Injured While Delivering? What DoorDash, Instacart, and Gig Drivers Need to Know

Over the last decade, gig work has become a convenient way for many Americans to earn income. Platforms like DoorDash, Instacart, Uber Eats, and Amazon Flex allow people to set their own hours, making it easier for those with family commitments or other jobs to manage their busy schedules.

However, while delivery driving is a great option for individuals who rely on flexibility, it remains a job with significant risks. Spending long hours on the road increases the likelihood of accidents and injuries, and to make matters more complicated, gig workers generally aren’t covered by workers’ compensation or employer-sponsored health plans. That can leave them highly vulnerable when an accident occurs.

Below, we’ll cover some of the various risks that delivery drivers face and what steps they can take if they are injured on the job.

Common Types of Food Delivery Accidents

Food delivery combines a high volume of driving, walking, and interacting with the general public. Because of this, there is a wide range of accidents that can occur while on the job. Most delivery driver injuries result from one of the following:

• Motor Vehicle Accidents: Many drivers spend the majority of their day traveling on unfamiliar roads, navigating heavy traffic, and dealing with the pressure of delivering orders on time. All of these can expose them to poor road design or conditions, reckless drivers, and general stress and fatigue, increasing the risk of an auto accident.
• Slip and Fall Accidents: When delivery drivers are not on the road, they’re often traversing parking lots, sidewalks, stairways, and crossing streets. If these walkways are not kept clear of obstacles, ice, or other hazards, they can pose a serious risk for a slip and fall accident.
• Dog Bites: Even the friendliest dog can act out when met with a stranger at their door. Unfortunately, customers do not always take necessary steps to restrain their pets when receiving their order, which can result in a dog getting loose and attacking.

What Are Your Options if You’re Injured as a Gig Worker?

As mentioned earlier, the vast majority of gig workers are not eligible for workers’ compensation or employer-sponsored health insurance due to being classified as independent contractors. This means that if you are injured on the job, you will need to rely on your own private health insurance coverage. However, if your injuries were caused by someone else’s negligence, you may have another option: filing a personal injury claim.

A personal injury claim is your formal request for compensation. In most cases, claims are filed with the at-fault party’s insurance company, which is responsible for covering damages. You may have the option to file a claim in situations such as: another driver causing a car accident, a property owner failing to address a hazardous condition that leads to a slip or fall, or an individual failing to control their dog. Filing a claim in these situations allows you to seek compensation for medical bills, lost income, and other damages resulting from the incident.

How a Personal Injury Claim Works

Filing a personal injury claim involves more than simply asking for compensation; you must show that another party’s negligence caused your injuries. This is especially important in Virginia, where the state follows a contributory negligence rule. That means that if you are found even partially at fault for the accident, you may be barred from recovering anything.

With the help of Huffman & Huffman Brothers-in-Law, this process becomes much more manageable. Our team will begin by investigating the circumstances of your accident to determine what happened and who may be held responsible. Next, we will gather and review evidence, such as medical records, traffic reports, witness statements, or other documentation, to prove fault and calculate the full extent of your damages. Insurance companies often undervalue claims, so we use this evidence to advocate for the full compensation you deserve. While most personal injury cases are resolved through settlement, we are fully prepared to take your case to trial if a fair agreement cannot be reached.

Safety Tips to Reduce Your Risk

Here are a few tips that every delivery driver can take to minimize their chances of encountering a dangerous situation:

• Avoid high-traffic or poorly lit areas when possible, and always use navigation tools safely with the help of a hands-free device.
• Be mindful of speed limits, keep a safe distance, and avoid distractions such as texting or handling food orders while moving.
• Watch for icy patches, uneven steps, or cluttered walkways when approaching a customer’s door.
• Keep detailed records of your deliveries in case you need to file a claim later on.
• Be extra cautious when delivering to unsafe locations and report any unsafe conditions or encounters in your delivery platform’s app.

What Steps Should You Take After an Accident to Protect Yourself?

While the tips outlined above can be helpful in preventing an accident, no amount of preparation can eliminate every risk. Whether you’re involved in a car accident, animal attack, or other incident, here are the general steps you should follow to ensure your safety as well as protect your right to a fair settlement:

• Seek immediate medical intervention, even if you feel your injuries are minor. This ensures that your medical needs are addressed while also validating your claim through medical documentation.
• Report the incident to the police, the delivery platform, and the liable party if necessary.
• Document the incident (if it is safe to do so) by taking pictures of the accident site, damage to your vehicle, and your injuries. Additionally, exchange contact information with any witness who may have seen the incident take place.
• Keep copies of your medical records, insurance correspondence, and any expenses related to your case.
• Avoid talking to insurance companies until you’ve had a chance to talk with a lawyer at our firm. We can manage these communications for you so that your statements are not taken out of context and used against you.

If You Were Hurt as a Food Delivery Driver, Call Huffman & Huffman

While gig work offers a lot of freedom and flexibility, it can also leave drivers with limited options if an accident takes place. If you’re a delivery driver who has been injured due to someone else’s reckless or intentional actions, you may be eligible to recover damages through a personal injury claim. However, the longer you wait to file, the more challenging it can be to present a solid case, as essential evidence can be damaged or lost in as little as a few weeks. Contact Huffman & Huffman today for a free consultation. Our food delivery accident lawyers can guide you through the process and help protect your claim every step of the way.