California Drive-Thru Accidents
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Our Lawyers For Drive-Thru Accidents Help Injury Victims Take Informed Legal Action.
Drive-thru accidents can cause serious injuries that leave you with medical bills, lost income, and lasting pain. If this happened to you, call Arash Law at (888) 488-1391 to learn about your legal options.
These crashes often occur at fast-food drive-thrus like McDonald’s, Jack in the Box, In-N-Out, Carl’s Jr., or Starbucks, where narrow lanes, blind spots, and distracted drivers raise the risk of collisions.
If another person’s negligence caused your injuries, you may be able to claim compensation through a personal injury case. This process usually means proving fault, gathering evidence like photos or witness statements, and meeting California’s strict filing deadlines.
Our drive-thru accident lawyers can explain your options and guide you through each step. We work on a contingency fee basis. You do not pay attorney’s fees unless we win, but you may still be responsible for case-related costs.
Quick facts about drive-thru accidents:
- Drive-thru accidents often happen at fast-food chains like McDonald’s, In-N-Out, Carl’s Jr., and Starbucks.
- Injured people may claim damages for medical bills, lost wages, property repairs, and pain and suffering.
- To succeed, you must show that a driver, business, or both acted negligently.
- Strong evidence includes photos, video, receipts, and witness statements.
- In California, most personal injury cases must be filed within two years.
- A lawyer can investigate fault, deal with insurers, and represent you in court.
What A Drive-Thru Accidents Lawyer Can Do
Many people wonder, “Do I need a personal injury lawyer, or should I just handle it myself?” While working with an attorney is not required, having one can make the process clearer and less stressful.
An attorney can handle the legal details while you focus on recovery. Here’s what a drive-thru accident lawyer can do for you:
- Investigate how the accident occurred and determine who may be liable.
- Gather and preserve key evidence before it disappears.
- Speak with witnesses and review any available camera footage.
- Deal with the insurance company so you don’t have to.
- Evaluate your injuries and calculate all related expenses, including future medical treatment.
- Assess how the accident has impacted your ability to work and maintain your daily activities.
- Handle all paperwork and track essential deadlines.
- Represent you in court if a lawsuit becomes necessary.
Why Let Our Attorneys Represent You After A Drive-Thru Accident
Choosing an experienced legal team after a drive-thru accident can affect how smoothly your claim moves forward. These cases aren’t always simple; multiple parties may share responsibility, evidence may be limited, and insurance companies may push for fast settlements.
Our attorneys assist people who have been injured and need help understanding the legal process. Whether the crash involved a negligent driver or unsafe property conditions, our team can manage the legal side while you focus on recovery.
Here’s how our drive-thru accident lawyers can support you:
- Accessible Support — Flexible scheduling options, including virtual and in-person meetings, based on your needs.
- Client-Focused Approach — We listen to how the incident affected you and tailor our guidance to your situation.
- Prompt Action — We handle time-sensitive matters and work to protect your rights early.
- Court-Ready Representation — We prepare and handle court filings and represent clients in trial when needed.
- Personalized Legal Care — We take the time to understand your unique situation and provide clear, respectful guidance at every step.
If you need an attorney but are concerned about your financial status, immigration status, or language, you don’t have to worry. Our legal team assists clients from all backgrounds. We also provide flexible meeting options, whether virtually, in your home, or in a hospital setting, depending on what works best for you. If you have mobility concerns or special needs, we will adjust how we meet to ensure your comfort and accessibility.
Frequently Asked Questions About Drive-Thru Accident Claims
We’ve compiled answers to the most common questions from people injured in drive-thru incidents. This section explains your rights and outlines what you can expect. If you have other concerns about your specific case, you can contact Arash Law. We offer free and confidential consultations so you can ask questions without pressure or upfront costs.
What Are Most Lawyers' Fees For A Drive-Thru Accident?
Many lawyers handling drive-thru accidents, including ours, use a contingency fee system. This payment structure allows victims to seek justice without paying attorney’s fees upfront.
Instead, we only take a percentage of the amount you may receive if your case is successful. If the case does not result in a settlement or court award, you will not owe attorney’s fees for their time, though case-related costs may still apply.
Talk to your drive-thru accident attorney about how we handle these fees. We will explain this during your first meeting, so you understand what to expect.
Can I File An Injury Claim If I Was Hurt In A Drive-Thru Crash?
Yes, you may be able to file an injury claim if you got hurt while in a drive-thru. Many people ask, “What happens if I get into an accident in a drive-thru?” The answer depends on who was at fault and how the crash happened.
