How Do You Qualify to Drive for DoorDash?
DoorDash requires little of its drivers. To qualify, you must:
- Provide proof of insurance,
- Have a Social Security Number, and
In many cities, including Houston, you can also deliver for DoorDash on a bike.
Why Might DoorDash Drivers Cause Accidents?
DoorDash does not require drivers to verify their vehicle is in good or even safe condition. Although this system offers flexibility for drivers, it increases the chances they will drive with vehicles in poor working condition. And DoorDash does not require delivery drivers to have any experience to start delivering.
How you find jobs and how DoorDash pays also do not reward safe driving. The amount a driver will earn is determined at the outset rather than based on how long a job takes, incentivizing drivers to rush. Plus, drivers have to look through the DoorDash app to find jobs. Drivers hoping to maximize their earnings have incentives to search for jobs while driving, endangering those around them.
Can You Sue DoorDash?
The law considers delivery drivers working for companies like DoorDash or Uber to be independent contractors. Although you can usually sue a person’s employer if they injure you during the course of their work, independent contractors do not, in a technical sense, have employers. This means that, generally, if a DoorDash driver injures you, you sue the driver.
Does DoorDash Provide Insurance?
Despite being independent contractors, delivery drivers are covered by DoorDash insurance during the “delivery service period.” This period begins when a driver accepts a delivery request and ends when the delivery is marked as complete. As a result, when drivers are active on the delivery app but not on a job, they are not covered. Significantly, DoorDash’s insurance only kicks in when drivers are liable for an accident, and their insurance has denied coverage.
What Legal Claims Might You Have?
If you were involved in an accident with a DoorDash driver, you may be unsure what the next step is. Figuring out what to do in your unique situation will likely require the assistance of a DoorDash accident lawyer. However, you will probably discuss negligence with your attorney.
Negligence
Most personal injury cases rely on the legal theory of negligence. If you ask a lawyer, they will likely tell you that negligence requires you to prove:
- The defendant owed a duty of care;
- The defendant breached their duty;
- The defendant’s breach was the cause-in-fact of injury to the plaintiff;
- The defendant’s breach proximately caused the injury; and
- The plaintiff suffered damages.
Reducing the legalese, you show negligence by:
- Proving you (the plaintiff) suffered harm (damages);
- Another person (the defendant) actually caused your harm (proximate cause);
- The harm would not have occurred if the other person had not acted how they did (cause-in-fact);
- The other person should have acted with reasonable care toward you (duty of care);
- The other person failed to act with the necessary care (breach).
Although the usual formulation places harm last, it helps to place the injury, the very reason you are considering legal action, first. Showing injury in negligence cases tends to be relatively simple, with some exceptions. Many cases turn on proving actual causation and breach.
Causation is usually a matter of applying logic to the circumstances. And drivers generally owe other drivers, pedestrians, and others a duty to act reasonably. Violating traffic laws often breaches this duty, but each case depends on its unique facts.
Proportionate Responsibility
When you sue for negligence, one defense the defendant may raise is that you caused or at least contributed to your own harm. In Texas, you cannot recover for negligence if you were 51% or more responsible for your harm. If you were 50% or less responsible, you can recover, but your recovery may be reduced by the percentage of fault you have for your injuries.
What Can You Recover?
Personal injuries are often devastating and leave you on a long road to recovery. You may have overwhelming medical bills from injuries that limit your earning options or prevent you from earning an income temporarily or permanently. Legal damages can help compensate for these losses and help you take your life back.
Damages
When you sue, you can typically recover economic and noneconomic damages, together known as compensatory damages. These damages are intended to compensate you for the harm already done and the harm you are likely to experience in the future.
Economic damages include tangible values, like:
Noneconomic damages are typically harder to measure and include things like:
- Disfigurement or physical impairment,
- Physical and mental pain and suffering,
- Loss of consortium and companionship, and
- Loss of enjoyment of life.
In cases where the defendant was particularly flippant about the risk of harm their actions posed, you may also be able to recover exemplary or punitive damages. These damages do not compensate for harm but punish bad conduct.
Settlements
Most lawsuits settle before reaching trial. Your DoorDash lawyer will fight to get you the best possible DoorDash accident settlement. Having an experienced attorney negotiate on your behalf makes all the difference when dealing with insurance companies that try to lowball you and convince you to accept less than your case is worth.
DoorDash Lawyers Who Will Fight for You
Recovering physically and mentally after an accident is hard enough. You should not have to worry about how you will financially recover as well. The experienced DoorDash lawyers at Armstrong Lee & Baker LLP can help you fight to get what you need, and we do not charge anything unless you recover.
