Food Delivery Accidents Are on the Rise in Florida
With the explosion of app-based food delivery services like DoorDash, Uber Eats, and Grubhub, Florida roads are busier than ever with gig-economy drivers rushing to make deliveries. Unfortunately, these drivers often face pressure to meet tight deadlines, leading to distracted, fatigued, or reckless driving—and serious accidents.
If you’ve been injured in a crash involving a food delivery driver, you may be wondering: Can I sue DoorDash or Uber Eats?
Understanding Food Delivery Driver Status: Employee vs. Independent Contractor
Most food delivery drivers are classified as independent contractors, not employees. This distinction is critical because it limits the delivery company’s direct liability for a driver’s negligence under Florida law.
However, that doesn’t always mean the company is off the hook. Courts and insurers may still examine whether:
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The company exercised control over the driver’s actions,
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The app created unsafe conditions or incentives, or
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The company failed to maintain proper insurance coverage.
In certain circumstances, a claim may be brought directly against the delivery company under theories like negligent hiring, negligent supervision, or vicarious liability if the facts support it.
Insurance Coverage for DoorDash and Uber Eats Drivers
Both DoorDash and Uber Eats provide commercial insurance coverage for their drivers—but the coverage depends on what the driver was doing at the time of the crash:
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Not logged into the app: Only the driver’s personal auto insurance applies.
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Logged in but waiting for an order: Limited liability coverage may apply (typically up to $50,000 per person, $100,000 per accident).
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Actively delivering an order: Up to $1 million in commercial liability coverage is generally available to cover injuries and damages.
If you were hit by a delivery driver, identifying which phase they were in at the time of the accident is crucial to determining who pays.
Common Legal Claims in Florida Food Delivery Accidents
Victims of food delivery crashes can pursue several types of claims, depending on the circumstances:
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Negligence claims against the driver for reckless or distracted driving.
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Vicarious liability claims if the company’s policies contributed to the crash.
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Uninsured/underinsured motorist claims under your own policy if coverage from the delivery company is insufficient.
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Product liability or app design claims in rare cases involving defective app systems or unsafe prompts.
Steps to Take After a Food Delivery Accident in Florida
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Call 911 and report the accident to law enforcement.
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Collect driver and vehicle information, including which app they were using.
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Take photos of the scene, damages, and delivery app screens if possible.
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Seek medical care immediately—even for minor injuries.
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Contact a Florida personal injury attorney experienced in gig-economy accident claims.
Your lawyer can investigate insurance coverage, preserve electronic delivery data, and pursue compensation for medical bills, lost wages, and pain and suffering.
Get Help from a Florida Personal Injury Lawyer
Food delivery accident claims can be complex due to overlapping insurance policies and corporate liability issues. An experienced Florida personal injury attorney can determine whether DoorDash, Uber Eats, or another company may share responsibility for your injuries—and help you secure the compensation you deserve.
Have you or someone you know been injured in an accident? Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
