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.
On average, every year there are 6 million car accidents in the United States. (About 16,500 accidents every day). And out of these, approximately 3 million people are injured every year. In fact, the NHTSA reports that the average driver in the United States will be involved in 3 to 4 crashes in their lifetime.
Apart from obvious preventative measures—such as wearing a seatbelt, not driving under the influence, not texting while driving, not speeding, and obeying the traffic laws—there are some other important areas that are worth considering:
Does the type of car insurance coverage that I have really matter?
Yes. Car insurance policies and companies vary widely. Some policies—even though they satisfy the minimum insurance requirements in Pennsylvania—are grossly insufficient. And some companies—even when it is your own insurance company who had a duty to treat you in good faith—can be very difficult to deal with when you are in an accident.
You should not select a policy just based on the price of the policy. Rather, you need to select a policy based on what coverage the policy actually provides.
Unfortunately, what many injured individuals have found out, too late, is that the lowest priced policies often provide inadequate insurance coverage for the extent of the car accident injuries that occurred. A cheap policy may really have insufficient coverage, which may put you, or your loved ones, is a bad position following a car accident.
Often, the price difference between a policy that provides sufficient coverage versus a policy that is grossly insufficient is not even a big price difference in the premiums. You can get significantly more coverage by paying a little more and by selecting the right policy. This is the pay now and save later approach.
We have found that most people who select inadequate policies have done so not because of the price difference, but because they just did not know any better. They fell for the aggressive insurance companies’ marketing of how much they can save you on car insurance. But you get what you pay for, so that less expensive policy in the short-term may end up costing you much more in the long-term when the coverage is insufficient.
Below, we discuss more details about car insurance coverage so that you will understand key concepts.
What is the difference between Full Tort versus Limited Tort insurance coverage?
In Pennsylvania, if you selected limited tort, you pay a lower premium for your insurance. But with limited tort coverage, you may only recover money for your pain and suffering if you have sustained what the law defines as a “serious bodily injury.” A serious bodily injury is generally considered to be a life-changing, permanent injury.
If you choose limited tort and are unsure if you have sufficient injuries, you should consult an attorney.
In Pennsylvania, drivers pay a higher premium for full tort insurance coverage. But with full tort coverage, you have better coverage, and you may recover money for your pain and suffering.
If you select full tort coverage, you will have a much better policy that will protect you more. Unfortunately, insurance companies rarely explain coverage options.
What does Uninsured and Underinsured Motorist (UM/UIM) insurance coverage mean?
This is one of the most important, and most overlooked, insurance decisions an individual needs to make. Without uninsured/underinsured motorist (UM/UIM) coverage, if you are seriously injured by a negligent underinsured, or uninsured, motorist, you risk receiving nothing.
UM/UIM coverage protects you from other drivers who either have no insurance coverage or who have a policy limit that is too low to cover the cost of your injuries.
Please check your policy to ensure that you have selected that your policy includes these important UM/UIM coverage options.
Again, unfortunately, insurance companies rarely explain coverage options. If you would like to talk to an experienced personal injury attorney about your insurance options to make sure your auto insurance includes good coverage, please call us at ThePhillyLawyers.
What should I do if I get into a car accident?
There are several things you can do to protect yourself if you are in a car accident. If you are able:
1. Call the police.
2. Never admit fault.
3. Get all the following information from the other driver: driver’s name and address, owner of the car, license plate number, and insurance information.
4. Take pictures of all the cars, the damage, and the surrounding area—including the street, any skid marks, and any signs or obstructions.
5. Promptly seek medical treatment at the hospital or doctor.
6. Inform your doctor of all your pain and injuries; provide as many details as you can.
7. If your pain continues or increases, keep your doctor updated and informed.
8. Follow up on all treatment recommendations.
9. Call us immediately at 215-884-9300, even while at the accident scene, and we will help you further.
Do I need a lawyer after my car accident?
After a car accident, here are some of the many reasons why having a lawyer is in your best interests:
Insurance companies are large, profitable businesses who train their adjusters to save the company money. Other parties’ insurers often use tactics designed to avoid or deny that their insured driver was actually at fault. They will pressure you to accept fault. They will even try to get a recorded interview from you. You need a lawyer who preserves your rights. You need a lawyer to help you with your own insurance company and to protect you from the other parties’ insurers.
