California Food Delivery Accident Attorneys
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Our California Food Delivery Accident Attorneys Offer Legal Guidance When The Unexpected Happens
The way Americans order takeout has changed a lot over the years. Many of us rely on food delivery for a meal at least once a week. Because we relied on food delivery services, the industry has boomed over the last decade and surpassed the growth of dine-in businesses.
The larger the city, the more its population relies on services like Postmates. Crowded metropolitan populations regularly rely on food delivery services to put dinner on the table for themselves and their families. The rise of food delivery services has added to the convenient lifestyle most Americans today expect.
The growth of the industry offers more full-time jobs and side jobs to workers looking for a flexible work schedule. With more drivers on the roads, cities in California like Los Angeles, Santa Monica, and Hollywood may experience a higher number of traffic incidents, which can lead to injuries.
Whether you were hurt on the job or got into an accident with a food delivery driver, our California food delivery accident attorneys can provide guidance on your legal options. It’s important to understand possible avenues for compensation, which may include:
- Lost wages
- Loss of ability to earn
- Medical expenses
- Property damage
What Kind Of Insurance Does A Food Delivery Driver Carry?
Citizens of Los Angeles frequently patronize Uber Eats, DoorDash, and Postmates. These companies each carry insurance policies that cover damages caused by accidents while drivers are completing their work.
DoorDash
DoorDash, Inc. provides its drivers with coverage for property damage and bodily injury caused by third parties. To be a DoorDash driver, you must have your insurance policy on the vehicle you use to make deliveries. Your auto insurance policy serves as the first coverage if there is an accident.
DoorDash drivers’ personal motor vehicle insurance is the first insurance coverage to reimburse accident victims. Suppose the accident victim’s damages exceed the driver’s insurance policy limits. If a DoorDash driver causes an accident while on duty, the company’s liability policy may provide coverage. DoorDash has a $1 million liability insurance policy, but the amount an injured person can recover will depend on the specific circumstances and proven damages, not the maximum limit alone.
Uber Eats
Uber Eats and the Uber ridesharing division of the company share similar insurance coverage for their drivers. Uber’s automobile liability coverage generally provides up to $50,000 per person for bodily injury, $100,000 per accident, and $25,000 for property damage in covered accidents when the Uber app is on and the driver has not yet begun working.
If the driver has accepted a ride request or food delivery order and is on an active ride, Uber’s liability insurance coverage increases from the above limits to $1 million. The Uber Eats policy does not cover uninsured or underinsured motorists, so it will not cover accidents caused by underinsured or uninsured drivers.
Postmates
Postmates, Inc. has a liability insurance policy of $1 million for its drivers. However, Postmates drivers must be insured for their automobiles when making deliveries. Suppose the driver’s insurance policy does not cover damages incurred by a third party. In that case, Postmates’ liability insurance coverage kicks in to pay the balance of the damages to the third party.
Postmates offers its drivers accidental occupational liability coverage. This insurance is like workers’ compensation insurance coverage.
If you are injured while working as a food delivery driver or in an accident involving one, a food delivery accident lawyer can explain your legal options. Knowing the insurance coverage of companies like DoorDash, Uber Eats, and Postmates can help determine what compensation you may be eligible for.
The amount of compensation depends on the facts of your case and may not reach the maximum limits of the insurance policies.
SM v. Doe Defendant (settled on 10/14/2020) – settlement in a case involving a client who sustained a spinal cord injury and mild traumatic brain injury when he fell off a roof. The team at Arash Law secured an additional $610,000 as part of the third party settlement.– Tina Eshghieh
Do I Have A Case If I Get Food Poisoning From A Restaurant?
Food can be delivered in different ways. Companies like DoorDash, Uber Eats, and Postmates hire independent contractors to deliver meals, while some restaurants still use their own employees for delivery, such as pizza or sandwich shops.
Restaurants in California are required to follow health and safety standards set by regulatory authorities. If a restaurant fails to meet these standards, it may be responsible for injuries or illnesses caused by contaminated food. California negligence laws allow a victim to seek compensation if tainted food causes harm.
To have a potential case for food poisoning, the following elements must typically be established:
- Duty of Care — The restaurant owed a responsibility to serve safe food to its customers.
- Breach of Duty — The restaurant or its employees failed to meet health and safety standards.
- Causation — The breach directly caused the illness.
- Damages — The customer suffered harm, such as medical expenses, lost wages, or other related losses.
For example:
- An employee who is sick or careless may inadvertently contaminate food.
- A customer with a weakened immune system becomes ill after eating that food.
- To pursue a claim, the customer must show that the restaurant’s actions likely caused the illness.
Proving a food poisoning case can be challenging because some illnesses appear quickly, while others have a delayed onset. Many factors can contribute to foodborne illness, making the source difficult to identify.
