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Houston’s Trusted Law Firm for UberEats Driver Accident Cases

Let us fight for the compensation you’re owed. At Perdue & Kidd, we combine decades of legal expertise with a relentless commitment to justice, ensuring every client receives the dedicated representation they deserve. With a proven track record of winning high-stakes cases and maximizing recoveries, we have the resources and experience to take on even the most challenging claims. Contact us today to schedule your free consultation.

Man delivering food

Common Causes of UberEats Driver Accidents

Delivery drivers often face pressure to meet tight schedules, which can lead to unsafe driving practices. Some common causes of accidents involving UberEats drivers include:

  • Distracted Driving: Using navigation apps or communicating with customers while driving.
  • Speeding: Rushing to complete deliveries quickly.
  • Reckless Driving: Ignoring traffic laws, running red lights, or failing to yield.
  • Fatigue: Long hours on the road can lead to dangerous mistakes.

What Areas of Law Cover These Cases?

Personal Injury Law

This is the primary area of law for claims related to injuries caused by another party's negligence. It encompasses compensation for medical expenses, lost wages, pain and suffering, and more. 

Motor Vehicle Accident Law

Since these cases often involve car accidents, motor vehicle laws and insurance regulations play a significant role in determining liability and coverage. 

Negligence Law

Establishing that the UberEats driver or another party acted negligently is critical to proving fault and recovering damages.

Product Liability Law (in rare cases)

If the accident was caused by a vehicle defect or faulty equipment (e.g., brakes or tires), the case might involve product liability claims against a manufacturer.  

Commercial Liability Law  

If the driver was actively delivering for UberEats at the time of the accident, commercial insurance policies held by UberEats may come into play, making corporate liability an additional factor.  

Wrongful Death Law  

In cases where an accident results in fatalities, surviving family members can file wrongful death claims to recover compensation for their losses.

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Who Is Liable for Your Injuries?

Determining liability in accidents involving UberEats drivers in Houston can be complex due to the nature of gig economy work. These drivers are classified as independent contractors rather than employees, which often complicates the process of filing insurance claims or pursuing compensation from UberEats.

The UberEats Driver  

If the UberEats driver acted negligently—such as speeding, running a red light, texting while driving, or failing to yield—they can be held directly responsible for the accident. Negligence is a critical factor in proving fault, and our team will gather evidence like traffic camera footage, eyewitness statements, and police reports to establish the driver’s role in causing the accident.  

UberEats  

In some situations, UberEats itself may share liability. The company provides insurance coverage for drivers under certain conditions:  

  • Active Delivery Period: If the driver was actively delivering an order (e.g., en route to pick up or deliver food), UberEats’ $1 million liability insurance policy may apply.  
  • App-On, No Delivery: If the driver was logged into the app but not currently on a delivery, limited coverage might still be available.  

Other Parties  

Sometimes, accidents involving UberEats drivers aren’t solely the fault of the delivery driver or UberEats itself. Other potential contributing factors may include:  

  • Third-Party Drivers: If another motorist’s negligence played a role in the collision, they could be held accountable.  
  • Vehicle Manufacturers: If a mechanical defect, such as brake failure or tire blowout, contributed to the accident, the vehicle manufacturer or parts supplier could share liability.  
  • Government Entities: Poorly maintained roads, inadequate signage, or other hazardous conditions caused by government negligence could make a city or municipality partly liable.  

Decades of Experience. A Proven Track Record. A Commitment to Justice.

When you’ve been injured by an UberEats driver, you need a law firm with the resources, expertise, and tenacity to take on complex cases. Perdue & Kidd has been helping injury victims in Houston and nationwide for decades. Here’s why clients trust us:

  • Results-Driven Approach: We’ve secured multiple eight-figure verdicts for our clients.
  • Expert Investigation: Our team works with accident reconstruction experts, medical professionals, and other specialists to build a rock-solid case.
  • Personalized Attention: We treat every client with compassion, keeping you informed and supported throughout the process.
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What Damages Can You Recover?

Economic Damages  

These damages cover the measurable financial losses directly resulting from the accident, including:  

  • Medical Expenses: Emergency room visits, hospital stays, surgeries, prescription medications, rehabilitation, and ongoing care. Future medical costs for long-term or permanent injuries.
  • Lost Wages: Compensation for income lost due to missed work during recovery. Future earning capacity if the injuries impact the victim’s ability to work.
  • Property Damage: Repairs or replacement costs for vehicles or other personal property damaged in the accident.  

Non-Economic Damages  

These damages compensate for the intangible losses that don’t have a direct monetary value but significantly affect a victim’s life, such as:  

  • Pain and Suffering: Physical pain and discomfort caused by injuries sustained in the accident.
  • Emotional Distress: Psychological effects like anxiety, depression, or PTSD resulting from the accident or injury.
  • Loss of Enjoyment of Life: Compensation for the inability to participate in hobbies, activities, or everyday tasks due to injury.
  • Loss of Consortium: Damages awarded to family members for the loss of companionship or support due to the victim’s injuries.  

Punitive Damages  

In rare cases, victims may also be awarded punitive damages if the UberEats driver’s behavior was particularly reckless, egregious, or malicious.

