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Hold GrubHub Drivers Accountable: Legal Expertise from Perdue & Kidd

If you or a loved one has been injured in an accident caused by a GrubHub driver, the personal injury attorneys at Perdue & Kidd are here to fight for the justice and compensation you deserve. With decades of experience and a proven track record of success, we have the resources and expertise to take on even the most complex cases. Contact us today to schedule your free consultation and let us start building a strong case for you.

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Common Causes of GrubHub Driver Accidents

Delivery drivers face unique pressures that can lead to reckless or negligent behavior, including:

  • Distracted Driving: Drivers may use GPS apps, check delivery updates, or respond to messages while driving.
  • Speeding: Tight deadlines often encourage unsafe speeds to deliver orders on time.
  • Fatigue: Long hours behind the wheel can impair reaction times and judgment.
  • Failure to Obey Traffic Laws: Running red lights, failing to yield, or illegal parking can lead to accidents.

Injuries Caused by Delivery Driver Negligence

Accidents involving delivery drivers can result in severe injuries, such as:

  • Traumatic brain injuries (TBIs)
  • Spinal cord injuries
  • Broken bones
  • Internal injuries
  • Soft tissue damage
  • Wrongful death

Areas of Law That Cover GrubHub Driver Accidents

Personal Injury Law

Personal injury law governs cases where an individual is injured due to the negligence of another party. Victims of accidents caused by GrubHub drivers can pursue compensation for medical expenses, lost wages, pain and suffering, and other damages under this legal framework.

Motor Vehicle Accident Law

This subset of personal injury law specifically deals with accidents involving vehicles. It covers issues like proving fault, insurance claims, and compensation for injuries and property damage resulting from the accident.

Product Liability Law  

If a defective vehicle or part contributed to the accident—such as faulty brakes or a malfunctioning GPS system—product liability law may apply. Manufacturers, distributors, or retailers of the defective product could be held accountable.

Employer Liability Law 

Although GrubHub drivers are often classified as independent contractors, certain cases may explore the possibility of employer liability. If GrubHub’s policies, practices, or insurance coverage contributed to unsafe driving conditions, the company could be partially responsible.

Insurance Law  

Delivery drivers may rely on personal auto insurance, supplemental policies, or coverage provided by GrubHub during active deliveries. Insurance law governs disputes over coverage and compensation when multiple policies or parties are involved.

Wrongful Death Law  

In cases where an accident caused by a GrubHub driver results in a fatality, the victim’s family may pursue a wrongful death claim to seek compensation for their loss.

Traffic Law Violations  

If the accident involves violations of traffic laws—such as speeding, running red lights, or distracted driving—these infractions can play a critical role in proving negligence in the case.

Who Can Be Held Liable in a GrubHub Driver Accident?

The Driver  

If a GrubHub driver acted negligently—such as speeding or distracted driving—they can be held personally responsible for an accident. As independent contractors, drivers usually need their own auto insurance, but personal policies may not cover accidents during commercial activities, complicating claims. Our team will investigate the driver’s negligence and ensure the right claims are filed.

GrubHub  

Although GrubHub drivers are classified as independent contractors, there are circumstances where the company itself may share liability. For instance:  

  • Insurance Coverage During Deliveries: GrubHub provides limited insurance coverage for drivers while they are actively making deliveries. If the driver’s personal insurance is insufficient, GrubHub’s policy may apply.  
  • Unsafe Policies or Practices: If GrubHub’s operational policies, such as strict delivery deadlines or inadequate screening processes, contribute to reckless driving, the company may bear partial responsibility.  
  • Failure to Address Known Risks: If GrubHub was aware of previous safety complaints or violations involving the driver and allowed them to continue working, the company’s negligence may also be a factor.  

Proving corporate liability often involves gathering evidence such as company records, policies, and prior complaints to demonstrate how GrubHub’s actions (or inaction) contributed to the accident.

Other Parties  

  • Vehicle Manufacturers: If a defect in the GrubHub driver’s vehicle—such as faulty brakes or airbags—contributed to the accident, the manufacturer or distributor of the defective part may be held liable under product liability law.
  • Third-Party Employers: In some cases, delivery drivers may work for third-party logistics companies contracted by GrubHub. If the driver was operating under such an arrangement, the logistics company may share responsibility for failing to properly train, monitor, or vet the driver.
  • Other Drivers: If another driver on the road contributed to the accident, they may also share liability.  
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How Perdue & Kidd Can Help  

At Perdue & Kidd, we understand that identifying all liable parties is essential to building a strong case and maximizing your compensation. Our legal team will:  

  • Conduct a thorough investigation, including reviewing accident reports, eyewitness accounts, and driver activity logs  
  • Examine GrubHub’s policies and insurance coverage to determine the extent of the company’s liability  
  • Collaborate with expert witnesses, such as accident reconstruction specialists, to establish negligence and causation  
  • Pursue claims against all responsible parties, ensuring no stone is left unturned in your pursuit of justice

Compensation for Victims of GrubHub Driver Accidents in Texas

Economic Damages  

These damages are intended to cover the financial losses directly resulting from the accident. Examples include:  

  • Medical Expenses: Reimbursement for hospital stays, surgeries, physical therapy, medications, and future medical care related to the injury.
  • Lost Wages: Compensation for income lost due to time off work while recovering from the accident.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or earning the same income, you may be compensated for the difference in future earnings.
  • Property Damage: Costs to repair or replace your vehicle or other personal property damaged in the accident.  

