What should I do if I was hit by a DoorDash, Uber Eats, or other food delivery app driver? We get that question frequently. First, read on. Second, contact us.
Understand that if you were injured in a car accident that was caused by a food delivery driver such as Door Dash or Uber Eats, we can help you seek compensation.
While commonsense tells us that delivery drivers drive fast and often reckless as they hurry to meet job demands to make as much money as possible in as little time as possible, these delivery drivers are dangerous given how their apps function.
When we started handling these types of food delivery drivers causing car accident cases, we were shocked at what we uncovered about the delivery drivers and the apps. We discovered that many of these companies perform no safety screenings of their drivers before hiring. We found that many of these companies conduct no safety trainings for their drivers. We uncovered that many of these companies keep delivery drivers with a known, dangerous driving history. To make things even worse, many of these companies’ apps bombard their drivers—while the drivers are driving—with distracting messages/alerts. And based on how these apps evaluate the profitability of their drivers, the drivers view and respond to the messages—while driving. Obviously, with such distracting apps, delivery drivers then frequently cause serious car accidents. Through our case investigations, we found Doordash, Uber Eats, and other food delivery apps use financial incentive structures and app designs that inherently increase the likelihood of distracted driving of its drivers. Based on the safety studies, distracted driving can be just as dangerous as drunk driving.
We have learned that the delivery drivers are rated and financially encouraged to deliver faster. The drivers can stack up multiple orders—this is called batching. What that means is that drivers can be mid-delivery for one order when the app sends them one or more additional delivery job invitations. These are based on the company monitoring exactly where the drivers are and how to maximize the number of deliveries the driver can make. The companies provide financial benefits and “perks” to its busiest drivers. The opposite is also true, i.e., if the driver delivers orders too slowly, the driver is penalized financially, suffers low ratings, and receives less preferable/profitable job invitations.
These companies have large data teams that monitor countless aspects of their drivers and the delivery process—and the monitoring is aimed at increasing speed and profit rather than safety. One thing that sets us apart from other lawyers is that we at ThePhillyLawyers understand the universe of data that exists about these food service delivery apps. We consult with data scientists to help us understand their monitoring. We understand that companies—such as DoorDash, Uber Eats, and others—collect a tremendous amount of data about their drivers. One thing that the companies do not want us to know is the crash data shows an awareness by the company of unsafe driving on the part of their drivers when the drivers are delivering food as quickly as possible. This awareness by the company shows that they are consciously disregarding known risks to other drivers as the companies’ profit models are speed-over-safety.
While this article could go down a rabbit hole of technical jargon about each app, rest assured that we have expertise, experience, and contacts for these cases to hold the negligent drivers and companies accountable. What that means for you is that we can get the highest possible recovery for you.
If you’re reading this article, chances are that you, or your loved one, was injured in an accident caused by a food delivery driver’s negligence. While we are sorry for your misfortune, you have come to the right place because ThePhillyLawyers represents people injured in accidents. We bring claims against not only the food delivery driver but also against the company that they were driving for. Since gig workers often classified as independent contractors, the companies themselves are not automatically liable; however, DoorDash, Uber Eats, Postmates, and some others provide liability insurance to their drivers depending upon what stage of the delivery process the driver is in when they cause the accident. So we will investigate those facts to find maximum coverage for your accident.
These apps’ policies to only provide liability insurance at certain stages of the delivery process is disingenuous since we know that the delivery drivers—no matters what stage of the delivery process they are in—put speed over safety to increase their, and the company’s, profits. To protect you, we work to make sure that the company’s liability is part of the claim. The reason we do this is because often the driver only carries the state minimum liability insurance coverage, which will fall far short of covering your serious injuries. However, DoorDash, Uber Eats, Postmates, etc., carry larger liability insurance policies that can help cover serious injuries. The other reason we bring claims against the companies is to hold the company accountable for their profit-over-safety business models. Their profit is based on speed rather than safety and that harms all of us on the road.
Here’s a link to our general information sheet on “What should I do if I get into a car accident?” Because the driver in your accident was driving for a delivery app, the additional step from those listed in the prior link is to report the accident to the company for the driver, e.g., DoorDash, Uber Eats, Postmates, etc. Therefore, if you can, at the scene, determine who the driver was driving for at the time he/she caused the accident.