In many accidents, there is often a question of who was at fault. For these disputed liability cases, you need an experienced lawyer who can investigate the issues, who can resolve liability questions, and who has the experience and willingness to take cases to trial.
After an accident, pain and suffering frequently worsens. The effect on your life, your work, and your family can be life-altering. The right personal injury lawyer will ensure that these real life-impacts are considered and valued at settlement discussions and at trial.
Also, the laws and billing practices in Pennsylvania regarding payment for medical treatment can be confusing for people. A car accident attorney can help ensure that your medical bills get paid in by the right parties. Without a lawyer, your bills may go unpaid and become your responsibility.
Additionally, as part of your personal injury claim, the right lawyer for your claim will also look at your future medical expenses, past and future lost wages, and property damage. Because the rules are confusing and insurance companies are often unhelpful, you will need an experienced lawyer to guide you through the process.
After an accident, you will receive many phone calls—the person who hit you, their insurance company, the hospital, the doctors, your insurance company, and more. With a personal injury lawyer, you will have help with all of this. Because we become your representative to handle those calls and inform those parties of what they need to know, ThePhillyLawyers lowers your stress level. That gives you the time and energy to focus on your healing. Call us today at 215-884-9300 and we will be glad to answer your questions. For additional information, please view our car accident page.
After being injured in an accident, an immediate concern is paying for your medical treatment. Payment of medical treatment should never stop you from getting the essential medical care. The law in Pennsylvania mandates that automobile insurance pays for medical treatment after a car accident. If you have been injured in a car accident, it is imperative that you give the emergency room or any other medical care providers your car insurance information. Pennsylvania law requires that your car insurance pays for your medical treatment up to a certain amount. At a minimum, this provides you with $5,000.00 of medical coverage. (more…)
Our client was driving her dog to the veterinarian when a tractor trailer turned into her lane of travel, resulting in a serious accident. She was rushed into surgery with two burst vertebrae, a concussion, and various other injuries. Early in process she contacted ThePhillyLawyers. We made sure she received the best medical treatment and that all her bills were paid. For her case, we hired medical, traffic, and engineering experts, leaving nothing to chance. The truck driver plead guilty in Traffic Court to making an illegal left turn.
After over a year of rehabilitation and treatment, she wanted the entire ordeal behind her. We hired experts proving liability and illustrating the large financial, emotional, and physical impact the crash had on her and her family. The defendants agreed to an early mediation.
Mediation is a process used to settle a lawsuit without costly time-consuming litigation. Jury trials are expensive and emotionally draining. In mediation, the two sides agree to a respected lawyer who acts as a mediator and evaluates all the evidence. The mediator reviews all treatment records, lost wage records, as well as expert reports on future medical expenses, future lost wages and future medical and physical problems.
At mediation, we presented our case as if we were in front of the jury. Overwhelmed and impressed, the defendant’s lawyer and the mediator understood we were serious and made an offer normally only made on the eve of a trial. Experience teaches that the best way to get a large pre-trial settlement is to show your opponent you are prepared for a jury trial.
If you have been severely injured by a careless truck driver, call or text Emmett Madden and ThePhillyLawyers today.
Have you been injured while using an Uber or Lyft? After an accident in an Uber or Lyft, you may have several questions: Who pays for my injuries and suffering? Are the driver and their insurance responsible? Or are the companies—Uber or Lyft? What are my legal options?
What are the laws regarding Uber and Lyft—specifically when it involves a car accident and injuries?
Uber and Lyft were relatively unheard of a few years ago. Now, they are a part of our daily lives. Rideshares are now one of the most popular ways to travel. And as Uber and Lyft rides increase, so do the number of accidents and injuries. But what happens if you are injured while ridesharing?
Uber and Lyft drivers are not employees of these companies but rather are independent contractors. Thus, it is hard to sue Uber or Lyft directly because companies are usually only liable for the negligent actions of their employees.
The good news, however, is that not only do these ridesharing companies require their drivers to have insurance, but Uber and Lyft also protect their drivers and passengers with substantial insurance policies.
Here is a summary of Lyft’s policy (and Uber is similar)
For Uber and Lyft there are different layers of coverage for drivers—depending on whether they have the app running and have a passenger. The important point is that if you are injured as a passenger, Uber and Lyft cover up to $1 million for personal injuries and property damage per accident. In addition, if your driver wasn’t responsible and another uninsured driver caused the accident, you are also covered through the $1 million UM/IUM (uninsured/underinsured motorist) coverage.
