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Injured by a Food Delivery Driver? We’re Here to Fight for You.

Based in Houston, Perdue & Kidd has earned a national reputation for handling complex, high-stakes cases with unmatched expertise, relentless determination, and a proven track record of securing significant results for our clients. If you’ve been injured in an accident involving a food delivery driver, book a consultation with us today to discuss your case and explore your legal options.

Man delivering food

The Rising Risk of Food Delivery Accidents

Food delivery drivers often face pressure to meet tight deadlines, leading to risky behaviors such as:

  • Speeding or reckless driving
  • Distracted driving while navigating apps or taking orders
  • Fatigue from long hours
  • Failing to obey traffic laws

When these negligent actions lead to accidents, innocent victims like you can suffer serious injuries and financial losses.

Common Injuries in Food Delivery Accidents

Accidents involving delivery drivers often result in severe, life-changing injuries, including:

  • Broken bones
  • Traumatic brain injuries (TBI)
  • Spinal cord injuries
  • Internal organ damage
  • Emotional distress or PTSD

What Areas of Law Handle These Cases?

Personal Injury Law

Primary Focus: Personal injury law is at the core of most food delivery accident cases. It covers claims where an individual's negligence results in harm to another person.

Examples:

  • Claims against the delivery driver for reckless or negligent driving
  • Seeking compensation for medical expenses, lost wages, pain and suffering, and other damages

Motor Vehicle Accident Law

Primary Focus: Vehicle accidents have specific legal frameworks, including traffic laws, insurance requirements, and fault determinations.

Examples:

  • Proving that the delivery driver violated traffic laws
  • Addressing disputes over insurance coverage and liability

Premises Liability (in Some Cases)

Primary Focus: Premises liability might apply if the accident involves hazardous road conditions or occurs in a parking lot with unsafe design or maintenance.

Examples:

  • A poorly designed parking lot that contributed to the accident
  • Unsafe conditions on private property where the crash occurred

Employer Liability (Vicarious Liability)

Primary Focus: In some cases, the employer (the delivery company) may be held accountable for the actions of their drivers under the principle of vicarious liability.

Examples:

  • Proving that the delivery driver was acting within the scope of their employment at the time of the accident
  • Demonstrating that the company failed to properly vet, train, or supervise the driver

Product Liability

Primary Focus: If the accident is caused by a defect in the delivery vehicle (e.g., faulty brakes), product liability law might apply.

Examples:

  • Suing the vehicle manufacturer for a defective part
  • Holding a repair shop liable for negligent maintenance

Insurance Law

Primary Focus: Dealing with insurance coverage disputes is critical in food delivery accident cases, especially since delivery drivers often use personal vehicles for commercial purposes.

Examples:

  • Determining whether the delivery driver’s personal or commercial insurance applies
  • Identifying gaps in coverage when the delivery company’s policy denies liability

Wrongful Death Law (If Applicable)

Primary Focus: In cases where the accident results in a fatality, wrongful death claims can be pursued on behalf of the deceased’s family.

Examples:

  • Seeking compensation for funeral expenses, lost income, and emotional damages
  • Holding the responsible parties accountable for the loss

Each case may involve one or more of these legal areas and experienced attorneys like those at Perdue & Kidd can navigate these complexities to maximize their clients' recovery.

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Who Can Be Held Liable in a Food Delivery Accident?

Determining liability in a food delivery accident can be challenging, especially when drivers are considered independent contractors by companies like Uber Eats or DoorDash. Our experienced attorneys meticulously investigate your case to identify all liable parties, which may include:

  • The Delivery Driver: If their negligence caused the accident.
  • The Delivery Company: Depending on their policies, insurance coverage, or failure to enforce safe driving standards.
  • Other Third Parties: In cases involving defective vehicles or hazardous road conditions.

Why Choose Perdue & Kidd for Your Case?

Proven Expertise in Complex Cases

With decades of experience and a reputation for securing substantial verdicts, we’re equipped to handle the unique challenges of food delivery accident cases.

Aggressive Representation

We’re not afraid to challenge large corporations and insurance companies to get you the maximum compensation you deserve.

Compassionate Client Care

At Perdue & Kidd, you’re more than just a case number. We take the time to listen to your story, understand your needs, and guide you through every step of the legal process.

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What Kind Of Compensation Can Texas Victims Get?

Economic Damages

These are quantifiable financial losses resulting directly from the accident. They may include:

  • Medical Expenses: Costs for emergency care, hospital stays, surgeries, medications, physical therapy, and future medical treatments related to the injury.
  • Lost Wages: Compensation for income lost due to time missed from work while recovering from injuries.
  • Loss of Earning Capacity: If the injuries prevent the victim from returning to their previous job or earning at the same level, they may be compensated for the difference in earning potential.
  • Property Damage: Repair or replacement costs for damaged vehicles or personal property.
  • Other Out-of-Pocket Costs: Transportation to medical appointments, in-home care, or assistive devices like wheelchairs.