We are experienced accident lawyers. If you need a Philadelphia DoorDash Accident Lawyer, or a Philadelphia Uber Eats Accident Lawyer, call us today at (215) 884-9300. For additional information, please view our car accident page.
Lawyers R. Emmett Madden and Andrew Alston have vast experience with the shortcomings in Pennsylvania’s inpatient Drug Rehab Centers and Medically Supervised Detox Facilities. In earlier stages in their careers, both zealously advocated for the needs of addicted persons when they served as lawyers at the Defender Association/Public Defenders in Philadelphia. Before Emmett became a lawyer, he worked as a social worker, serving people who suffered from addictions. And before Andrew became a lawyer, he served as an Emergency Medical Technician earning hands-on experience saving addicted persons.
When a person overdoses and dies in an inpatient drug rehab center or detox facility, it is because of the failures of the facility. We have seen firsthand that rehab centers and detox facilities too frequently promise quality, safe treatment, and medically supervised detox, but many only provide a sub-standard level of care. Pennsylvania drug and alcohol rehabilitation centers and medically supervised detox facilities are regulated by the Pennsylvania Department of Drug and Alcohol Programs (DDAP) that requires the centers to meet standards of care. And even though the facilities have additional standards of care to follow, and are paid to serve their patients, the facilities too frequently cut corners and focus on profit over safety.
This situation is made even more tragic when those responsible for operating the rehab or detox inappropriately blame the addicted person or their families for the death. Drug rehabilitation centers are multimillion dollar businesses who need to be held accountable when they fail their patients and their families. We hold the facilities accountable for their negligence and medical malpractice. Most lawyers lack the knowledge, experience, and passion to prosecute Drug Rehabilitation Centers and Medically Supervised Detox Facilities. We excel at those tasks.
Because there is a two-year time limit to file actions for negligence and/or professional malpractice against these facilities, do not delay contacting us. We can begin our investigation immediately to help bring you answers. And if we find that the facility’s care fell below standards, then we will zealously prosecute the case, seeking all legal relief against all responsible parties and entities. This process, we find, helps families understand what happened, work towards closure, secure monetary relief to provide for surviving family members, and helps prevent future needless deaths from recurring at these facilities.
If your loved one died in an inpatient drug rehab center or a medically supervised detox facility in Pennsylvania, call the team of R. Emmett Madden and Andrew Alston at ThePhillyLawyers.com. Fighting for Justice every day.
Save the date (July 24, 2024) and listen to Andrew Alston talk about the use of visual technology in the courtroom. Hosted by The National Institute of Trial Advocacy—the premier trial training institute in the country.
Understanding the Recall
In a shocking turn of events that has sent tremors through the world of personal transportation, Future Motion, the once-celebrated manufacturer of the wildly popular Onewheel electric skateboards, now finds itself at the center of a product recall. This recall, mandated by the U.S. Consumer Product Safety Commission (CPSC), involves a staggering 300,000 units spanning all Onewheel models sold in the United States.
The catalyst for this recall is as disturbing as it is heartbreaking. Numerous reports have emerged of Onewheel skateboards failing to maintain the balance and stability that was once their hallmark. The consequences have been nothing short of catastrophic, with four lives tragically lost between 2019 and 2021, and a litany of severe injuries, including traumatic brain injuries, paralysis, fractured bones, and torn ligaments, resulting from the device abruptly stopping and forcefully throwing the rider off.
Legal Liability and Your Rights: Can I Sue?
If you or a loved one has suffered a devastating injury or the unspeakable pain of losing a loved one due to Future Motion’s negligence, know that you are not alone. The compassionate and relentless advocates at ThePhillyLawyers are here to be your voice, your shield, and your sword in the battle for justice. We will leave no stone unturned in our pursuit of the truth, tirelessly working to secure the compensation you deserve for your medical expenses, lost wages, physical agony, emotional anguish, and the incalculable toll this tragedy has taken on your life.
To qualify for a claim, the injury must have resulted from the device malfunctioning and stopping abruptly, causing the rider to be thrown from the device. Please note that injuries sustained from falling off the device during normal use may not qualify. However, if you or a loved one is injured due to the Onewheel electric skateboard malfunctioning, and you suffered a severe injury, Future Motion could be held responsible.