For example, punitive damages may be awarded if the driver was under the influence of drugs or alcohol or was knowingly violating traffic laws. These damages are intended to punish the at-fault party and deter similar behavior in the future.  

Factors Affecting Compensation  

Several factors influence the amount and type of compensation awarded in Texas, including:  

  • Severity of Injuries: More serious or permanent injuries typically result in higher compensation.  
  • Degree of Negligence: The extent to which the UberEats driver or other parties were at fault.  
  • Insurance Coverage: The applicable insurance policies of the UberEats driver, UberEats itself, and any other involved parties.  
  • Statutory Limitations: Texas imposes certain caps on non-economic damages in medical malpractice cases, but these limits generally don’t apply to personal injury cases. 
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Act Quickly—Texas Has a Deadline for Filing Claims

In Texas, the statute of limitations for personal injury claims is generally two years from the date of the accident. Acting quickly is critical to preserving evidence and building a strong case. Don’t let time run out—contact Perdue & Kidd today.

Our Credentials: Unmatched Experience and Dedication

At Perdue & Kidd, our credentials speak to decades of unwavering commitment to justice and excellence in personal injury law. Representing clients nationwide, we have built a legacy of success in catastrophic personal injury cases, medical product liability, and pharmaceutical claims. Our firm has achieved multi-million-dollar verdicts across the country in cases involving 18-wheeler accidents, medical malpractice, defective products, and workplace injuries.

Recognized as national leaders in the field, our attorneys have been featured on prominent platforms like Good Morning America, underscoring our reputation as trusted advocates for injury victims. What sets us apart is not just our track record of results but the principles that guide us. Perdue & Kidd approaches every case with integrity, applying the law with precision and honesty. 

This dedication extends beyond the courtroom—our attorneys, including Mr. Perdue and Mr. Kidd, regularly share their expertise through Continued Legal Education seminars to empower fellow attorneys nationwide. Board-certified in Personal Injury Trial Law, Donald Kidd and Jim Perdue Jr. bring over 50 years of combined experience, while our entire legal team boasts over a century of collective excellence. Mr. Perdue Jr. is also board-certified in Medical Professional Liability Law and a member of the elite Summit Council, reflecting our firm’s commitment to the highest standards of trial advocacy. At the heart of our practice is a client-centered approach. We take pride in delivering personalized representation, treating every client as more than just a case number. By effectively telling your story and holding negligent parties accountable, we ensure your voice is heard and justice is served. Contact Perdue & Kidd today to schedule your free consultation and take the first step toward securing the compensation and justice you deserve.

UberEats Driver Accident FAQ

Do UberEats drivers carry personal insurance that covers accidents?

Can I still file a claim if the UberEats driver was not logged into the app at the time of the accident?

What if I was a pedestrian or cyclist injured by an UberEats driver?

What evidence is needed to prove my case?

How is UberEats’ insurance coverage activated?

Can I file a claim against UberEats directly?

What if the UberEats driver was uninsured or underinsured?

How long will it take to resolve my case?

Can I recover damages if I was partially at fault for the accident?

Do UberEats drivers carry personal insurance that covers accidents?

Yes, UberEats drivers are required to carry personal auto insurance. However, personal insurance policies often exclude coverage when the driver is using their vehicle for commercial purposes, such as making deliveries. That’s why UberEats provides additional coverage when drivers are logged into the app or actively delivering.

Can I still file a claim if the UberEats driver was not logged into the app at the time of the accident?

If the UberEats driver was not logged into the app, their personal auto insurance policy will typically apply. In such cases, the claim will be handled like a standard car accident case. Our team can investigate the circumstances to determine liability and pursue compensation.

What if I was a pedestrian or cyclist injured by an UberEats driver?

You are still eligible to file a claim if you were a pedestrian or cyclist injured by an UberEats driver. The process will involve determining whether the driver was actively using the app or delivering, which may activate UberEats’ insurance coverage.

What evidence is needed to prove my case?

Evidence may include police reports, eyewitness accounts, traffic camera footage, dashcam recordings, medical records, and testimony from accident reconstruction experts. Our team at Perdue & Kidd will handle the evidence collection and build a strong case on your behalf.

How is UberEats’ insurance coverage activated?

UberEats’ insurance coverage applies under two main circumstances:

  • App-On, No Delivery: The driver is logged into the app but not actively delivering. Limited liability coverage may apply.
  • Active Delivery Period: The driver is en route to pick up or deliver an order, activating UberEats’ $1 million liability policy.

Can I file a claim against UberEats directly?

Typically, UberEats’ liability is limited due to its classification of drivers as independent contractors. However, claims can sometimes involve UberEats directly if their corporate policies, practices, or insufficient training contributed to the accident.

What if the UberEats driver was uninsured or underinsured?

If the driver lacks adequate insurance, UberEats’ coverage may still apply. Additionally, if you have uninsured/underinsured motorist coverage on your own policy, it may provide additional compensation.

How long will it take to resolve my case?

The timeline varies based on the complexity of the case, the severity of injuries, and the willingness of insurance companies to negotiate. Some cases are resolved in months, while others may take longer if litigation is necessary.

Can I recover damages if I was partially at fault for the accident?

Yes, Texas follows a modified comparative negligence rule. As long as you are less than 51% at fault, you can recover damages. However, your compensation will be reduced by your percentage of fault.

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