Gig-Economy & Delivery Driver Injury Claims in Huntsville

Strong and compassionate representation for injury accidents in Alabama

The gig economy is evolving, and with it comes new levels of complexity to legal liability in the event of an accident. In Huntsville, Alabama, collisions involving gig workers and the companies who hire them (such as drivers for Uber, Lyft, and DoorDash) may raise questions about liability that don’t really come up in traditional car accident cases. When a rideshare or delivery driver causes a crash, determining who is responsible for damages is not always straightforward.

Unlike standard auto accidents, gig-economy injury claims often involve corporate liability policies in addition to a driver’s personal insurance. For example, coverage may be limited when a driver is logged into an app but not actively engaged in a delivery. In those situations, the gig worker's personal insurance may be responsible for covering a claim.

Victims injured in gig-economy and delivery driver accidents may be entitled to compensation. At Martin & Helms, we can investigate the cause of the crash, identify available sources of insurance coverage, and pursue compensation for damages. Contact us today. We’re here to help.

How can we help?

Why choose Martin & Helms for your gig economy and delivery driver injury claims

At Martin & Helms, we have decades of experience fighting for the rights of our clients. Our experienced personal injury attorneys offer personalized representation, getting to know you and every single aspect of your personal injury claim. We’ve secured multi-million-dollar verdicts and settlements in complex litigation matters, and while prior settlements can’t guarantee future outcomes, they do illustrate how hard we work for our clients.

If you’ve been injured by a gig worker, reach out today. We’re familiar with the legal nuances of investigating gig-economy accidents. We can identify all potential defendants and handle communications with app-based companies and their insurers. We offer free consultations and work on contingency, meaning clients pay no attorney fees unless compensation is recovered.

What is a gig worker?

Gig work can be classified as “any individual task, short-term project, or ongoing work that an independent worker completes for a client that is not their W-2 employer.” Work is often short-term and can be completed by project, hourly, or through a temporary or ongoing contract. Gig work is not traditional, long-term, direct-hire work.

The gig economy, which the IRS states as “sharing economy or access economy,” is where people can earn money through on-demand work, services, or goods, often through a digital platform, like a website or an app. The app links those looking for a product or service with a gig worker who provides that service.

Examples of gig work include:

The benefits of working in the gig economy often include primary or supplemental income and flexible hours. One potential negative includes the lack of traditional employer responsibilities when injuries occur.

Common causes of gig-economy and delivery driver accidents

Accidents caused by gig workers can occur anywhere, any time, and to many different people. Drivers, passengers, pedestrians, bicyclists, motorcyclists, and even gig workers themselves can be injured during an accident. Common causes of gig-economy and delivery driver accidents include:

  • Distracted driving. Sometimes, navigating an app while driving might mean taking your eyes off the road. When a driver accepts, declines, or follows in-app GPS directions, they may not see traffic signals or pedestrians.
  • Speeding or unsafe maneuvers. Rushing to meet delivery deadlines or making sudden lane changes or turns to reach a pickup or drop-off location might result in unsafe driving.
  • Often, gig-economy drivers work long or irregular work hours, like early morning or late at night. If a driver isn’t used to the irregularity, it may reduce alertness, leading to slower reaction times and poorer judgment due to being tired.
  • Inadequate training or oversight. Unlike commercial drivers who often have extensive training requirements, gig-economy drivers may receive limited or no training.
  • Unsafe parking or loading practices. Stopping for loading and unloading in busy areas can create hazards for others. For example, stopping suddenly in traffic lanes, parking in bike lanes, and opening vehicle doors into congested streets can all lead to accidents.

Alabama law on gig economy and delivery driver injury claims

Alabama negligence law applies to gig-economy accidents. In order for your negligence claim to be successful in Alabama, you need to prove that the gig worker and the app-based company employing the gig worker owed you a duty of care, that they failed to meet that duty, their failure caused your injury, and resulted in you suffering damages.

In Alabama, contributory negligence is also at play. This means that if a victim shares responsibility, they may not be able to recover compensation. However, this policy is often misunderstood, and it’s important for injury victims to speak to a lawyer before making assumptions.

The statute of limitations for filing a personal injury matter in Alabama is typically two years. Failing to file within this time frame might result in losing your right to seek compensation.

How Martin & Helms builds a Huntsville injury case

At Martin & Helms, we’re here to support you after an injury. Our legal process includes several steps.