Talk to an Attorney
It is time for Future Motion to be held accountable for their actions. By taking legal action, you are not only fighting for your own rights but also sending a powerful message that corporate negligence will not be tolerated.
Because Future Motion has its own team of attorneys, you should consider getting your own legal professional if you or a loved one has been injured by a Onewheel. Don’t underestimate how savvy Future Motion is. They’ve been in the liability game for a long time, and they have lawyers either on staff or on retainer. These lawyers are responsible for providing legal advice on a wide range of issues that the company may face — including litigation when a customer gets injured by their product. To effectively navigate this complex legal landscape, it’s crucial to have your own experienced legal professional on your side.
The battle-tested legal team at ThePhillyLawyers is prepared to be your unwavering ally, tireless advocate, and guide through this challenging journey. We will fight to ensure the truth is brought to light, justice is served, the voices of the victims are heard loud and clear, and the scales of justice are balanced so no one else falls victim to the Onewheel’s broken promises.
The road ahead may be long and arduous, but with ThePhillyLawyers by your side, you can rest assured that your rights will be fiercely defended, and your voice will be heard. If you or a loved one has been affected by the Onewheel recall, contact us at (215) 884-9300 for a free consultation to discuss your case and learn more about your legal options.
The show hosts, Patrick T. Doherty, Esq. and professional radio host Joe Dougherty, enjoyed a lively discussion with Mr. Alston. The program discusses unique aspects of ThePhillyLawyers and our legal team—Emmett Madden, Andrew Alston, Megan Harkins, and Mindy Torjman.
Enjoy a listen here to get a sense of how ThePhillyLawyers is different from other law firms.
ThePhillyLawyers brings a personalized approach to client representation. We really get to know our clients. We learn about our clients’ individual, human stories. While our representation is typically sought out after an individual suffers an extreme life event, we dig deeper to understand that one event is not the full story. Our holistic approach means that we walk in the shoes of our clients. We invest time and energy in learning about our clients—their backgrounds, their present conditions, and their future aspirations. What barriers exist and how can we reduce the barriers to get our clients to where they wish to be. We get to know their families, their suffering, their conditions, and we come up with creative ways to help make their lives better. Each of our clients brings a human story. We listen, we ask questions, we investigate. And then we bring our clients’ human story alive through our dynamic and creative representation.
We use our personalized approach to win the highest possible settlements or trial judgments in civil personal injury cases. Similarly, we use this personalized approach to secure justice for our criminally charged clients.
With our client-centered approach, not only do our clients feel seen and understood, but our understanding helps affect the best possible outcomes for our clients. When we think about doctors, we frequently talk about the doctors’ bedside manner. How does the doctor interact with their patients? Does the doctor rush in, do a cursory examination, and then rush to a judgment without ever really listening to his/her patient and learning their history? Does the doctor miss issues or give incorrect diagnoses? Certainly, no patient who wants the best medical outcome should work with a doctor with a poor bedside manner. Similarly, in our legal representation, ThePhillyLawyers prides ourselves on having the best bedside manners. We are relatable and compassionate. We are accessible and trustworthy strategists. We earn our clients’ trust from the beginning, and, after the legal issue is resolved, we have earned our clients’ praise.
ThePhillyLawyers brings persuasive, cutting-edge use of visuals to our client representation. Mr. Alston was also asked to talk about ThePhillyLawyers unique use of visuals in the courtroom. We are the forefront of the persuasive use of visuals. In fact, Mr. Alston is frequently invited to lecture on these topics at legal advocacy programs—such as the National Institute of Trial Advocacy—and various continuing legal education programs and law school trial advocacy programs.
ThePhillyLawyers brings its unique approach of thorough preparation and top-level advocacy to client representation. Another topic explored during the radio program was how clients will do best to hire the most talented and most persuasive attorney rather than the most (paid-for) advertised. The bought-and-paid-for billboard and television advertisements by certain law firms claiming to be the most aggressive or the largest or some other superlatives about the biggest cash recoveries for other clients are ridiculous claims. That is, such claims have nothing to do with helping the individual clients suffering catastrophic personal injuries.
