Frisco Delivery Accident Lawyer
Experienced Delivery Accident Attorney in Frisco, TX
The growing popularity of delivery services like Amazon, Uber Eats, and DoorDash has resulted in an increase in the number of delivery vehicles on the road, which in turn raises the risk of accidents. If you have been involved in an accident with a delivery driver and have suffered injuries, you may be eligible for compensation. To streamline the claims process and maximize your potential compensation, it is advisable to seek the assistance of a skilled delivery accident lawyer in Frisco, TX who specializes in these types of accidents.
Our team at JML Injury Law is well-equipped to handle such cases, whether you are a delivery driver yourself or have been injured by a driver working for Amazon, Uber Eats, Postmates, or DoorDash, contact our office now at (214) 764-3600 for a free consultation.
What Is Considered A Delivery Driver Accident?
Delivery driver accidents can occur in various scenarios. Among the most frequent types of accidents involving delivery drivers are:
- Delivery drivers being struck by at-fault drivers while operating their vehicles
- Delivery drivers being struck by at-fault drivers while making a delivery (as pedestrians)
- Private drivers being struck by at-fault delivery drivers
- Pedestrians being struck by at-fault delivery drivers
- Property being struck and damaged by at-fault delivery drivers
Delivery drivers often make stops and deliveries in the middle lane, which can lead to traffic accidents and put the driver at risk as a pedestrian. Moreover, due to the extensive time spent driving on roads and highways, delivery drivers are more susceptible to car accidents.
The pressure to deliver food or products quickly may cause them to make mistakes, such as speeding, getting distracted, or experiencing fatigue from working long hours. Consequently, they have a higher likelihood of being involved in accidents with pedestrians or other vehicles.
Common Causes of Delivery Accidents in Texas
Several factors contribute to the heightened risk of accidents involving delivery drivers. In Texas, certain causes are particularly prevalent in delivery accidents. These include:
Increase In Food Delivery Vehicles On The Road
With the increasing demand for delivery services, the risk of accidents rises due to the higher number of vehicles on the roads. Food delivery services, in particular, face the challenge of operating during peak traffic hours, further amplifying the likelihood of collisions.
Intense Pressure To Meet Strict Delivery Deadlines
One contributing factor to the increase in accidents involving delivery drivers is the immense pressure they experience to forgo taking breaks. It is important to note that the National Highway Traffic Safety Administration has issued a warning regarding this kind of pressure, as it can result in fatigue, distraction, and speeding – all of which significantly elevate the likelihood of an accident occurring.
Minimally-Trained Labor Force
The growth of delivery services relying on independent contractors using their own vehicles has resulted in a surge of vehicles on the roads. However, a concerning issue arises as many of these drivers lack proper training in driver safety. Amazon’s job advertisement for delivery drivers explicitly states that experience is not necessary. In contrast, Business Insider reports that UPS invests over $200 million annually in safety training for their full-time delivery drivers.
Understanding Delivery Driver Insurance Coverage
Whether or not delivery drivers are covered by insurance depends on the company they were working for at the time of the accident. Typically, if the driver’s insurance policy does not fully cover the claim, the delivery company’s insurance policy may provide additional coverage. In cases where the claim amount exceeds the driver’s insurance coverage, the delivery company’s insurance policy can be activated to provide further protection.
Amazon Insurance Coverage
Given the high number of Amazon delivery vehicles on the road today, accidents can happen. To address this, it’s crucial that Amazon provides coverage for its drivers, especially in the case of serious incidents that may surpass their individual policy limits. This coverage is meant to supplement drivers’ personal policies since they typically don’t cover commercial driving.
Amazon provides liability coverage of up to $1,000,000 that not only covers your own damages but also damages to any third party injured in the accident. This policy also provides coverage for uninsured or underinsured motorists involved in the accident who lack the necessary insurance to pay for damages. Additionally, Amazon offers collision and comprehensive coverage with a limit of $50,000.
- Amazon Flex Delivery Auto Insurance (50k PD, 1mil liability & UM/UIM)
- Applies when picking up, delivering, or returning packages for Amazon
Uber Eats Insurance Coverage
Uber Eats insurance coverage is slightly different from DoorDash and Postmates. If the delivery driver shows available on the Uber Eats app, but has not started a delivery, Uber Eats will offer some liability coverage for accidents. The limits are $50,000 per individual and $100,000 per accident for bodily injury and up to $25,000 for property damage. In case of an accident during an Uber Eats delivery, the liability coverage will increase to $1,000,000 only if the driver had accepted a delivery request and was either on the way to pick up the food or deliver it.
- Compared to other food delivery services, Uber Eats provides some of the best automobile insurance coverage.
- If the Uber Eats delivery driver is “Offline” or the Driver app is off, then the driver’s personal policy and coverage will apply.
- If the Uber Eats driver is “Available” or waiting for a delivery request, Uber maintains liability insurance on the driver’s behalf. The following limits apply only if the driver’s personal policy does not apply:
- $50,000 bodily injury per person
- $100,000 bodily injury per accident
- $25,000 property damage per accident
- When the Uber Eats driver is en route to pick up a delivery or during trips, Uber maintains the following coverage:
- $1 million third-party liability
- Contingent comprehensive and collision
- Up to actual cash value of the car with a $2,500 deductible (Effective 3/1/2021)
- Certain vehicles offered through the Vehicle Marketplace are subject to a $1,000 deductible
- Unlike Uber rideshare drivers, Uber does not provide Uber Eats drivers Uninsured/Underinsured Motorist or Personal Injury Protection coverage.
