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When you’re seriously injured in a car accident, the takeout order waiting on the other driver’s back seat is probably the last thing on your mind. If the driver was carrying that order for DoorDash, however, it might change a lot about your rights to compensation.
Legislation and legal precedent are still growing and adjusting to new, app-based business models, and at present, it’s especially vital for survivors to have legal representation, to avoid slipping through the cracks.
Below, we’ll discuss the possible reasons why DoorDash accidents seem to be so common, and how survivors can protect themselves under the law. If at any point you would prefer to speak directly with a DoorDash accident lawyer in Georgia, feel free to reach out by phone or chat.
Individual and family auto insurance policies virtually all have clauses excluding commercial driving from coverage. Drivers with basic personal car insurance can legally commute to and from work, but beyond that, they can’t use their cars for anything work-related without losing coverage.
Many drivers don’t realize this when they sign up to drive for services like DoorDash, or can’t afford to upgrade their insurance for commercial use.
If you’re hit by a DoorDash driver, just collecting their personal insurance information probably isn’t going to be much help.
In DoorDash’s own words, the company provides its drivers with “excess” liability insurance. What this means is that DoorDash considers the driver’s personal insurance to be their primary insurance policy in the event of a crash. Only once the private insurance company has formally rejected the claim will DoorDash consider it, and then only if the DoorDash driver caused the accident sometime between accepting and completing a delivery.
DoorDash also claims to provide occupational accident insurance, covering injuries to their own drivers (but not damage to their vehicles).
While this is more than some other transportation network companies will promise, there are several potential problems with this arrangement.
A DoorDash bicyclist from New York ran into that last problem when he was struck by a hit-and-run driver in May of 2021. After first arguing with the paramedics that he couldn’t miss his delivery, he eventually had to inform DoorDash of the situation. According to the bicyclist, DoorDash never offered help or informed him that he was entitled to file an occupational insurance claim. He says he only found out when he discussed the incident with other DoorDash drivers.
In fact, none of the insurance DoorDash boasts of providing is actually mentioned in their independent contractor agreement, which repeatedly asserts that the driver is responsible for obtaining and maintaining all necessary insurance.
All of this points to a high probability that survivors will need professional help to get compensation from DoorDash, even in the most seemingly clear-cut of incidents.
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One thing I can truly say about the Stoddard Firm is that they take great initiative in helping their clients. My case and situation took a lot out of me. Mentally, emotionally and even physically. But the Stoddard firm did an amazing job with my case. Shauna and Janine did absolutely amazing with helping me with coping skills and they have great communication. They helped me understand that the process of my case would take some time but that they would do everything in their power to help me differentiate the odds that were against me. Yes the process was time given, but patience is key and at the end everything was successful and I am grateful for them. Like literally I think about their amazing gratitude towards my case. Their support was amazing and they always kept me updated on my case. When I fell short in life they stepped in to make sure I would come back ten times stronger and I did.
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That New York bicyclist’s determination to complete his delivery, even after suffering a serious accident, is part of a larger “at all costs” culture surrounding transportation network companies like DoorDash.
Reports abound of DoorDash drivers facing serious dangers and going to unhealthy lengths to get the job done, and done fast. Most of the time, the consequences of this frantic hustle fall on the DoorDash drivers themselves.
In December of 2021, a viral video circulated of a DoorDash driver parking her car and walking toward the customer’s door. Behind her, another vehicle strikes her car while she’s walking away from it. The detail the Internet became fixated on? The fact that the DoorDash driver finishes making her delivery before turning to deal with the situation. If you or someone you know has been involved in a motorcycle accident in Atlanta, it’s important to seek legal assistance from a motorcycle accident lawyer in Atlanta to protect your rights and interests.
Another video followed about six months later, in which a DoorDash customer claims that her driver got into an accident about a block from her house. She says that she walked out to the accident site and saw the driver’s car on top of a chain link fence, but that when she called DoorDash, she was told the accident “was not that serious.”
In November of 2022, another DoorDash driver had her car stolen while making a delivery in Norristown, Pennsylvania. The driver says she was unable to afford the tow fee to get the remains of her car back, after the thief crashed it. A representative for DoorDash told reporters that the company “offered her our support.” The only specific act of support mentioned in the quote was a partial payment for the order the driver was working on at the time.
Most recently, in early 2023, a pregnant single mother got into an accident while driving for DoorDash on an icy road in Sterling Heights, Michigan. When police responded to the crash, she told them she couldn’t afford not to make the delivery. One of the officers ended up completing it for her.