When an injured person is trying to find “the right lawyer” it is very difficult for injured people bombarded by over-advertised personal injury attorneys/firms to really find the right lawyer for them. As the program discusses, an injured person should pause and consider what they really need. That is, what will best serve your individual client interests? A big billboard or television commercial will do nothing to get you what you need. Rather, what a seriously injured client needs is to hire the law firm that will best-know each individual client’s life story and apply the appropriate skills to win the best outcome. The skills needed are high-level legal representation based in thorough preparation, top-quality writing, talented oral advocacy, and persuasive visuals. That intelligent recipe is exactly what ThePhillyLawyers, as a boutique firm, consistently brings to our clients.
Check out our 5-star reviews on Google to get a sense of our satisfied clients. If you, or your family member needs our services, call ThePhillyLawyers today at (215) 884-9300.
Recently winning a jury trial for rape charges in Philadelphia was a proud victory for us. We knew our client was innocent. Given the political climate, the odds were against us. And, of course, with a young man’s freedom on the line, the stakes were high. But we were able to relentlessly advocate to achieve a full acquittal. And now, we are very proud to share that we won another very similar case in Delaware County this month.
Be wary of any lawyer who claims to win all their trials. As others have put it, “that’s how it is with legends. The greater they sound, the more [they] must’ve left out.”
However, in terms of real case outcomes, we know from the data that once sexual assault or rape charges are brought, it is very difficult for the accused to prevail. But lo-and-behold, ThePhillyLawyers is proud to share some reflections and takeaways from our most recent college campus rape trial.
What we have found is that in our current political environment, i.e., the #MeToo movement, the police and prosecutors seem afraid not to charge a man whenever a woman makes a claim against a man. Based on recent cases we have handled, and studying the trends, we have found this typing of criminal charging—even after the police/prosecutor only hears one side of a story—occurs frequently on college campuses.
Also, from what we have learned from our cases, while there is no one reason that can be stated with certainty, the mixture of college students engaging in adult behaviors with partners who they often only just met, along with the combination of alcohol, frequently results in consensual sexual encounters that are later regretted.
When a consensual encounter that is later regretted gets reported as a sexual assault or rape, and when the police and prosecution accept the accuser’s version with no corroboration or real physical evidence, it leads to charging innocents. In these scenarios, we have seen that the police engage in what social scientists call confirmation bias, i.e., they essentially ignore any evidence that does not support their guilt-laden narrative.
In one of our recent cases, the prosecutrix alleged rape when she felt rejected by our client who lost interest in her after their sexual encounter. In another of our recent cases, the prosecutrix alleged sexual assault as a “medical reason” in order to get refunded her tuition money and better academic record for a semester that she would have otherwise forfeited tuition for and failed academically when she was beyond the withdrawal deadline for the semester.
In both cases, we thoroughly investigated the matters and brought to light a number of disinterested witnesses—who the police and prosecutors had actually failed to interview. These witnesses shared with us critically important information that showed us that the sexual encounters were actually consensual. In these two recent cases, the police/prosecution had failed to investigate thoroughly or ignored the disinterested witnesses’ evidence, which did not support a guilt-laden narrative. Such “stacking the deck” or negligent investigation is inexplicable.
Based on this culture of police and prosecutors unquestioning acceptance of a complainant’s version, these rape and sexual assault charges are frequently brought against innocent young men. And we have noticed that at trial the prosecutor clings tightly to a certain Pennsylvania jury instruction that basically stands for the proposition that a jury can convict a defendant in these types of cases based upon the uncorroborated testimony of the accuser. There are, however, many other jury instructions that require the jury to more closely scrutinize the prosecution’s case.
Because of our independent investigations in both cases, and our scrutiny and challenge to the prosecutions’ narratives, we’re proud to share this second, recent favorable outcome in a college student sexual assault trial.
After the relief of the outcome sunk in, our client shared with us that he is “so thankful for you guys. I’ve been visualizing this day/feeling for the past 2 ½ years and it’s even better than I can even imagine.” In an unjust system that, at times, seemingly has the presumption of guilt with certain types of charges, you need a lawyer who is not afraid to fight for justice.
Bicycling is my sanctuary. Fifteen years ago, when both my parents fell ill, I asked their neurologist what I could do to stave off illness. Her answer: stay active, stay fit.