Like any car accident, you must show that someone else’s actions caused your injuries. For example, you might have been hit by a car exiting the drive-thru while walking through the parking lot or injured as a restaurant worker when a vehicle crashed into the drive-thru window. Compensation may cover medical bills, lost wages, pain and suffering, and property damage.
Attorneys for drive-thru accidents can assess whether you have a viable claim based on the details of your situation. We can explain your legal options, what types of compensation may be available, and what steps you can take to move forward.
How Long Should It Take For My Drive-Thru Accident Case To Settle?
The time it takes to settle a drive-thru accident case can vary. Some cases wrap up in a few months, while others may take over a year or more. The timeline depends on factors like the severity of injuries, clarity of liability, and the insurance company’s response.
Here are a few common reasons why the process takes longer:
- Injuries Need Time to be Fully Understood — Doctors may need months to know how severe the injury is.
- Insurance Companies May Delay — The insurer might take extra time reviewing your claim before making an offer.
- Liability is Unclear — Sorting out who was responsible can take time.
- Case Goes To Trial — Legal action may be necessary if early offers are too low or unfair.
Every case is different, and the timeline often depends on how the other responds.
Our lawyers for drive-thru accidents can review your case and give you an idea of how long it might take based on similar claims. Every case is different. We can explain how the process works and what you may expect at each step.
Do Auto Insurance Companies Usually Settle Out Of Court?
Yes, auto insurance companies usually settle car accident claims out of court before a trial becomes necessary. Most prefer this route because trials involve more risk, time, and cost.
Here’s why insurers often settle out of court:
- Control Over the Outcome — In a settlement, the insurance company has more control over how much it offers. If a case goes to trial, a judge or jury could order them to pay more than they expect.
- Lower Costs — Trials cost money. Insurers often settle to avoid legal fees, expert witnesses, and court costs.
- Less Risk — Trials are unpredictable. Even with a strong defense, there’s always a chance the decision will go against the insurance company.
- Faster Resolution — Trials can take years. A settlement might resolve your claim much faster, which can be important if you need support for medical costs or lost income.
That said, not every case ends in a settlement. If the insurance company denies your claim or makes a low offer that doesn’t reflect your losses, your lawyer may recommend filing a lawsuit. That legal action may lead to a trial if a fair agreement still isn’t reached.
If you’re dealing with an insurance claim, a personal injury lawyer can review your case and explain what steps may apply to your situation.
Should I Accept The Initial Offer From The Insurance Company?
Not without reviewing it carefully. Initial offers may not reflect the full cost of your injuries, especially if you need future treatment or cannot return to work right away.
Once you accept an offer, you usually cannot request additional compensation later. An attorney can evaluate whether the first offer is fair and advise you on whether to negotiate or proceed further.
Can Pedestrians Or Employees File A Claim After A Drive-Thru Accident?
Yes. Pedestrians can file a claim if struck while walking near or through a drive-thru. Employees may also file a lawsuit if they suffer injuries while working, such as when a car hits the drive-thru window.
In these situations, workers’ compensation may also apply, but a third-party personal injury claim could provide additional compensation if another person or business was negligent.
$41,950,000.00
An attack that took place when a homeless man used an unsecured baseball bat in the Walmart store to attack a husband and wife who were shopping nearby. The jury found that Walmart was 50 percent liable for the attack, and the amount of the judgment against the company exceeded $30,000,000.– BRIAN BEECHER
How To Establish Liability In A Drive-Thru Accident Case
Liability in a drive-thru accident depends on who caused the incident and how it happened. To establish fault, you’ll need to show that a driver or business failed to act reasonably and that their actions, or lack of action, led to your injury.
Negligence
Most drive-thru accident cases are based on negligence. That means someone failed to act with reasonable care, and that failure led to your injury. To prove negligence, you’ll need to establish these four elements:
- Duty of Care — Drivers have a legal duty to operate their vehicles safely. In a drive-thru, this means watching for other cars, yielding when needed, and being alert to nearby pedestrians.
- Breach of Duty — A driver breaches their duty when they act carelessly. Examples of breach of duty include texting while driving, speeding through the lane, or not paying attention while inching forward.
- Causation — Careless driving must have directly caused the crash. For example, if a driver rear-ends another car while distracted, their inattention is the cause of the accident.
- Damages — You must show that the accident caused measurable losses. These may include medical expenses, lost wages, pain, or emotional distress. Keeping bills, pay stubs, and doctors’ notes helps support your claim.
Premises Liability
Property owners have a duty to keep their premises reasonably safe for customers. When they fail and someone is hurt, it becomes a premises liability claim.