Non-Economic Damages  

These damages address the non-financial impact of the accident on your life, which can be significant. Examples include:  

  • Pain and Suffering: Compensation for physical pain and discomfort caused by your injuries.  
  • Emotional Distress: Recovery for psychological trauma, such as anxiety, depression, or PTSD, resulting from the accident.  
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in activities or hobbies you once enjoyed, you may be entitled to compensation.  
  • Disfigurement or Physical Impairment: Damages awarded for permanent scarring, disfigurement, or disability resulting from the accident.  

Punitive Damages  

In rare cases, Texas courts may award punitive damages if the driver or another liable party demonstrated gross negligence or willful misconduct. These damages are intended to punish the wrongdoer and deter similar behavior in the future. Examples include:  

  • Reckless driving, such as excessive speeding or driving under the influence  
  • A company’s failure to address known safety concerns or enforce reasonable safety standards  

Texas’ Modified Comparative Fault Rule

Under Texas law, accident victims can recover compensation even if they are partially at fault, as long as their share of the blame does not exceed 50%. However, the total compensation will be reduced by the percentage of fault assigned to the victim. For example, if you are found 20% at fault, your compensation will be reduced by 20%.

Why Choose Perdue & Kidd? National Expertise, Steadfast Integrity, Proven Results.

Perdue & Kidd is built on a foundation of integrity, professionalism, and an unwavering dedication to doing things the right way. Jim Perdue, Jr. and Donald Kidd are board-certified in Personal Injury Trial Law, combining over 50 years of experience. Mr. Perdue's certification in Medical Professional Liability and membership in the Summit Council highlight our firm's specialized skills.

With over 100 years of collective experience, our dedicated team prioritizes personalized trial advocacy, ensuring that each client receives the individual attention they deserve, unlike high-volume “lawsuit mills.”

At Perdue & Kidd, we understand that a catastrophic injury can turn your life upside down. The financial, emotional, and physical toll is immeasurable, and we are here to help you regain control. We don’t just fight for compensation—we tell your story in a way that holds negligent parties accountable and makes a tangible difference in your recovery process. With our proven track record and national reputation, you can trust Perdue & Kidd to fight tirelessly for the justice and compensation you are owed. If you or a loved one has been injured due to negligence, trust the nationally recognized trial attorneys at Perdue & Kidd to stand up for your rights. Contact us today to schedule a free consultation and take the first step toward justice.

GrubHub Driver Accident FAQ

What should I do immediately after an accident with a GrubHub driver?

Does GrubHub provide insurance coverage for its drivers?

Can I sue GrubHub directly for my injuries?

What if the driver was uninsured or underinsured?

How long do I have to file a claim in Texas?

Can I file a claim if the GrubHub driver was not actively delivering at the time of the accident?

What evidence is most important for proving my case?

What should I do immediately after an accident with a GrubHub driver?

  • After ensuring your safety and seeking medical attention for any injuries, gather as much evidence as possible at the scene
  • Take photos of the vehicles, any visible injuries, and road conditions
  • Exchange information with the driver, including their name, insurance details, and proof of employment with GrubHub if available
  • Report the accident to local authorities and request a copy of the police report
  • Finally, consult with an experienced attorney to protect your rights

Does GrubHub provide insurance coverage for its drivers?

GrubHub offers contingent liability insurance that applies only while the driver is actively making a delivery. This coverage may supplement the driver’s personal insurance but does not apply if the driver is not en route to a pickup or drop-off. Understanding the limits of this coverage is critical to building your case.

Can I sue GrubHub directly for my injuries?

Suing GrubHub directly is possible but depends on the specifics of your case. If the company’s policies or practices contributed to the accident, or if they failed to address known safety concerns, GrubHub may share liability. An experienced attorney can evaluate your case and determine whether GrubHub can be held accountable.

What if the driver was uninsured or underinsured?

If the GrubHub driver does not have sufficient insurance coverage, you may still have options. GrubHub’s contingent insurance policy may provide some compensation, and your own uninsured/underinsured motorist coverage might also apply.

How long do I have to file a claim in Texas?

In Texas, the statute of limitations for personal injury claims is typically two years from the date of the accident. However, it’s important to act quickly, as evidence and witness recollections can fade over time.

Can I file a claim if the GrubHub driver was not actively delivering at the time of the accident?

Yes, you can still file a claim against the driver’s personal auto insurance if they were not actively delivering for GrubHub at the time of the accident. However, GrubHub’s contingent insurance policy likely will not apply in this scenario. Our attorneys can investigate whether the driver was working within their scope of employment at the time to determine the best course of action.

What evidence is most important for proving my case?

Key evidence includes the police report, photos of the accident scene, any surveillance or dashcam footage, medical records, and witness statements. Additionally, data from the GrubHub app or driver logs can confirm whether the driver was actively working at the time of the accident. Our legal team will work to collect and preserve all critical evidence to strengthen your case.

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