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Why Choose Davis Law Group in Houston?

At Davis Law Group, we don’t back down. Our Houston-based team has deep knowledge of food delivery accidents' complexities, including third-party contractor loopholes and commercial policy exclusions. We dig deep, act fast, and fight hard to get you maximum compensation—whether that means negotiating with corporate insurers or taking your case to trial.

Verdicts & Settlements

  • Walker-Sanneh v. Lewis: $114,912.59 Judgment following 2-day Jury Trial.
  • Holt v. Jones: $1,016,151 Judgment following 4-day Jury Trial.
  • Luna v. Steele: $164,139 Verdict.
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Alarming Statistics on Delivery Driver Accidents

With the rise of app-based delivery services, road risk has skyrocketed:

  • A 2022 report from the U.S. Bureau of Labor Statistics shows transportation incidents accounted for 38% of all workplace fatalities, with delivery drivers heavily represented in that group (BLS)
  • The National Highway Traffic Safety Administration (NHTSA) also attributes a growing number of crashes to distracted or overworked gig drivers

The most common causes of these accidents include:

  • Distracted driving (app notifications, GPS directions, or customer texts)
  • Speeding to meet delivery quotas
  • Fatigue from long shifts and multiple jobs
  • Illegal parking or U-turns in busy intersections
  • Aggressive driving under time pressure
  • Inadequate driver screening or training by delivery platforms

Common Types of Injuries in Food Delivery Crashes

Accidents involving food delivery drivers often happen at high speeds or in congested areas, leading to serious injuries such as:

  • Traumatic brain injuries (TBIs)
  • Spinal cord damage
  • Internal organ trauma
  • Broken bones and fractures
  • Severe lacerations and scarring
  • Whiplash and soft tissue injuries
  • Psychological trauma, like PTSD
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Where These Accidents Frequently Occur in Houston

Food delivery driver accidents can happen anywhere, but are especially prevalent in:

  • Busy urban intersections (e.g., Westheimer Rd, Main St)
  • Apartment complexes and gated communities
  • Drive-thru lanes and curbside pickup areas
  • Downtown and Midtown business districts
  • University campuses and hospital zones
  • Suburban neighborhoods during dinner rush hours

Who Can Be Held Liable?

The Delivery Driver

  • If the driver was speeding, distracted, impaired, or otherwise acting negligently, they can be held personally liable for the accident
  • This is especially relevant if the driver was using their personal vehicle and lacked appropriate commercial or rideshare insurance coverage
  • Texas law requires drivers to carry minimum liability coverage (Texas Transportation Code § 601.072), but that coverage may not apply during commercial use unless explicitly included

The App-Based Delivery Company (e.g., DoorDash, Uber Eats, Grubhub)

  • These companies typically classify drivers as independent contractors, shielding themselves from direct liability
  • However, if the platform’s app features, unrealistic delivery timelines, or incentive-based pay structures encouraged reckless behavior, the company may be liable under a theory of negligent supervision, negligent hiring, or vicarious liability
  • Some companies provide supplemental insurance coverage, but access to that coverage depends on whether the driver was “active” on the app at the time of the crash

Third-Party Motorists

  • If another driver contributed to the accident—by running a red light, failing to yield, or driving while distracted—they may share liability
  • In multi-vehicle collisions, comparative fault rules will apportion damages based on the percentage of fault assigned to each party

The Restaurant or Establishment

  • Although less common, a restaurant could be liable if they exerted control over the driver’s actions
  • For example, if a restaurant manager directly pressured the driver to rush deliveries or use unsafe routes, or if the restaurant employed the driver directly (rather than using an app platform), they may bear responsibility for the resulting crash under respondeat superior or negligent direction

Vehicle or Parts Manufacturers

  • If a mechanical failure, such as defective brakes, airbags, or steering components, contributed to the crash, the manufacturer or supplier of those parts could be held liable under product liability law
  • This is especially relevant if an investigation reveals that the vehicle failed despite routine maintenance or if there was a recall that was not adequately disclosed or addressed
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Types of Compensation You Can Recover

If you're injured in a food delivery accident, you may be entitled to economic and non-economic damages such as:

  • Medical bills and future care expenses
  • Lost income and reduced earning potential
  • Pain and suffering
  • Mental anguish and emotional trauma
  • Vehicle repair or replacement
  • Wrongful death damages (if a loved one was killed)

Steps to Take After a Food Delivery Driver Accident

  1. Call 911 and report the accident
  2. Document the scene—take photos of vehicles, injuries, road conditions, and delivery app info
  3. Get medical attention, even if you feel “okay”
  4. Do not talk to the insurance company or sign anything
  5. Call Davis Law Group to preserve your rights and launch a full investigation

Why You Need a Lawyer After a Delivery Driver Crash

These cases are rarely simple. Food delivery drivers are often independent contractors, not employees, which gives companies plausible deniability. Insurers may deny coverage or offer lowball settlements. A lawyer helps:

  • Investigate driver employment status
  • Determine which insurance policies apply (driver’s, company’s, or both)
  • Preserve dashcam or app data before it's deleted
  • Handle negotiations and legal filings under tight deadlines
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FAQ's

What should I do if the delivery driver refuses to give their insurance information?

Can I still file a claim if the driver was not “on the clock” at the time of the accident?

What if the delivery driver was on a bicycle or scooter instead of in a car?

Are food delivery drivers required to have special insurance in Texas?

Can I sue both the driver and the delivery company?

What if I was a pedestrian or cyclist hit by a food delivery driver?

Will my own auto insurance rates go up if I make a claim in this situation?

What if the driver fled the scene of the accident?

What should I do if the delivery driver refuses to give their insurance information?

If the driver won’t provide their insurance, stay calm and call the police to file an official accident report. Officers can collect insurance details from all parties involved. You should also take photos of the vehicle, license plate, and any visible company branding (e.g., Uber Eats car decal or delivery bag). This documentation may help your attorney later identify the correct parties and insurance carriers.

Can I still file a claim if the driver was not “on the clock” at the time of the accident?

The company's commercial policy may not cover the incident if the driver wasn't logged into the delivery app or on their way to a pickup or drop-off. In that case, your claim would go against the driver’s personal auto insurance if they have coverage. We can help determine which policies apply based on digital records and app activity.

What if the delivery driver was on a bicycle or scooter instead of in a car?

Accidents involving bike or scooter delivery drivers are treated similarly under Texas negligence law, but these drivers often lack commercial insurance, and delivery platforms may deny responsibility. Depending on the situation, we’ll discuss alternative compensation sources like your uninsured/underinsured motorist (UM/UIM) coverage or third-party liability.

Are food delivery drivers required to have special insurance in Texas?

Texas does not require a special license or insurance for food delivery drivers using personal vehicles. However, many personal auto insurance policies exclude coverage during commercial use. Some platforms like DoorDash and Uber Eats offer contingent liability coverage, but only under specific conditions. We investigate all possible policies to maximize your compensation.

Can I sue both the driver and the delivery company?

Yes, in some cases you can pursue claims against both the individual driver and the delivery platform, depending on the level of control the company exercised and the driver’s status at the time of the crash. This may involve claims for negligent hiring, vicarious liability, or violations of federal or state labor laws.

What if I was a pedestrian or cyclist hit by a food delivery driver?

You still have the right to pursue a personal injury claim. Whether you were crossing the street, walking on the sidewalk, or biking through an intersection, you’re protected under Texas traffic laws.

Will my own auto insurance rates go up if I make a claim in this situation?

Not necessarily. If you’re not at fault and you file a claim against the delivery driver’s or company’s insurance, your rates typically won’t be affected. However, if you must use your own collision or UM/UIM coverage, your insurer may raise premiums depending on its internal policies. We strive to hold the proper party accountable so you don’t bear the financial burden.

What if the driver fled the scene of the accident?

Hit-and-run cases involving delivery drivers are serious. First, report the incident to the police immediately. Then, contact us to investigate. We may be able to track down the driver using license plate readers, traffic cameras, or app-based employment records. If the driver cannot be located, we may pursue compensation through your own UM/UIM policy.

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Contact Davis Law Group Today

If you’ve been hit by a food delivery driver in Houston, time is critical. Let Davis Law Group handle the legal battle so you can focus on healing. We offer free consultations and work on contingency, meaning you pay nothing unless we win.

Tell us what happened.
Let’s see how we can help you.

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