Owners must inspect the property, address hazards, and warn about dangers they cannot repair immediately. In drive-thrus, unsafe conditions may include:
- Poor Design — Tight corners, blind spots, or unclear signs confuse drivers.
- Lack of Lighting — Broken or dim lights that make it hard to see.
- Broken Equipment — Faulty order boxes, low-hanging signs, or loose curbs that distract or block drivers.
- Obstructed Walkways — Trash bins, cones, or other objects forcing pedestrians into traffic paths.
To prove causation, you must show that one of these hazards directly led to your injury. Evidence such as photos, videos, and witness statements can link the unsafe condition to the crash.
Our premises liability attorneys who handle drive-thru accident cases can assess whether you have a valid claim and explain the next legal steps.
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Damages You May Be Eligible To Claim After A Drive-Thru Accident
A quick stop at a drive-thru can take a painful turn when an accident happens. If you got hurt because of someone else’s carelessness, you may be eligible to claim damages for the physical, emotional, and financial impact the crash had on your life.
Here are some of the most common types of damages:
- Medical Expenses — These cover the treatment you need for your injuries and any care you may still need. Medical costs can add up quickly, especially for injuries like:
- Neck injuries
- Back injuries
- Whiplash
- Spinal injuries
- Knee injuries
- Bone fractures
- Sprains and strains
- Cuts and bruises
Burn care may also be included if a hot drink or food spills on you. Treatment may involve antibiotics, surgery, skin grafts, or other procedures.
- Lost Wages — If the accident kept you from working, you may claim the income you lost during your recovery.
- Loss of Future Earnings — If your injuries make it hard to return to work or limit your ability, you may be eligible to seek payment for future lost income.
- Property Damage — You may be able to claim the cost of repairing or replacing your car or other damaged property from the crash.
- Pain & Suffering — This refers to the physical pain and emotional strain caused by the accident. It may include discomfort, mobility issues, and difficulty doing everyday tasks.
- Emotional Distress — Many people experience anxiety, stress, or trauma after an accident. Severe cases may lead to PTSD or depression.
Wrongful Death Damages For Families
If the drive-thru accident caused the death of a loved one, surviving family members may be able to file a wrongful death claim. These claims may cover the following:
- Funeral and burial costs
- Loss of financial support
- Loss of companionship
In addition to a wrongful death claim, the estate may also file a survival action for damages the deceased could have claimed had they survived. These may include:
- Medical expenses
- Pain and suffering
No financial award can replace a loved one, but these claims exist to help reduce the financial burden and acknowledge the family’s loss.
As every case is different, the damages you may be eligible for will depend on the facts of your situation. A lawyer for drive-thru accidents can review your case, identify your losses, and explain your options for taking legal action.
Your Time Limit For Filing A Lawsuit After A Drive-Thru Accident
After a drive-thru accident, focusing on healing is normal. However, if you’re considering legal action, you must act within the time allowed under California law.
In most personal injury cases, including drive-thru crashes, you have two years from the accident date to file a lawsuit. This legal deadline is called the statute of limitations. Waiting too long may result in losing your right to bring a claim.
There are a few situations where the deadline may be different:
- Delayed Injury Discovery — If you didn’t know you were hurt right away, the time limit may start from when you discovered (or should have discovered) the injury.
- Minors — If the injured person is under 18, the time limit is paused until adulthood, though a parent or guardian may file sooner.
- Claims Against Government Entities — If a public agency is involved, special rules apply, and you may have only six months to give notice.
Every case is different, so speak with a lawyer promptly to confirm your deadlines. Evidence also fades quickly, security footage may be deleted, and witnesses may forget details. Acting early helps preserve your case.
Types And Causes Of Drive-Thru Accidents
Drive-thru lanes may appear routine, but their design can create risks. Tight corners, blind spots, and constant vehicle movement often lead to collisions and injuries. While some accidents are minor, others can cause serious harm to drivers, pedestrians, or workers.
Here are the most common types of drive-thru accidents:
- Rear-End Collisions — These happen when one car crashes into the back of another, often due to inattention or sudden stops in line.
- Pedestrian Accidents — A pedestrian walking through the drive-thru lane gets hit by a vehicle exiting the line, often because the driver didn’t see them around a blind curve or tight corner.
- Side-Swipe Crashes — Vehicles scrape or collide while navigating tight corners or narrow lanes.
- Reverse Incidents — These incidents happen when a driver tries to back out of the lane and crashes into the car behind them.
These accidents usually happen when drivers:
- Speed through narrow lanes.
- Act aggressively or impatiently while waiting.
- Stop suddenly without signaling.
