like TBI and Concussions
If you sustain an injury caused by an Uber Eats driver, it is advisable not to depend solely on the insurance company or Uber for assistance. It is recommended that you seek the counsel of our Uber accident attorneys at Arash Law, under the leadership of Arash Khorsandi, Esq., who specializes in addressing Uber’s accountability towards victims of accidents caused by delivery drivers. Our dedicated legal team will provide the necessary support to help you fight for your rights.
What to Do When an Uber Eats Accident Happens:
- Ensure Safety First: After an Uber Eats accident, prioritize your safety and the safety of others involved. Move to a safe location away from traffic if possible.
- Check for Injuries: Assess yourself and any passengers for injuries. If anyone is injured, call for medical assistance immediately.
- Contact the Authorities: Call the police to report the accident, even if it seems minor. This will help document the incident and ensure an official report is filed.
- Gather Information: Exchange contact and insurance details with the other parties involved in the accident, including the Uber Eats driver. Collect their name, phone number, license plate number, and insurance information.
- Document the Scene: Take photos or videos of the accident scene, including the vehicles involved, damages, and any visible injuries. This evidence may be helpful when filing an insurance claim.
- Seek Medical Attention: Even if you don’t have visible injuries, seeking medical attention is essential, as some injuries can have delayed symptoms. Obtain a medical report to document any injuries sustained during the accident.
- Notify Your Insurance Company: Inform your insurance provider about the accident. Provide them with the necessary details and any documentation you have gathered.
- Preserve Evidence: Keep all documents related to the accident, such as police reports, medical records, and communication with Uber Eats or the driver. These will be crucial when filing an insurance claim or seeking legal assistance.
- Consult a Legal Professional: Consult a Uber accident lawyer if you experience difficulties with insurance claims or face significant damages.
Liability When Food App Driver Causes Crash in California
When a food app driver causes a crash in California, it questions liability and who is responsible for the damages. Below are the details outlining the legal framework and potential liability of the parties involved.
- Liability of the Food App Company
In California, when a food app driver causes a crash, the company may be liable under certain circumstances. According to the legal concept of vicarious liability, an employer can be held responsible for its employee’s actions if they were performed within the scope of their employment.
In the context of a food app driver, if the driver was delivering food during the crash, the food app company could likely be liable for any damages caused.
- Liability of the Food App Driver
The food app driver, as an individual, may also bear liability for causing a crash. If the driver was negligent in their actions, such as speeding, texting while driving, or failing to obey traffic laws, they could be held directly responsible for the damages resulting from the crash.
- Comparative Negligence
California follows the doctrine of comparative negligence, which means that liability can be shared among multiple parties based on their respective degrees of fault. In cases where both the food app driver and the other party involved in the crash are found to have contributed to the accident, the court may assign a percentage of fault to each party and determine the damages accordingly.
Insurance Coverages Offered by Food Delivery Companies to Their Drivers
Below is an overview of the insurance policies offered by three of the most popular food delivery service companies:
1. DoorDash ensures its drivers are covered with excess auto insurance, explicitly addressing property damage or bodily injury resulting from incidents involving third parties. In an unfortunate accident, the driver’s auto insurance is the primary coverage. However, if the damages surpass the driver’s policy limit and the accident occurs during an active delivery, DoorDash’s contingent liability policy of $1 million becomes applicable.
It is important to note that this contingent liability policy only occurs when the driver possesses goods intended for delivery, specifically while driving from the restaurant to the delivery destination, and not during trips to pick up restaurant items.
As of June 2019, all U.S. Dashers, the designated term for DoorDash drivers, are automatically eligible for occupational accident insurance coverage without any charges. This comprehensive coverage entails the following:
- Medical expenses: Up to $1,000,000 with no deductible or co-pay.
- Disability payments: Up to $500 per week
- Survivor payments: Up to $150,000 for eligible dependents in unfortunate circumstances.
2. Postmates goes above and beyond to safeguard third-party claims by offering an impressive excess liability coverage, which occurs once the driver’s auto insurance has reached its limit.
Furthermore, they extend the coverage to include occupational accident insurance, which covers medical expenses and lost income, covering costs up to the policy limits. The insurance presents a range of benefits and protections designed to support the drivers:
- Accident medical expense coverage: Up to $1,000,000 (with no deductible or copay).
- Accidental death benefit: Up to $100,000.
- Survivors benefit: Up to $100,000.
- Continuous total disability benefit: Up to $500 weekly in on-demand service replacement earnings.
- Temporary total disability benefit: Up to $500 weekly in on-demand services replacement earnings.
- Accidental dismemberment benefit: Up to $200,000.
You should be aware that the insurance coverage for accidental death, survivors’ benefits, accidental dismemberment, and paralysis benefits is subject to reduction if the driver is 65 or older.
3. Uber Eats extends coverage that closely resembles the insurance provided to UberX drivers. Uber has clarified their policies on their website as follows:
- Liability Coverage: Uber holds a commercial insurance policy offering $1 million of liability coverage per incident. This coverage applies from the moment a driver accepts a delivery request until the completion of the delivery, ensuring drivers’ liability to third parties is fully addressed.
- Contingent Comprehensive and Collision Insurance: If a delivery partner possesses personal comprehensive and collision insurance, this policy covers any physical damage to the vehicle during a trip, up to the actual cash value, with a $1,000 deductible.
- Coverage Between Trips: Even when a ride-sharing partner is available but not actively making deliveries, some personal auto insurance policies may provide coverage, but this is only sometimes true. To bridge any gaps in coverage if the driver’s insurance doesn’t provide sufficient coverage during this period, Uber Eats offers a policy that protects the driver’s liability for bodily injury up to
- $50,000 per individual
- $100,000 per accident
- $25,000 per property damage
Injured in an Uber Eats Accident? Reach Out to Our Legal Experts Today!
If you have been injured in an Uber Eats accident, it is crucial to understand your rights and seek legal assistance. Our award-winning California injury law firm specializes in handling personal injury cases related to Uber Eats accidents, and our team of experienced legal experts is here to help you navigate the complexities of your case. Whether you were a pedestrian, a driver, or a passenger involved in an accident with an Uber Eats vehicle, our dedicated team will fight tirelessly to ensure you receive the compensation you deserve.
When you choose Arash Law and the team led by Arash Khorsandi, Esq., to represent you in your Uber Eats accident case, you can rest assured that you are in capable hands. Our legal team has a proven track record of success in handling personal injury cases, and we have helped numerous clients recover substantial compensation for their injuries and other damages – recovering over $750 million for our clients.
We are dedicated to holding Uber Eats and its drivers accountable for their negligence and ensuring you receive fair compensation for your medical expenses, lost wages, pain and suffering, and more.
Having our personal injury law firm on your side allows you to concentrate on your recovery while we manage the legal aspects of your Uber Eats accident case. Contact us today at (888) 488-1391 to arrange a complimentary consultation and take the initial step toward securing the compensation rightfully owed you. Let us fight for your rights.
