The rise of food delivery services like DoorDash has made life more convenient than ever. But with the increase in delivery drivers on the road, there’s also been a rise in accidents involving these workers. A particularly concerning scenario is when a delivery driver hits a pedestrian, leaving the victim not only injured but also facing a confusing legal situation. If you or a loved one has been involved in such an incident, here’s what you need to know about your legal options, potential compensation, and why an experienced attorney is invaluable in these cases.
The Legal Implications for DoorDash Drivers and the Company
When a DoorDash driver hits a pedestrian, the question of liability can quickly become complex. Here’s how the legal responsibilities might play out for both the driver and the company.
The Driver’s Responsibility
Like any other motorist, DoorDash drivers are expected to follow all traffic laws and operate their vehicles safely. If a pedestrian is hit by a delivery driver, the driver may be held liable for negligence if they were speeding, distracted (such as checking their delivery app), or otherwise driving recklessly. The driver’s personal auto insurance might cover the initial damages, but this can depend on the specifics of the policy and the fact that the vehicle was being used for work at the time of the accident.
DoorDash’s Role in Liability
While DoorDash drivers are considered independent contractors rather than employees, the company does offer liability coverage under certain circumstances. DoorDash’s insurance provides up to $1 million in liability coverage if the driver was actively engaged in delivering an order when the accident occurred—meaning they were en route to pick up food or delivering it to a customer. However, if the driver was not on an active delivery, the company’s insurance may not apply, which can leave victims unsure of how to proceed.
Navigating these distinctions can be tricky. An experienced attorney can help identify who is liable and ensure the appropriate parties are held accountable.
Potential Compensation for Victims
If you’ve been hit by a DoorDash driver while walking, you are entitled to pursue compensation for the damages you’ve suffered. The specific amount and type of compensation you can claim depend on the severity of your injuries and the circumstances of the incident.
Economic Damages
These cover the financial losses you’ve incurred, including:
- Medical expenses: Covers hospital bills, emergency treatment, surgeries, rehabilitation costs, and any long-term care you may require.
- Lost wages: If the accident forces you to take time off work, you can claim compensation for the income you’ve lost. This may also include lost earning potential if your injuries affect your ability to work in the future.
- Property damage: If your belongings (such as a phone or clothing) were damaged in the accident, these costs can also be included.
Non-Economic Damages
These damages address the emotional and physical toll the accident has taken on you:
- Pain and suffering: Compensation for the physical pain caused by your injuries.
- Loss of quality of life: If your injuries impact your ability to enjoy activities, hobbies, or everyday routines, you may claim damages for this loss.
- Emotional distress: Serious accidents can lead to lasting mental health struggles, including anxiety, depression, or post-traumatic stress disorder (PTSD).
Punitive Damages
If the delivery driver’s actions were particularly reckless—such as driving under the influence—you might also be eligible for punitive damages. These are designed to punish the at-fault party and deter similar behavior in the future.
Steps Victims Should Take
If you’ve been hit by a delivery driver, your actions in the aftermath can greatly influence the strength of your legal case. Here’s what you should do to protect your rights and improve your chances of securing fair compensation.
1. Seek Medical Attention Immediately
Whether or not your injuries seem severe, see a medical professional as soon as possible. Some injuries can take days or even weeks to become apparent, and having a record of medical treatment establishes a critical link between the accident and your injuries.
2. Gather Evidence at the Scene
If you’re able, take pictures of the scene of the accident, including the vehicle that hit you, your injuries, and any road conditions that may have contributed. If there are witnesses, ask for their contact information—they can provide crucial testimony if needed.
3. Obtain the Driver’s Information
Get the delivery driver’s contact details, insurance information, and information about whether they were actively delivering at the time of the accident.
4. Report the Incident
File a police report to ensure the accident is officially documented. If possible, also report the incident to DoorDash, as their insurance may come into play.
5. Consult an Attorney
It’s important to speak with a personal injury attorney as soon as possible. An attorney will evaluate your case, handle interactions with insurance companies, and advocate on your behalf to ensure you receive the compensation you deserve.
Why You Need an Experienced Attorney
Cases involving DoorDash and other delivery companies can be legally challenging due to the complex relationship between the driver, the company, and their respective insurance policies. An experienced personal injury attorney can help you by:
- Determining liability: They’ll pinpoint whether the driver, DoorDash, or both are responsible for covering your damages.
- Negotiating with insurers: Insurance companies often undervalue claims to save money. An attorney will ensure you’re not pressured into accepting a lowball settlement.
- Building a strong case: With access to expert witnesses, accident reconstruction specialists, and other resources, they’ll gather the evidence needed to strongly present your claim.
- Navigating legal deadlines: Personal injury claims are subject to strict statutes of limitations. An attorney ensures your case is filed on time to preserve your right to pursue compensation.
Moving Forward
Getting hit by a DoorDash driver can turn your life upside down, but you don’t have to face the aftermath alone. By understanding your rights, taking the proper steps, and working with a dedicated legal team, you can hold the liable party accountable and secure the financial recovery you need to heal.
San Jose Pedestrian Accident Attorneys Serve the Bay Area
At Needham Kepner & Fish LLP, we understand the complexities and challenges faced by delivery workers and pedestrians alike. Our experienced team of personal injury attorneys in San Jose, CA, is dedicated to advocating for the rights of individuals affected by delivery-related accidents. If you or a loved one has been involved in an incident and need legal assistance, don't hesitate to reach out to us. Contact us today at (408) 716-1668 to learn how we can help you navigate the legal process and secure the compensation you deserve.