Far too often, the media response to these kinds of incidents is to frame them as cute, funny, or even inspiring stories of duty and determination. Really, they’re signs of a fragile system built on desperation.
People who sign up to drive for companies like DoorDash are often scrambling for a way to make ends meet. DoorDash’s pay structure is tied to how many deliveries a driver can make, and there is no guarantee of a minimum wage per hour. In 2019, the company was even sued for effectively stealing its drivers’ tips. The suit ended in a $2.5 million settlement.
The result of a high-pressure, low-pay business model is a force of drivers whose very survival may depend on getting the next delivery done as fast as possible, no matter what. That’s desirable for DoorDash, and dangerous for everyone else.
DoorDash drivers may be the most common victims of DoorDash-related accidents, but the risks aren’t limited to those who’ve signed a contract with the company. Whenever road safety is compromised in any way, everyone nearby is in danger.
In April of 2021, a DoorDash driver struck and killed a man in Wisconsin, while traveling 75mph in a 40mph zone.
Three months later, another DoorDash driver struck and killed a woman in California. That driver then struck the woman again, along with her adult daughter, while trying to leave the scene. After escaping, however, the driver did call police to report what had happened.
Both accidents have resulted in lawsuits challenging DoorDash’s business model, specifically the way it arguably fills streets with rushed drivers and then distracts them with work-related text messages, knowing that they’re driving.
The lawsuits are ongoing, but in the meantime, DoorDash accidents continue.
In May of 2022, a DoorDash driver working in Dallas, Texas made an improper left turn from a far-right lane, causing a collision with Jerry Jones, owner of the Dallas Cowboys. Jones was treated for minor injuries at a local hospital. The DoorDash driver described realizing that he needed to make the left turn and slowing down at the intersection, but not moving over to the correct lane.
The more people come forward about the harm rushing DoorDash drivers have caused in their lives, the harder it will be for DoorDash to keep arguing that individual accidents are not their problem.
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Mobilizing a network of independent contractors to perform the main service a company provides — food deliveries, in the case of DoorDash — is a relatively new business practice. It’s especially popular right now with companies that transport goods or passengers.
This is partly because companies that employ drivers are legally responsible for any harm those drivers cause. The idea here is that the company sets the rules for how its employees behave, and reaps the benefits when the employees do well. So, it’s only fair that the company also accept the financial consequences when something goes wrong.
Companies that contract with drivers, on the other hand, typically claim to be exempt from this liability. They argue that they have no direct control over how their contractors handle the daily business of driving, and therefore no responsibility for their mistakes.
DoorDash in particular responded to a suit about one of their speeding drivers by claiming there was “no evidence DoorDash was the cause of the accident.” In other words, DoorDash thinks there needs to be a special reason for them to be held liable when one of their drivers causes an accident, unlike an employer, who would be liable by default.
As convenient as this argument is for DoorDash, there are two potential holes in it, from a legal perspective:
In short, if you have been harmed by a DoorDash driver in Georgia, the letter of the law is on your side, even though that law has not yet been heavily tested in court.
Most of the steps for handling an accident with a DoorDash driver are the same as those for handling any accident:
It’s especially important to start working with a lawyer quickly, in the case of a DoorDash accident, because you will likely have multiple companies (DoorDash and the driver’s personal insurance company), trying to prove that they don’t owe you anything. Having a lawyer file the necessary accident reports and handle communication with both companies on your behalf can protect you from accidentally giving up your rights in a verbal interaction.
The Stoddard Firm has experience in traffic law, personal injury, and wrongful death. We’re passionate about enforcing accountability for powerful companies, and we’re not afraid to take on complex, potentially precedent-setting cases.
We handle car accident cases involving rental car drivers, rideshare and delivery drivers, taxis, and commercial vehicles, including accidents involving Enterprise, Hertz, National, Sixt, Thrifty, Dollar Rental, and taxi services.
To get started with a free consultation on your case, call us any time at 470-467-2200, or reach out through our online chat function.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
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One thing I can truly say about the Stoddard Firm is that they take great initiative in helping their clients. My case and situation took a lot out of me. Mentally, emotionally and even physically. But the Stoddard firm did an amazing job with my case. Shauna and Janine did absolutely amazing with helping me with coping skills and they have great communication. They helped me understand that the process of my case would take some time but that they would do everything in their power to help me differentiate the odds that were against me. Yes the process was time given, but patience is key and at the end everything was successful and I am grateful for them.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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