Food delivery drivers continue to have a prominent presence in road traffic, especially with food delivery apps like Postmates and DoorDash making restaurants that normally don’t deliver more accessible. When people get into accidents with food delivery drivers, a common question is: who is liable for damages?
If you or a loved one was injured in a Baltimore car accident involving a food delivery driver, a personal injury lawyer from our law firm wants to review the case. Our team at the Law Offices of Adam M. Smallow helps accident victims fight for compensation, and we may be able to help you do the same once we speak to you in a free consultation.
Our Team Can Identify Who May Be Liable for Your Car Accident
One key question to ask when a food delivery driver is involved in a car accident is whether they are an employee or a contractor, as this can change who has liability for the accident.
If the food delivery driver works as a contractor, they may be held liable for damages they cause in an accident. In that case, you would file a personal injury claim against their insurer. However, if they worked for another company as an employee, their employer may be vicariously liable for their actions.
In some cases, you may be able to take action against multiple parties, depending on their role in the accident. Our team can review the accident report and other case details to identify the liable party.
When Food Delivery App Companies Are Involved
Some complications may come in when food delivery app companies are involved, such as Postmates, DoorDash, GrubHub, and UberEats. As more tech-centric delivery services become available to the public, the definitions for liability can vary based on each company’s insurance policy.
For example, the following companies have certain liability policies in place:
- UberEATS: UberEATS offers similar coverage to delivery drivers as their standard rideshare drivers, in that drivers must have their own auto insurance coverage but can receive coverage from Uber if they were engaging with the app at the time.
- Postmates: Postmates offers Occupational Accident Insurance to delivery drivers in all states except California; however, drivers must still have their own auto insurance coverage. Their policy covers various damages, from medical expenses to total disability.
- DoorDash: DoorDash provides auto insurance for delivery drivers only in instances where they cause damages to others while actively engaging in a delivery.
If your accident involves a food delivery company not listed here, our team can review their policy terms to see whether they may be held liable.
Other potentially liable parties
Beyond the delivery driver and the company they work for, other potentially liable parties in this type of accident case include:
- The maintenance company that last worked on the delivery vehicle
- The delivery vehicle manufacturer
- A municipality in charge of road upkeep for the area where the accident occurred
- A third party, such as another driver
For legal consultation with a food delivery car accidents attorney in Baltimore, call (410)886-6215
Next, Our Team Focuses on Calculating the Value of Your Case
While reviewing the case, we can begin to categorize your damages and calculate their value. This is a crucial step in building a case, as it gives us an idea of how much compensation we should pursue based on your past, current, and future damages.
We may pursue compensation for the following types of damages:
- Property damage
- Income loss
- Medical expenses
- Reduced earning capacity
- Pain and suffering
- Emotional anguish
- Physical disfigurement
- Diminished quality of life
- Costs for other care services, such as childcare or homecare
- Other out-of-pocket expenses, such as prescription medicines or medical equipment
We want to be as thorough as possible when assessing damages, so you may be eligible to pursue compensation for other damages not listed here.
Wrongful Death Damages
If you are unfortunately grieving over a loved one who passed away in an accident involving a food delivery driver, a lawyer from our team can also help pursue damages related to their death.
These damages are referred to as wrongful death damages and may include:
- Funeral service expenses
- Burial or cremation expenses
- Loss of consortium
- Loss of society
- Loss of financial income and benefits from your loved one
- Loss of parental guidance or companionship
Baltimore Food Delivery Car Accident Attorney (410)886-6215
Our Law Firm Provides Other Services to Help Build Your Car Accident Case
While we have mentioned our dedication to identifying the liable party in your case and calculating the damages, our team will also perform other legal duties to cater to you as our client and prepare the case for litigation.
These services include:
- Conducting a separate investigation into the case to retrieve evidence, such as the crash report or witness testimony
- Speaking with interested parties on your behalf, such as with insurance companies
- Being available via email, phone, and text when you want legal advice (we also give out a unique texting number)
- Referring you to a medical provider if necessary
- Representing you when negotiating a settlement or presenting the case in court
Pay Attention to How Long You Have to File a Personal Injury Case
Some statutory deadlines to be aware of if you intend to file a civil action lawsuit include:
- Cts. & Jud. Proc. Code § 5-101: This statute gives plaintiffs about three years following an injury to file a personal injury lawsuit.
- Cts. & Jud. Proc. Code § 3-904: This statute gives plaintiffs about three years following a loved one’s death to file a wrongful death lawsuit on behalf of the victim.
It may be in your interest to start building a case as soon as possible because it could get dismissed if you fail to meet the case’s filing deadline. If that happens, you may lose the ability to pursue compensation and recover damages.
Our team can help gather materials for the case and file accordingly.
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Call the Law Offices of Adam M. Smallow After an Accident with a Delivery Driver
If you or a loved one was in a car accident with a food delivery driver in Baltimore, call the Law Offices of Adam M. Smallow at (410) 877-6021 for a free consultation about your case. A personal injury lawyer from our team could help you hold the delivery driver, the company they work for, or another liable party accountable for your damages. Start building a case today.