As a DoorDash delivery driver, you put yourself on the line all day and night to connect hungry customers with their favorite restaurants. The job takes you to a variety of premises, mainly people’s homes. Then, one day, the unexpected happens – you’re injured on a customer’s property while making a delivery. You’re scared and in pain, and many questions are running through your head, including, “Is the customer responsible if I get injured when making a DoorDash delivery?”
You may be wondering the same thing if you’re an Uber Eats or Grubhub driver, who’s been injured while making a delivery. This is becoming an increasingly important topic as more people sign up for food delivery platforms and restaurants are struggling to keep up with demand. DoorDash drivers are a familiar presence in most neighborhoods, and unfortunately, that puts them at risk anytime they are on someone’s property.
The good news is, there are legal actions you can take if your accident was due to a property owner’s negligence. We will go over what this means, as well as the damages you can recover in a personal injury lawsuit. But keep in mind this article is for general purposes only, and you should not judge the outcome of your injury claim based on this information. For advice specific to your own accident as a DoorDash, Uber Eats, or Grubhub driver, please speak with one of our attorneys.
Who is Responsible for my Accident?
As a DoorDash driver, if you get injured on the property of the customer, the customer will be responsible for your monetary and emotional losses.
Determining who is liable, or responsible, for your accident can be challenging for delivery drivers, who are not performing duties at a traditional work site. To figure this out, let’s examine California’s premise liability laws, which require owners to keep their property safe for guests and visitors. That includes DoorDash, Uber Eats, and Grubhub drivers, who have a legitimate reason to be on the premises. An owner’s duty of care to those on their property includes:
- Fixing conditions that can cause an accident.
- If the hazard can’t be resolved right away, using signs or other methods to warn others.
- Routinely checking their property for hazardous conditions.
If it can be proven that the owner failed in any of these duties, they may be liable if a delivery worker is injured on their property. The laws are a bit different for dog bites, which falls under the category of strict liability. As a strict liability state, California holds dog owners responsible for dog bites “regardless of the former viciousness of the dog or the owner’s knowledge of such viciousness.” In short, the owner cannot avoid being sued even if their dog had never attacked anyone before.
For more information on liability laws and your right to compensation as a DoorDash injury victim, contact the attorneys of Normandie Law Firm.
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Common Accidents for DoorDash Delivery Workers
Accidents on a customer’s premises are more common than people think. There are many ways you can be injured in the course of a delivery, but here the top 4 accidents we see among DoorDash drivers:
- Slip and falls
By far the most common accident for delivery drivers, slip and falls can happen for many reasons, including spills, water leaks, slippery surfaces, and icy walkways. Victims can suffer extremely serious injuries, like spinal cord damage and traumatic brain injury, so get medical treatment immediately if you’ve had a slip and fall.
- Trip and falls
There’s a myriad of things you can trip over while making a delivery. Owners have a duty of care to fix or remove things that can cause you to trip, like uneven pavement, broken tiles, exposed wiring, and torn carpeting.
- Falling objects
Objects at elevated levels must be secured so they don’t fall on top of people and cause serious injury. Light fixtures, for example, can do considerable harm depending on their weight and what they’re made from.
- Dog bites
Even a small dog can do serious damage when they bite an unsuspecting person. No matter what triggered the incident, the dog owner is responsible if you were bitten while making a delivery on their property.
Broken bones, nerve damage, permanent scarring, and traumatic brain injury are just a few of the damages you can suffer from if you’ve had one of these accidents. Immediate medical attention will ensure the best possible recovery, so please get to a hospital right away. Deepening on the degree of injury, you may need long-term care, including therapy to deal with the emotional trauma of your accident. These treatments are costly, which is why you must speak with a lawyer right away. Call Nomandie Law Firm and learn about your rights if you’ve been injured while working for DoorDash.
Compensation You Can Receive
An accident results in various economic and non-economic losses for the victim. If you’ve been injured on a customer’s property, here are the types of compensation that may be available to you:
- Medical expenses
- Lost income
- Property damage
- Pain and suffering
- Legal fees
- Punitive damages
Sadly, fatalities are possible for DoorDash workers based on the extent of their injuries. If you’ve lost a family member or loved one to a DoorDash delivery accident, you may be able to sue for wrongful death compensation. A wrongful compensation claim may include:
- Funeral expenses
- Medical bills left behind by your loved one
- Loss of expected income
- Loss of consortium
- Pain and suffering
- Legal fees
You may be eligible for other damages, depending on the details of your accident. Our lawyers can go over this with you in detail and ensure that you are fairly compensated for your losses. To start a claim for injury or wrongful death, please schedule a free consultation with one of our attorneys.
Steps to take if You’ve been Injured on a Customer’s Property
Gathering evidence and documentation of your accident is essential if you plan on taking legal action to recover your losses. Here are some steps we recommend if you’ve had an accident on a customer’s property:
- See a doctor right away, or call 911 if you have serious injuries. Aside from getting treatment, you’ll need a medical report as proof of the harm you’ve suffered.
- Use your phone to take pictures of your injuries and the scene of the accident.
- If there are witnesses, try to get a statement from them as well as their contact information.
- See if you can spot security cameras on the customer’s property, or on neighbors’ properties that may have footage of your accident.
- Call the police so that you can obtain a police report.
- Make sure to call DoorDash, or whichever company you’re delivering for and notify them of the accident. This will also give them a chance to reassign the rest of your deliveries.
- Get the property owner’s name and their insurance information.
- Organize your evidence and keep it in a safe place.
- Speak with a personal injury lawyer as soon as possible.
Statute of Limitations for DoorDash Injury Lawsuits
Statute of limitations refers to the amount of time you have to file a lawsuit. In California, you have two years from the date of injury to sue the responsible party. If you’re seeking wrongful death compensation, you have two years from the date of death to file a claim. This may seem like a lot of time, but the days after an accident go by quickly and before you know it, it’s close to that two year deadline. If you don’t file your lawsuit within the statute of limitations, you risk losing any possibility of monetary compensation. To protect your rights and recover the funds you deserve, please give us a call as soon as you can.
Free Second Opinions
Some of you reading this article may have filed a lawsuit already. Maybe you’re researching this topic because you lack confidence in your lawyer’s abilities. That’s certainly a bad sign, though it may not be the only issue you have with your attorney. Perhaps you’re unhappy with their lack of communication or feel like your case has dragged on for too long.
Luckily, California law allows you to change counsel at any point in your lawsuit, but it’s not something you should do without guidance from an experienced attorney. If you are in this situation, we invite you to come in for a free second opinion. During your consultation, we can go over your case and advise you on the pros and cons of switching to another lawyer. And if working with us is in your best interest, we’ll take care of the details, like notifying the court and working out a payment agreement with your current law firm.
Contact our office and schedule a free second opinion with one of our attorneys.
The Delivery Accident Injury Lawyers of Normandie
We rely on delivery drivers for all kinds of goods and services, but rarely think about the risks they take in order to make our lives easier. Here at Normandie, we are committed to fighting for the rights of DoorDash and other food platform workers when they are injured on the job. Our commitment includes a Zero fee guarantee, which makes all our services free to you during the course of your lawsuit. The only way we get paid is if you get paid, and if we lose your case, there is no cost to you whatsoever.
Whether you’ve just had an accident or have already filed a lawsuit, our lawyers can assist you in recovering the funds you’re entitled to. Contact Normandie Law Firm and find out about your rights and legal options.
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