- The contingent comprehensive and collision coverage applies so long as the Uber Eat’s driver maintains comprehensive and collision coverage on her personal auto insurance policy. As of 2021, Uber increased its property damage deductible to $2,500. Uber does not provide rental coverage to delivery drivers.
- Uber Eats drivers should expand their personal auto insurance to include rideshare and delivery coverage. While the additional rideshare and delivery coverage benefits vary between insurance companies, most will match the lower deductible on your personal policy if an accident occurs while picking up or delivering an order.
- For Uber drivers and Uber Eats drivers, Uber offers Optional Injury Protection. Uber’s Optional Injury Protection provides benefits to Uber rideshare and delivery drivers if they are injured in a covered accident. Covered accidents include three scenarios:
- While you’re online, including when you’re available for trip requests
- While you’re en route to pick up a passenger or delivery
- While you’re on a trip using the Driver app
- Uber’s Optional Injury Protection offers the following benefits if a rideshare or delivery driver is injured during a covered accident:
- Accident medical expenses up to a maximum of $1,000,000 (no deductible or copay)
- Temporary total disability up to a maximum of $500 a week
- Continuous total disability up to a maximum of $500 a week
- Accidental death up to a maximum of $50,000
- Survivor benefits up to a maximum of $150,000
- Accidental dismemberment up to a maximum of $200,000
- Unlike some delivery services, Uber charges rideshare and delivery drivers a premium for its Optional Injury Protection coverage. The Optional Injury Protection premium costs $0.0375/mile while on a covered trip. The premium is calculated based on the number of miles driven while with a rider on the way to drop off a delivery order. Uber automatically calculates the per-mile premium and deducts the costs from the driver’s earnings.
DoorDash Insurance Coverage
For drivers to work with DoorDash, they must possess a valid car insurance policy. In the event of an accident, if the driver’s insurance policy is invalid, DoorDash’s insurance coverage may not apply. According to the agreement, the driver’s insurance policy takes precedence. DoorDash’s liability policy provides coverage of up to one million dollars.
In case the damage caused by the DoorDash driver exceeds their insurance limits, DoorDash’s insurance policy may cover the leftover damage, but only if the driver was on an active delivery. DoorDash considers an active delivery to be when the driver has food in their vehicle and is en route to the customer.
- Only provides a contingent liability policy. For the policy to kick in, the DoorDash driver must be on “active delivery.” DoorDash defines “active delivery” as times when the driver is in possession of food/goods to be delivered. The coverage does not apply if the DoorDash driver is simply on her way to pick up food.
- However, DoorDash requires drivers to maintain personal automobile insurance coverage. If a DoorDash driver fails to maintain their own coverage, then the DoorDash contingent liability policy will not apply. The same “coverage gap” issues described above apply to all delivery drivers.
- The DoorDash contingent liability policy covers damages caused to third parties up to $1 million. HOWEVER, the DoorDash policy is secondary, which means that the driver’s personal automobile insurance coverage must be exhausted before the DoorDash policy will kick in.
- For DoorDash couriers that deliver food on foot or bicycle, DoorDash offers a $1 million general insurance policy that covers third-party injuries and third-party property damage.
- As of June 2019, all DoorDash delivery drivers were automatically eligible and enrolled for occupational accident insurance coverage. The occupational accident insurance coverage only applies if a DoorDash driver is injured while making a delivery. The policy covers:
- $1 million in medical expenses (no deductible or copay)
- Disability payments: 50% of average weekly wage up to a maximum allowance of $500 per week minus other income
- Survivor’s payments: Up to $150,000 for eligible dependents
Postmates Insurance Coverage
Both Postmates and DoorDash offer comparable insurance coverage. However, to be eligible for the policy, the delivery driver must be actively engaged in delivery. Postmates provides an excess policy up to $1,000,000 for third-party liability claims that will only apply if the driver has exceeded the coverage limit on their own auto insurance policy.
- Like DoorDash, Postmates offers excess liability coverage up to $1 million for automobile delivery drivers. The coverage only kicks in after the Postmates driver’s personal auto insurance policy is exhausted.
- The Postmates excess liability coverage only applies when the delivery driver is on “active delivery.” Postmates’ definition for “active delivery” is broader than the DoorDash definition. For Postmates delivery drivers, “active delivery” begins when the Postmates delivery driver accepts a delivery request and ends when the driver drops off the order. Postmates excess liability coverage will not apply if the delivery driver’s app is in off mode or if the app is active, but the driver has not yet accepted a delivery request.
- For cyclists and pedestrian couriers, Postmates offers general liability coverage up to $1 million for injuries and/or property damage to third parties.
- Also, like DoorDash, Postmates provides occupational insurance coverage to delivery drivers. Postmates’ occupational insurance coverage includes:
- Accident medical expense: to a maximum of $1,000,000 (with no deductible or copay)
- Accidental death benefit: to a maximum of $100,000
- Survivor’s benefit: to a maximum of $100,000
- Temporary total disability: to a maximum of $500 a week in on-demand services replacement earnings
- Permanent total disability: to a maximum of $500 a week in on-demand services replacement earnings
- Accidental dismemberment: to a maximum of $200,000
Contact Our Frisco Delivery Accident Lawyer Now
If you have been injured due to the negligence of a delivery driver, you may be eligible for compensation. Although delivery accidents are not as common as car or truck accidents, they are increasing, especially in major cities like Dallas, Fort Worth. and Frisco. With the rise in food and product delivery services, there has been a corresponding increase in the number of delivery drivers on the road.
At JML Injury Law, we have been advocating for injured residents of Texas for many years. Our skilled Frisco delivery accident lawyer will assess your case and develop the best strategy for your personal injury claim. Reach out to our office today for a complimentary consultation at (214) 764-3600 and discover how we can assist you further.