Can I Sue DoorDash for My Accident?

Our Chicago DoorDash accident attorneys explain liability and legal options

A lot can go wrong while making a simple delivery. In Chicago, drivers for third-party services like DoorDash, GrubHub, and UberEats are involved in their share of auto accidents. “Delivery driver” can be a dangerous gig for the worker and everyone else on the road. Studies show a connection between an increase in car accidents and rising demand for at-home delivery.

In an average year, delivery service providers and gig workers are involved in 50 or more fatal accidents nationwide. Accidents involving DoorDash drivers that cause serious or fatal injuries lead to complex legal cases. There are sometimes multiple potentially liable parties involved – and none of them want to be responsible for damages. There are also local, state, and federal laws to consider.

Whether you were in another vehicle or hit as a pedestrian, the aftermath of a crash involving a food delivery service can be painful, confusing, and overwhelming. One of the first things people want to know is, “Will DoorDash pay for my car accident?” Unfortunately, there is no short or easy answer to this question, but the best way to get more information about a specific case is to contact a trusted lawyer.

After a crash, people injured in DoorDash accidents should contact an experienced car accident lawyer at Keating Law Offices, P.C. as soon as possible for a free case evaluation. This ensures your rights are protected, and all liable parties are identified and held accountable.

Who is legally responsible for a DoorDash accident in Chicago?

Determining liability in a DoorDash delivery accident can be complex, with various parties potentially doing whatever it takes to avoid accountability. As with any car crash, there are numerous potentially liable parties after a DoorDash accident, including but not limited to:

• The DoorDash driver. Was the driver negligent? Failure to follow traffic laws or driving under the influence of alcohol or drugs are just two types of negligent driving that would make a DoorDash driver liable. Distracted driving is a particularly common issue with DoorDash drivers because they may be distracted by the app itself. Unauthorized vehicle use and failure to adequately maintain the vehicle are also potential grounds for liability.
• DoorDash itself. DoorDash may be held liable if its policies or practices contribute to the accident, such as pressuring drivers to make deliveries quickly, leading to unsafe driving behavior. DoorDash could also be held liable in accidents that involve negligent hiring and training, failure to enforce safety measures or issues related to their app or technology.
• Other drivers. If they engage in negligent driving, violate traffic laws, drive under the influence, or drive while distracted, other drivers and road users could be held liable in a DoorDash delivery accident.
• Vehicle manufacturer. If the accident is caused by a mechanical failure or defect in the delivery vehicle, the manufacturer may be held liable.

Determining who is at fault in a crash is important for establishing liability. Our Chicago car accident lawyers have the experience necessary to get to the bottom of what happened and hold the responsible party or parties accountable.

Can I sue DoorDash after a car crash in Chicago?

DoorDash, like other delivery services, relies on independent contractors to carry out its business mission. Because DoorDash drivers are contractors rather than employees, you typically cannot sue DoorDash itself after a crash; instead, you would sue the individual driver. You can only sue DoorDash directly if the company’s own negligence led to the accident.

However, DoorDash carries insurance that covers its drivers when they are involved in accidents during deliveries. Whether DoorDash pays for a victim’s injuries or not is dependent on what the delivery driver was doing when the incident happened. Most crashes fall into one of these categories:

• An on-duty DoorDash driver is involved in a car accident. If a DoorDash driver is actively engaged in a delivery when an accident occurs, the company’s insurance should cover the damages. DoorDash provides liability coverage for bodily injury and property damage, typically with a limit of $1 million – a much higher limit than what most individuals carry. This coverage is designed to protect both the driver and any third parties affected by the accident.
• An off-duty DoorDash driver is involved in a car accident. The situation becomes murkier if the driver is off duty at the time of the crash. DoorDash’s insurance may not apply in this scenario, and the driver’s personal insurance – which could be as little as $25,000 - would likely be responsible for covering damages.
• An accident between deliveries. In circumstances where a driver is between deliveries or actively searching for their next assignment on the app, determining liability may be complicated. The driver’s actions during this transitional phase, such as adherence to traffic laws or engagement in distracting activities, become pivotal in assessing responsibility.

The experienced Chicago DoorDash accident attorneys at Keating Law Offices, P.C. know how to help injured victims investigate accidents, identify liable parties, and negotiate aggressively for maximum compensation for their medical expenses, lost wages, and more.

Understanding legal options in an Illinois DoorDash accident

Given the complexities of liability and the various methods to recover damages, injured crash victims should consult an accident attorney as soon as possible. An experienced lawyer can explain options and help victims choose the right legal path for their specific situation. Some potential options may include:

• File a DoorDash accident lawsuit. As explained above, most often, a lawsuit would be filed against the DoorDash driver in their individual capacity. However, depending on the circumstances, there may be other responsible parties as well, possibly including DoorDash itself.
• File a third-party insurance claim. Again, it’s not always clear which insurance company is responsible for a DoorDash accident. An experienced attorney can identify which insurance company or companies are responsible for paying for your damages and handle the appropriate claims while you focus on healing.
• File a first-party claim with your own insurance company. Depending on the type of car insurance you have, your insurance company may be responsible for some of your damages. Even your own insurance company doesn’t always have your best interests in mind, though, so it’s still important to seek legal advice.

While DoorDash provides insurance coverage for on-duty drivers, off-duty situations and accidents involving third parties may require a careful examination of various factors and evidence.

Types of evidence in a DoorDash accident claim

No matter how the accident happened, successful DoorDash accident claims are dependent on proving liability with strong evidence. Typically, victims will want to gather proof of the driver’s relationship with DoorDash, their on-duty status, and other relevant factors that contribute to determining liability. Common types of evidence Keating Law Offices, P.C., attorneys gather in a DoorDash accident case include:

• Time stamps and delivery records.
• Police crash reports.
• Medical records.
• Photographs and videos.
• Witness statements.
• Communication records between the driver and DoorDash.
• Payroll records.
• Company training records.
• App usage and GPS data.
• Expert opinions.

Help with complex DoorDash claims is available in Chicago

Whether the crash victim is another driver, pedestrian, or cyclist hit by a DoorDash driver, understanding the nuances of liability, lawsuits, and accident claims in this type of crash is important to protecting a victim’s rights and legal options. If you or a loved one were injured or killed in a DoorDash accident in the Chicago area, contact an experienced Illinois car accident attorney at Keating Law Offices for a free case evaluation.

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