- Fail to notice pedestrians nearby.
- Follow too closely behind other cars.
- Hit fixed objects like curbs, poles, or menu boards.
- Exit the lane without checking for cross-traffic.
A drive-thru accident lawyer can evaluate what caused the crash, collect evidence, and explain your legal options for pursuing compensation.
Steps You Can Take To Support Your Drive-Thru Accident Claim
After a drive-thru accident, your safety comes first, but in the days that follow, there are steps you can take to protect your potential claim. Even if the crash seemed minor initially, injuries and expenses can appear later. Acting early helps keep your legal options open.
Here are some steps you can take to support your case:
- Schedule Follow-Up Appointments — Even if you received emergency care, follow up with your doctor. Mention any new pain or symptoms, even if they seem minor. Keep copies of medical bills, prescriptions, and treatment notes.
- Organize Your Evidence — If you took pictures at the scene, compile them in one place. Include shots of vehicle damage, injuries, and anything unusual about the drive-thru, like broken pavement or poor signage. If you noticed security cameras, tell your lawyer so they can request the footage before it is deleted.
- Gather Contact Information — Save the contact and insurance details you exchanged with the other driver. If you spoke with witnesses, hold onto their names and phone numbers. Their statements could support your version of events.
- Track Your Losses — Keep a file with medical records, receipts, and notes about time missed from work. Write down how the injury has affected your daily routine, especially if you’ve had to cancel plans or change how you move around.
- Speak with a Lawyer — An experienced attorney for drive-thru accidents can assess your situation and identify who may be responsible. They can also explain your rights and guide you through the following steps, especially when dealing with insurance companies.
Drive-Thru Accident-Related Reports
Accidents in drive-thru lanes can lead to serious injuries, property damage, and emotional stress. From burn injuries to vehicle crashes, the impact can be life-changing for victims. These real incidents show how these accidents happen and why legal support may be necessary:
McDonald’s Coffee Case: Hot Coffee Burn
In 1994, a woman spilled McDonald’s coffee on herself in a drive-thru. The drink was served at nearly 190°F, causing third-degree burns. She needed skin grafts and two years of care. The case drew attention to business responsibility for product safety in drive-thru settings.
Truck Damages McDonald’s Drive-Thru
In 2023, a box truck driver tried to squeeze through a McDonald’s drive-thru in Georgia and got stuck under an overhead sign. The driver caused further damage while trying to get free, eventually tearing part of the truck and knocking down the sign. CDLLife News reported that the crash caused significant property damage, though no one was injured. It also could have endangered others in the line.
Starbucks Burn Case: Hot Tea Spill During Delivery
In 2020, a Postmates driver suffered severe burns after a Starbucks employee failed to seal a hot tea cup properly. The drink spilled inside his car, soaking his lap with liquid between 180°F and 190°F. He sustained third-degree burns and required two surgeries. As reported by CNN News, in March 2025, a jury awarded $50 million after determining that Starbucks was responsible for the injuries and permanent damage.
A Crash From The Main Road Ends At The Drive-Thru
Some drive-thru crashes don’t start on the property but end there. In a 2025 news report of 10/11 Now, a crash in Lincoln, Nebraska, started on the main road but ended at a Wendy’s drive-thru. A red SUV rear-ended a white van near 48th and Van Dorn Streets, sending the van crashing into the restaurant’s drive-thru window. The impact shattered the glass and damaged the building. No one was injured, but the crash placed nearby workers and customers at risk.
Victims may deal with pain, lost income, or emotional stress. Skilled car accident lawyers who handle drive-thru accidents can tell you what your rights are and what you can do next.
If you suffered injuries in a recent drive-thru crash, contact our attorneys. Our team can review your situation and explain whether you may have a valid claim.
Speak With A Lawyer About Your Drive-Thru Accident Case
Drive-thru lanes might seem low-risk, but accidents in these tight, fast-moving spaces can cause real harm. Whether the crash involved a careless driver or unsafe property conditions, figuring out who’s at fault takes time, evidence, and legal knowledge.
Our drive-thru accident lawyers at Arash Law assist clients across California, including:
- Los Angeles
- San Diego
- San Jose
- San Francisco
- Fresno
- Sacramento
- Long Beach
- Bakersfield
- Anaheim
Our legal team can review what happened, gather evidence, and handle the insurance process so you don’t have to take on everything alone. Call us at (888) 488-1391 or complete our “Do I Have a Case?” form to get started.
Many people search for “free accident lawyer advice” after a drive-thru crash. We offer a free, confidential consultation so you can ask questions and understand your options without pressure.