Non-Economic Damages

These compensate victims for the more subjective, non-financial impact of their injuries:

  • Pain and Suffering: Physical pain and discomfort experienced as a result of the accident.
  • Mental Anguish: Emotional distress, anxiety, depression, or PTSD stemming from the accident.
  • Loss of Enjoyment of Life: If injuries prevent the victim from participating in hobbies, activities, or other aspects of the life they once enjoyed.
  • Loss of Consortium: Compensation for the negative impact on a spouse or family relationships caused by the victim’s injuries.

Punitive Damages

Punitive damages may be awarded in cases involving gross negligence or egregious behavior, such as:

  • A delivery driver knowingly driving under the influence or engaging in reckless, dangerous driving behaviors
  • A delivery company demonstrating a willful disregard for safety, such as failing to screen drivers or enforce safe driving policies

Special Considerations in Texas

  • Comparative Fault Rules: Texas follows a modified comparative fault system, meaning victims can recover compensation as long as they are no more than 50% at fault for the accident. However, their award will be reduced by their percentage of fault.
  • Caps on Non-Economic Damages: Texas law imposes caps on non-economic damages in certain cases, like medical malpractice, but these caps do not generally apply to standard personal injury claims.
  • Insurance Coverage Limits: Compensation may also be influenced by the insurance policies held by the delivery driver and the company they work for. Many delivery companies provide liability coverage for drivers, but coverage varies depending on whether the driver was actively delivering at the time of the accident.

Record. Reputation. Results.

Food delivery companies may try to avoid responsibility, but at Perdue & Kidd, we know how to hold them accountable. With over 100 years of combined experience and a track record of securing multi-million-dollar verdicts nationwide, we have the expertise, resources, and reputation to take on even the toughest opponents. Our team includes board-certified trial lawyers in Personal Injury Trial Law and Medical Professional Liability Law, ensuring every case is handled with the highest level of skill and dedication. Led by Donald Kidd and Jim Perdue, Jr., who are recognized leaders in catastrophic personal injury law, our firm has achieved landmark victories in cases ranging from 18-wheeler crashes to medical malpractice and product liability. With appearances on programs like Good Morning America and affiliations with elite organizations like the Summit Council, we are nationally recognized advocates for justice. 

At Perdue & Kidd, we focus on you, not just your case. Unlike large lawsuit mills, we provide personalized, client-centric representation that ensures your story is told effectively and powerfully. When you work with us, you benefit from the same tenacity, honesty, and integrity that have defined our firm for decades.

Whether it’s negotiating with insurance companies or taking your case to trial, we’ll work tirelessly to ensure you receive the compensation you deserve. Let us put our national expertise and reputation to work for you. Contact us today to schedule a free consultation.

Food Delivery Car Accident FAQ

What should I do if the delivery driver flees the scene after an accident?

Can I sue the delivery company even if the driver is classified as an independent contractor?

Do food delivery companies like Uber Eats or DoorDash provide insurance for their drivers?

What types of evidence should I gather for my case?

Can I recover compensation if the delivery driver was using a personal vehicle?

What if the delivery driver was distracted by their phone during the accident?

How long do I have to file a claim in Texas for a food delivery accident?

Can I pursue a claim if my accident occurred in a parking lot or on private property?

What happens if the delivery driver is uninsured or underinsured?

What should I do if the delivery driver flees the scene after an accident?

If the driver leaves the scene, report the hit-and-run to law enforcement immediately. Provide any information you can, such as the vehicle’s description, license plate number, or delivery app they were working for. An attorney can help you investigate the incident and identify the driver or company involved.

Can I sue the delivery company even if the driver is classified as an independent contractor?

Yes, under certain circumstances. If the company failed to properly vet, train, or supervise the driver, or if the accident occurred while the driver was actively working within the scope of their employment, the company may be held liable.

Do food delivery companies like Uber Eats or DoorDash provide insurance for their drivers?

Yes, most companies provide limited insurance coverage for drivers while they are actively delivering. However, coverage varies based on whether the driver was en route to pick up an order, actively delivering, or in between orders.

What types of evidence should I gather for my case?

Key evidence includes:

  • Photos of the accident scene, damages, and injuries
  • Police reports
  • Witness statements and contact information
  • Delivery app records showing the driver’s activity
  • Insurance information for all parties involved

Can I recover compensation if the delivery driver was using a personal vehicle?

Yes, but this can complicate insurance claims. Personal insurance policies often exclude coverage for accidents occurring during commercial activity, making it necessary to pursue compensation through the delivery company’s insurance.

What if the delivery driver was distracted by their phone during the accident?

Distracted driving, such as using a phone to navigate or accept orders, is a common cause of delivery driver accidents. This can establish negligence and strengthen your case for compensation.

How long do I have to file a claim in Texas for a food delivery accident?

In Texas, the statute of limitations for personal injury claims is typically two years from the date of the accident. It’s crucial to consult an attorney promptly to avoid missing this deadline.

Can I pursue a claim if my accident occurred in a parking lot or on private property?

Yes, accidents on private property or in parking lots are still subject to liability laws. Additionally, premises liability may apply if unsafe conditions on the property contributed to the accident.

What happens if the delivery driver is uninsured or underinsured?

If the driver lacks adequate insurance, you may be able to seek compensation through your uninsured/underinsured motorist coverage or by pursuing a claim against the delivery company if applicable.

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