Cycling has brought me so much more than physical fitness. It has brought balance to my stressful and busy life. Cycling has helped me clear my mind through meditative, cardiovascular activity. I take pride in my progress as a cyclist, and I have become part of a positive, eccentric, and diverse community of fellow cyclists. But it feels increasingly dangerous on the roads.
In the last month, cars killed two cyclists in my community: one up the street from my home, as I was blocks away on my bike:
Bicyclist fatally struck by a car in Jenkintown.
And another on Henry Avenue by Roxborough:
Kevin Saint Clair died after being hit while riding his bike
Kevin was a long-time member of my team, Guy’s Racing Club, and an active racer.
On November 19th, the Bicycle Club of Philadelphia organized a World Day of Remembrance 2023, an annual event to honor people who have lost their lives to traffic accidents in the Philadelphia area. I was proud to take part.
I understand the risks of getting killed by a driver. Motorists, I implore you to please drive safer. Safer roads benefit drivers, pedestrians, and cyclists. Here are my requests for motorists:
Be Present
From work to family life, being present and in the moment makes you better. No matter if it is night or day, bike lane or no bike lane, cyclist and pedestrians have equal rights on the road. Think about that fact next time you are driving and are forced to change your behavior to safely pass a cyclist. A good driver expects the unexpected, observes what is on the road and makes calm, safe decisions. Be present and not angry. Be present and react safely to fellow humans walking, riding, or driving. You will be a better driver, happier, and safer, if you accept the fact that we all have equal possession of the roadways. Give cyclists space when you pass them—it is the law—and please don’t pass cyclists by recklessly driving into oncoming traffic. Your lack of patience does not justify endangering everyone else.
Calm down
My observation is that too many car drivers drive with a heighten sense of urgency. The idea of waiting a few seconds, and safely passing a cyclist, appears to be an offensive suggestion to many motorists. When you get in your car to go somewhere, please calm down. The sacrifice and inconvenience of passing a cyclist without risking your life, their life, or the life of other drivers, is well worth those seconds. Share the road means respecting other’s right to exist on the road.
Slow down
If you are speeding, you have less time to react to emergencies and less time to avoid an accident.
Phone down
Do not use your phone while driving. Not worth the risk, please.
Please keep the above in mind and make our roads safer for all users. I promise to be an advocate to make the roads safer for cyclists and I ask you to please join me.
What does a “Petition for Expungement” mean and why should I file one?
If you have been arrested and the charges were withdrawn, dismissed, Nolle Prossed (dismissed by the District Attorney), you have completed ARD (Accelerated Rehabilitative Disposition), or found Not Guilty, your criminal record associated with this docket number will still be out in the universe for all to see, indefinitely. These charges will still appear on any criminal background check of your name or social security number. A criminal record will cause major difficulties when filling out a rental application, applying for a job, entering the military, applying for a credit card, and a host of other scenarios. The only path to a clean criminal record is the filing of a Petition for Expungement.
The courts are not required to remove or expunge your criminal record once your case is resolved, even if your charges were dismissed, withdrawn, or Nolle Prossed. These charges will still appear on all criminal background checks even if you have completed ARD or were found not guilty by a jury or a judge.
Why do I need to file this petition? Because you need a clear criminal record. A Petition for Expungement is a motion filed with the Clerk of Courts in the county of the arrest. Once granted, your entire criminal record associated with your specific docket number is removed and destroyed from the Unified Judicial System of Pennsylvania. All charges relating to this particular docket number are wiped clean from the system and the entire matter is removed. Any agency involved in the original charges is ordered by the Court to remove this docket number from their system, certify this removal and the physical destruction of the file. The local court and police department where the charges originated are ordered to destroy your file. The District Attorney’s Office and the Administrative Office of Pennsylvania Courts are also notified and ordered to remove your record from their database. Even the Pennsylvania State Police are so ordered.
ThePhillyLawyers have filed hundreds of Petitions for Expungement for their clients. It is a simple and painless process with extraordinary results… a clear criminal record. Although the process may take a few months to conclude, a Petition for Expungment is the only path to a clear criminal record. There are, however, some charges that cannot be expunged or may require a five-year waiting period to file. Please call ThePhillyLawyers and see if your charges can be expunged so you can have a clear criminal record.