This insurance also covers pedestrians; however, it must first be determined whether the driver had the app running at the time of the accident.
If you have been injured while a passenger in an Uber or Lyft, you may be eligible for substantial compensation—for medical bills, loss of employment, lost wages, loss of future income, physical therapy, property damage, pain and suffering, etc.
Here at ThePhillyLawyers we have experienced attorneys who are familiar with the structure of these insurance policies. We will free you from the complicated process of keeping medical records, organizing files, filing claims, dealing with high-powered insurance and rideshare companies, and keeping track of everything else that is involved in your case. We promise to minimize your stress and maximize your compensation. Call us today.
In addition, ThePhillylawyers is also experienced with handling sexual assault cases, including those connected with rideshare companies.
Have you been sexually assaulted by your Uber or Lyft driver? Did you report the assault to Uber or Lyft? Did the company completely ignore you or do nothing to help?
Unfortunately, Uber and Lyft have not taken the necessary steps to protect their customers. Uber released its first safety report in December 2019, showing an alarming rate of 6,000 sexual assaults within the past 2 years. And that number only reflects cases that were reported.
If you or someone you know has been sexually assaulted by an Uber or Lyft driver, it’s time to take action.
Please contact our office and speak with one of our attorneys who specialize in helping victims of sexual assault and holding companies like Uber and Lyft accountable.
Throughout the winter, I had the pleasure of riding in pre-work group bike rides. This entails many layers of clothing, thick gloves, and lights on both the front and back of our bicycles. One cold morning, while riding up a hill, we passed a car in the dark. The driver was sitting at a green light looking at her phone. As the five of us rode past on our bicycles, we gave her quite a startle.
I will acknowledge that motorists on dark winter mornings do not expect cyclists. As she drove past us further up the hill two things were obvious. First, she was upset and unhappy with our presence and second, she was still busy on her cell phone.
As we crested the hill and rounded the corner, we were pulled over by several local police officers. They immediately began telling us that they had had numerous complaints about us driving in a dangerous fashion. At 47 years old and with almost a decade of serious biking experience, I am both the youngest and least experienced of my group. These are seasoned and enthusiastic cyclists.
We quickly and calmly explained to the police officers that we are allowed to be riding on the roads. The officers countered that it is dangerous for us to be riding in the dark. We again calmly explained that we have lights both on the front and the back and we are allowed to be on the road. The officers seemed to reluctantly acknowledge this. (more…)
An accident with a large transport truck is always extremely dangerous and often results in serious injury or death. Merely being on the road in between two trucks is enough to convince some to stay off the highways. A recent article in the Huffington Post illustrates the growing problem with truck accidents. Titled, “Trucks are Getting More Dangerous and Drivers Are Falling Asleep at the Wheel. Thank Congress: The inside story of how the trucking industry and politicians conspire to make our highways less safe.” The authors demonstrate how Congress has conspired with large shipping companies such as Walmart and Federal Express to lower the safety standards and increase profits at the public’s expense.
The article discusses many fatal trucking accidents where truck drivers were criminally negligent—from the accident that nearly killed actor Tracy Morgan, to one in July 2015 that killed a mother and two small children. And the horror is increasing. Drivers are pushed too hard, driving too long of hours, using stimulants, and exceeding the safety limitations. One cause of these accidents were less checks on drivers and companies to make sure that they followed the rules. There is a trend in the United States Congress that has deregulated the trucking industry, making it easier for drivers to drive for days on time without sufficient breaks. (more…)
Emmett Madden and ThePhillyLawyers partners with Kilkenny Law to chair their newly founded personal injury and civil litigation division.
R. Emmett Madden, Esq., owner and founder of ThePhillyLawyers—the Delaware Valley’s premier Personal Injury and Criminal Defense litigation firm—is excited to announce our partnership with Kilkenny Law.
Mr. Madden will be chairing Kilkenny Law’s newly incorporated Personal Injury Department. Kilkenny Law, which was founded by former Justice Advocate General Officer and current Montgomery County Sheriff, Sean Kilkenny, was traditionally focused on Municipal Law, Zoning, and Land Use litigation. But now, to offer the best representation to injured victims, these two firms are combining their resources and experience.
If you suffered an injury from a large corporation, a trucking accident, a car accident, or professional negligence, call us. We will provide you strong and aggressive representation to maximize your financial award.