  • We listen. Everyone’s story is unique. Our compassionate attorneys listen to the facts, share your story, and hold responsible parties accountable for their actions.
  • We investigate. We can collect evidence as soon as possible, including app data, timestamps, GPS activity, medical records, and witnesses’ recollections while they’re still fresh.
  • We review platform contracts and all available insurance policies. Gig-economy injury cases are different from traditional car accidents because multiple parties and different amounts of coverage may be involved. Ride-share and delivery companies like Uber, Lyft, and DoorDash operate under detailed platform contracts that govern when drivers are considered “active,” what insurance applies at each stage of a trip or delivery, and how liability may be allocated.
  • We collaborate with experts. We can work with experts who have the knowledge and experience to calculate medical expenses and any future losses.
  • We pursue full and fair compensation. We handle negotiations, settlements, and, if necessary, are prepared to fight for you at trial.

Contact us today to speak with an attorney experienced in lawsuits involving gig workers and delivery drivers. We’re here for you when you need us.

Who is liable in a gig economy and delivery driver injury claim

Determining liability when a gig worker gets injured is complex and particularly involves examining the conduct of multiple parties. Corporations hiring gig workers will likely defend their classification of gig workers as independent contractors, meaning gig workers classified as independent contractors are generally not covered by workers’ compensation and may need to pursue personal injury claims instead, depending on their classification and the specific facts.

When a gig worker is negligent and causes an injury, the delivery person who caused the accident may be liable. In some cases, a gig-economy company may be held legally responsible depending on the degree of control exercised over the driver and the specific facts of the case. In many gig economy cases, liability analysis begins with whether the company exercised sufficient control over the driver to establish responsibility under the doctrine of respondeat superior. This theory typically requires showing that the driver was acting as an agent or employee within the scope of the company’s control at the time of the incident. However, that is not the only path to holding a gig-economy company accountable. Even where a driver is classified as an independent contractor and the level of control is disputed, a company may still be liable for its own direct negligence. For example, liability can arise from negligent hiring, retention, or supervision–such as failing to screen drivers with known dangerous driving histories or criminal backgrounds. Similarly, a company’s failure to implement reasonable safety policies, including drug and alcohol testing or adequate training protocols, may independently support a claim. In these situations, the focus shifts away from control over the driver’s day-to-day actions and instead examines whether the company itself acted unreasonably in creating or allowing a foreseeable risk of harm.

Hiring an experienced attorney who is familiar with the policies and procedures of app-based employers of gig workers can help you develop an aggressive plan to pursue compensation for your injuries.

Damages available in the gig economy and delivery driver injury claims

Compensation received in a lawsuit is meant to cover losses incurred due to the accident. Both economic and non-economic damages may be available.

  • Economic: These cover your medical bills, property damage, long-term care costs, lost wages, and loss of earning capacity, which occurred due to your accident with a gig worker or delivery driver.
  • Non-economic: These losses include any pain and suffering, emotional distress, and loss of enjoyment of life that may have occurred due to the negligence of a gig worker or delivery driver.

The damages available in your case will depend on the specific facts surrounding your accident with a gig worker or delivery driver. It’s important to discuss the details with an experienced Huntsville attorney to determine what your claim might be worth.

Frequently asked questions

What should I do immediately after a rideshare or delivery accident?

If you’ve been injured in any car accident, get medical attention as soon as possible, even if your injuries seem minor. Some symptoms may not appear right away, and the medical records can help document your injuries. Next, take photos of the scene, collecting witness information, and note details about the drivers and vehicles involved. Contact an attorney as soon as possible to help you through the next steps.

Can I file a lawsuit against a gig-economy company?

Yes, in some circumstances, you may be able to pursue a claim against a rideshare or delivery company, depending on the facts and applicable legal theories. An experienced Huntsville personal injury attorney can help you gather evidence, determine liability, and understand complex insurance policies.

What if the gig worker was uninsured or underinsured?

If an at-fault driver doesn’t have sufficient insurance to cover your damages, you still have legal options. Rideshare and delivery companies often provide coverage during active rides or deliveries, and your own uninsured/underinsured motorist policy may also apply. At Martin & Helms, we can determine the best course of action to pursue compensation.

What's the difference between a typical car accident and a rideshare car accident?

The main difference is that in a typical car accident, there are usually two personal insurance policies involved. Rideshare accidents often include additional layers of coverage from the rideshare company, although that coverage can change depending on whether the driver was logged into the app, waiting for a ride, or actively transporting a passenger. Determining which policy applies may be complicated. An attorney can help.

Do you have an attorney near me who can handle my Alabama gig economy and delivery driver injury claim?

Yes, our offices are located at 2317 Market Place SW, Suite A, Huntsville, AL 35801. We also have an office in Decatur. We’re happy to schedule your consultation online or over the phone if you’re unable to come to us.

Contact our Alabama attorneys today

If you’ve been injured by the negligence of a gig worker or delivery driver in Huntsville, we can help. Accidents caused by gig workers are unique. We’re familiar with the technology involved, tech company policies and procedures, and Alabama law pertaining to gig worker personal injury matters.

Contact Martin & Helms today. We can start building your case to pursue damages for injuries sustained.