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Uber and companies like it offer convenient services and a flexible way for people to earn money. Although drivers have to meet certain standards to qualify, Uber and its food delivery service, Uber Eats, require limited oversight beyond customer complaints. Other aspects of the work, like the pressure to deliver quickly, can raise the risk of drivers causing an Uber Eats accident.
Injuries from accidents can devastate you and change your life forever. If you need help recovering after suffering catastrophic loss, contact Armstrong Lee & Baker LLP. Our first priority is ensuring our clients get what they need to recover from the harm done. We tailor our case strategies to your unique medical and financial needs. Hiring an experienced delivery driver accident lawyer to help you sue is the best way to maximize your chances of a high recovery.
As of November 2023, to become an Uber driver, you must:
In Houston, the minimum age is 19. If you are under 25, you must have 3 years of driving experience.
Uber Eats loosens some of these restrictions, notably not requiring vehicle inspection. However, delivery drivers have to provide proof of vehicle insurance within 14 days of your first delivery. Uber Eats also allows people to deliver orders by scooter, bike, or on foot. No matter the method of delivery, you must pass a background check.
Lesser requirements mean delivery drivers may be more likely than the average Uber driver to drive an unsafe vehicle. Additionally, rideshare Uber drivers receive star ratings from customers who can screen for unsafe driving practices. Uber Eats customers may never even see their delivery drivers and cannot filter out dangerous drivers. And Uber Eats pays by job rather than by hour. This may encourage drivers to rush, cutting corners to get to the next job.
This decreased oversight, by Uber and customers alike, combined with the incentives Uber Eats’ pay structure provides for fast delivery, can increase the chances of an Uber Eats car accident.
Uber provides insurance coverage for its rideshare and Uber Eats drivers apart from requiring proof of individual coverage. What is covered depends on when an accident occurs.
Uber offers no coverage for drivers when they are not using the app. When a delivery driver activates availability on the driver app or is waiting for a delivery request, Uber offers lower insurance coverage, maxing out at $100,000 for bodily injury per accident. The company provides up to $1,000,000 in third-party liability and contingent comprehensive and collision coverage when drivers are picking up or delivering orders.
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Whether and how much you can recover in an accident depends on who was at fault. Many accident cases are based on negligence, a legal doctrine that applies to car and scooter accidents, as well as accidents involving bikes and on-foot delivery.
To win a negligence case, you have to convince a judge or jury:
Generally, drivers have a duty to act with “reasonable care” on the road. Failing to follow traffic laws is often evidence that a driver acted negligently. Still, you have to show the driver acted negligently based on the unique circumstances involved in the accident.
Although not as common as pure negligence-related traffic cases, you can also be injured by a driver who acted with gross negligence. In addition to the base negligence elements, proving gross negligence requires you to show that the other driver’s conduct involved an “extreme degree of risk,” and they were aware of the risks involved.
Circumstances that may amount to gross negligence include:
Because it requires you to show the other driver’s mental state, proving gross negligence can be more challenging than proving ordinary negligence. However, if you can show gross negligence, you may recover more in damages.
In Texas, you cannot recover damages if you were 51% or more responsible for your own harm. Usually, that means the other driver will claim you were negligent as well. If you were responsible for 50% or less of your own harm, your recovery can be reduced by your percentage of fault.
In a negligence case, you can recover compensatory damages, including economic and noneconomic damages. In a gross negligence case, you may also recover exemplary damages, also known as punitive damages.
Economic damages include actual expenses and losses, like:
Noneconomic damages include less tangible losses, like:
Both types of compensatory damages focus on compensating you for the harm done.
Exemplary damages are designed to punish blameworthy conduct. You can only recover exemplary damages if the case involves more than ordinary negligence.
Suing an Uber Eats driver can be complicated. Delivery drivers are subject to limited oversight and have incentives to drive dangerously, raising the likelihood of accidents. Insurance coverage varies by the timing of an accident, complicating figuring out who is responsible for paying damages.
Personal injury can be debilitating and life-changing. We understand how quickly medical bills and lost wages can add up, so we do not charge a fee unless we get a recovery. Armstrong Lee & Baker LLP’s attorneys can guide you through recovery after an Uber Eats accident. Contact us today for a free consultation.
Scott Armstrong obtains remarkable results for his clients. He has successfully tried numerous cases to favorable verdicts and reached significant settlements on his clients’ behalf, recovering millions for them. Our lawyers have 25+ years of combined experience.
Scott is known for his aggressive approach to every case. He has been recognized as a Rising Star by Super Lawyers, an accolade awarded to only 2.5% of attorneys under forty and practicing for less than ten years. Houstonia Magazine, H-Texas Magazine, and others have recognized Scott as a “top lawyer” in Houston.
This page has been written, edited, and reviewed by a team of lawyers following our comprehensive editorial guidelines. Our lawyers have more than 20 years of legal experience as personal injury attorneys.
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