Oregon Injury Lawyer Blog
Last week, this blog looked at a recent Multnomah County lawsuit involving a Domino’s pizza delivery driver and a fatally injured pedestrian. The case is a reminder that, compared to a few decades ago, pedestrians, bicyclists, drivers, and passengers today face a wide array of potentially unsafe delivery drivers. Rather than just FedEx, UPS, and pizza delivery, now there is also Amazon, Uber Eats, DoorDash, and many more. If you are seriously injured (or a loved one killed) by a delivery driver who drove negligently, it is crucial to understand the unique challenges you may face. To better understand your case’s strengths and possible challenges, talk to a knowledgeable Oregon motor vehicle accident lawyer with experience handling these types of matters.
In the case of the pedestrian in Southeast Portland, the driver was a Domino’s delivery person. The driver, however, did not work directly for Domino’s. Like many chain restaurants, Domino’s employs a franchise business model. The driver worked for a Portland LLC that owned the Domino’s restaurant franchise on Southeast 82nd Avenue. That meant the pedestrian’s estate filed claims against Domino’s, the LLC franchisee, and the driver.
Other employers whose businesses involve delivery also employ multifaceted business models. FedEx is one delivery service where a driver’s status can be complex. Some FedEx drivers are employees, but the company also relies on numerous independent contractors for package delivery.
Independent Contractor or Employee?
Recent wage-and-hour (employment law) cases have included court rulings saying that some FedEx independent contractors function, in a practical sense, as employees. When the reality of what a driver does and what relationship a driver has with their hiring entity indicates the existence of an employee-employer relationship, the law may deem that hiring entity (such as FedEx) to be an employer even though the contract they signed with the driver was an “independent contractor agreement.”
This distinction is significant in an injury lawsuit because, generally, hiring entities that retain the services of independent contractors are not liable for the negligent acts of those contractors. By contrast, employers may be vicariously (indirectly) liable for their employees’ negligence.
Amazon and ‘Amazon Flex’
Amazon is another entity with a complicated structure. The company uses drivers who operate Amazon delivery trucks and “Amazon Flex” drivers who use their vehicles to deliver Amazon packages. Each scenario can present distinct issues when pursuing accountability for a major accident.
Some Amazon drivers work directly for Amazon, while others work for third-party entities that contract with Amazon. If the driver who hit you was an example of the latter, the third-party entity may have liability.
Uber and Uber Eats
Uber uses independent contractor drivers but also maintains insurance coverage for its stable of independent drivers. You will want to show that the driver was “working” for Uber when the crash happened to have the most substantial possible claim for a payout from Uber’s insurance policy. That typically means having evidence that the driver had logged into the Uber app and was en route to collect an order, delivering an order, or actively awaiting an order. Proving that may require obtaining disclosure of records from the driver’s Uber app, which you can secure during the discovery process.
Arbitration is another possible complication, especially in matters involving Uber. Large entities like Uber prefer to contest cases with injured people in arbitration instead of civil court. By contrast, litigating in court is often a more favorable setting for injured people. Uber has a wide-ranging arbitration clause buried within its agreement with its users. Recently, a New Jersey court said that a couple who were seriously injured while riding with an Uber driver had to arbitrate their injury claims after their minor daughter used the mother’s phone to place an Uber Eats order and agreed to Uber’s terms and conditions, including the arbitration clause.
This overview seeks to illustrate how complicated these sorts of cases can be. Seeking accountability in a delivery driver case is not the time to try to “go it alone.” Instead, make sure you have experienced counsel working for you. The Oregon auto accident attorneys at Kaplan Law LLC are here to help. We provide clients with straightforward advice and diligent advocacy in pursuit of appropriate outcomes for what they have experienced. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
