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.
Have an in-state license and at least one year of US driving experience;
Use an eligible vehicle;
Have your vehicle inspected by a city-approved inspector; and
Pass driving and criminal record screenings.
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.
Risks Posed by Uber Eats Drivers
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’s Insurance Coverage
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.
Negligence
To win a negligence case, you have to convince a judge or jury:
The other person owed you a duty to act with care;
The other person did not act with the level of care they should have;
The person caused you harm; and
That harm resulted in damage.
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.
Gross Negligence
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:
Driving under the influence,
Texting while driving, and
Excessively speeding.
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.
Proportion of Responsibility
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.
Damages
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.
Compensatory
Economic damages include actual expenses and losses, like:
Medical bills,
Lost wages,
Loss of future earnings, and
Property damage.
Noneconomic damages include less tangible losses, like:
Physical and mental pain and suffering,
Loss of consortium and companionship,
Disfigurement or physical impairment,
Inconvenience, and
Loss of enjoyment of life.
Both types of compensatory damages focus on compensating you for the harm done.
Exemplary
Exemplary damages are designed to punish blameworthy conduct. You can only recover exemplary damages if the case involves more than ordinary negligence.
Result
$72,500,000
$72,500,000 settlement for the family of an oilfield worker who lost his life due to negligence and unsafe working conditions.
Result
$35,800,000
$35,800,000 settlement for a refinery worker injured in a flash fire.
Result
$23,600,000
$23,600,000 judgment for mother and daughter severely injured in a passenger bus rollover crash.
Result
$10,000,000
$10,000,000 confidential settlement. Our client was injured in Dallas, Texas.
Result
$8,000,000
$8,000,000 settlement for the family of a tenant abducted and killed due to consistently broken security gates and lack of required 24/7 security at her apartment complex.
Result
$7,220,538.59
$7,220,538.59 settlement for a worker who suffered catastrophic injuries when a malfunctioning industrial press crushed their arm during routine work. The failure of safety sensors and lack of proper oversight led to a life-altering amputation.
Result
$6,000,000
$6,000,000 for a client who suffered internal organ injuries when she crashed a forklift after receiving inadequate training.
Result
$5,500,000
$5,500,000 for client who suffered surgical low back injury while lifting heavy equipment at work.
Result
$5,250,000
$5,250,000 recovered for an oil-rig floorhand who sustained injuries due to an equipment malfunction in cold weather.
Result
$5,000,000
$5,000,000 confidential settlement for construction worker and his family. Our client was injured in Cherokee County, Texas at a construction site. Both of his hands were amputated.
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.
Other Rideshare and Delivery Accident Cases We Handle:
C.J. Baker represents victims with serious injuries and he won’t let any corporation or insurance company stop his clients from getting complete justice. He has won millions of dollars for victims of 18-wheeler crashes, oilfield equipment failures, offshore platform explosions, and defective medical devices. Our lawyers have 25+ years of combined experience.
Josh Lee and the rest of the staff are all amazing. They kept me up to date and informed. I was treated like a priority every time I called, Josh even called me back on a Saturday, when the office was closed. They got me way more money than I thought even possible! I am more than satisfied and so grateful that I chose this firm. If you want a very personable, honest attorney who looks out for your best interest and gets results, call them!
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I couldn’t have asked for better representation. From day one, they took great care of me—not just as a client, but as a person. Throughout the entire injury case from my car accident, they kept me informed, made sure I felt supported, and handled every step with professionalism and confidence. At the end of the day, they got the job done. Grateful to have had them in my corner. Highly recommend.
Carl T.
Google Review
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I originally hired Jim antler and after a year of him stringing me along he declined my case said it wasn’t worth nothing. That’s when I called Adam at Armstrong Lee and Baker him and his associates took care of me like family got all the medical needs taken care of. Got me my next surgery Back on my feet and also got me awarded a check way bigger than what I was expecting. thank you Adam and your associates at Armstrong, Lee and Baker.
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Google Review
I cannot recommend Kelly Viktorin at Armstrong Lee & Baker highly enough. After being injured at work, I was incredibly discouraged as many attorneys wouldn’t take my case due to the complexities involved. From our very first consultation, Kelly and her team jumped right in, demonstrating a level of dedication and expertise that immediately put me at ease. Throughout the entire process, their communication was outstanding. I was consistently kept informed of any updates and felt like a priority. Kelly truly went above and beyond to fight for me, and I am so grateful for her hard work and commitment. If you’re facing a challenging work injury case, especially with a Texas non-subscriber, don’t hesitate to reach out to Kelly Viktorin. You’ll be in excellent hands.
Toby B.
Google Review
When I got injured my company didn’t have workers comp. They had something called non subscriber insurance.
I tried a dozen or more lawyers and no one would take my case.
I lost my house in Texas so right as I was moving back to where I was from, Florida, o call Armstrong and Lee. They said they could take my case. Shortly after I meet Adam Grable.
Adam took the case and unraveled it like a champ. It was a difficult case and that’s why other lawyers didn’t take.
Over the next year, Adam because a friend and a member of the family.
I found him brilliant and personable and when needed he found for me.
In the end, we took a settlement even though Adam told me he had a good shot at trial. He understood i wanted this behind me!
If you ever find yourself needed a lawyer trust me Adam Grable will be on your side!
Armstrong, Lee & Baker did an absolutely wonderful job with my case. The resolution of my case was above and beyond what I expected! Shruti, the associate who handled my case showed great professionalism and I could not be more satisfied with the outcome. Thank you all!...
Tommy Nguyen
Josh Lee has been the best lawyer. He fights hard for you and will not give up until you are paid what you deserve. We were very fortunate to find him and his team. Any questions or concerns he was available day and night to answer anything we needed!
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