Evidence a food delivery accident lawyer may consider includes:
- Laboratory testing of leftover food for bacteria, viruses, or pathogens.
- Medical records documenting the illness and its cause.
- Reports of other customers who experienced similar diseases from the same restaurant.
- Inspection and health records of the restaurant.
A California food delivery accident lawyer can provide guidance on legal options if you become ill from contaminated food. They can also help evaluate whether a claim may be appropriate.
How Do I File A Food Delivery Accident Claim?
If you are injured in an accident involving a food delivery driver, filing a claim can be complex, especially since many drivers for DoorDash, Uber Eats, and Postmates are independent contractors.
Key points to consider when filing a claim:
- Document the Accident — Note the date, time, location, and take photos of the scene, vehicles, or damage.
- Seek Medical Attention — Get evaluated to document injuries and treatment.
- Identify Involved Parties — Determine if the driver was working for a delivery company at the time.
- Review Insurance Coverage — Company and driver policies may apply.
- Consult a Food Delivery Accident Lawyer — They can help navigate independent contractor issues and insurance options.
Factors that can contribute to accidents involving food delivery drivers include:
- Fatigue from working long hours.
- Distracted driving or sudden stops.
- Speeding or unsafe lane changes.
- Navigating unfamiliar areas.
A food delivery accident lawyer can provide guidance on filing a claim, assessing insurance coverage, and understanding the potential compensation you may be eligible for.
How Does A Court Determine If A Food Delivery Company Is Liable For An Accident?
Although most food delivery drivers are classified as independent contractors, certain laws can view them as employees if the company does the following:
- Provides the driver with a uniform.
- Provides the driver with equipment to do their job.
- Pays the driver regularly (such as weekly or bi-weekly).
- Makes the driver’s work schedule.
- Offers benefits like vacation time or health insurance to the driver.
- Pays by the hour instead of by the job.
A court will weigh the above factors to determine if the driver who caused your injuries is an employee or an independent contractor. You may access the $1 million excess insurance coverage these food delivery companies carry if your damages exceed the primary coverage by accurately identifying the driver’s status. A food delivery accident lawyer can provide guidance on your legal options and help you evaluate which insurance coverage applies to your case.
What Damages Are Available In A Food Delivery Accident?
If you are injured in a food delivery accident, you may be eligible for compensation. Accidents can have a significant impact on a person’s life, including medical expenses, lost income, and other challenges resulting from the incident.
The types of compensation that may be available to a food delivery accident victim include:
- Lost wages
- Medical expenses
- Pain and suffering
- Property damage
- Loss of companionship
- Emotional trauma
- Loss of ability to earn
- Loss of enjoyment of life
- Loss of future income
- Future medical expenses
What Causes The Higher Risk Of Accidents Among Food Delivery Drivers?
One major contributor to the high risk that food delivery drivers face is that their income depends on volume. The more deliveries, the more money they earn. The pressure to perform may put delivery drivers and other drivers and passengers at risk of a collision. Moreover, some food delivery companies, like Postmates, have an on-time guarantee for delivery.
Drivers make more money and share in the delivery fee if they can make deliveries on time. Food delivery companies also tend to hire young drivers. Drivers for some apps can be as young as 19. Young and inexperienced drivers do not have the skills to avoid accidents.
How Is Liability Assigned In A Food Delivery Accident Case?
Liability is a legal term that means responsibility. Food delivery drivers need to understand the laws regarding insurance coverage and whether they are employees or independent contractors in the event of an accident. When an accident victim is hurt, paying the bill for medical expenses and other damages can be tricky.
Many different parties may have some liability in a food delivery accident. Depending on the driver’s employment status, both the company and the driver may be liable for the harm suffered by the victim.
Independent Contractor Vs. Employee
A food delivery company is responsible for the negligent acts of its employee. A driver is negligent when they run a red light, speed, take turns too quickly, fail to yield, etc. Companies may avoid responsibility for an accident by claiming that the driver is not an employee. As mentioned earlier, a court may find that a driver is an employee based on several factors.
Your attorney may ask about the driver’s work status, which can help determine who should be named as a defendant in a lawsuit. A food delivery driver may be classified as an independent contractor or an employee.
Suppose the driver was working as an independent contractor. In that case, an accident victim might be able to file a claim with the driver’s personal auto insurance policy or file a personal injury lawsuit and name the driver as a defendant.
What Happens When Multiple Parties Are Involved In An Accident?
Liability in a food delivery accident can involve more than one party, including the driver, the delivery company, the restaurant, or even a vehicle manufacturer. In California, courts may consider theories like vicarious liability, where an employer can be held responsible for an employee’s negligence.
Examples of potential liability:
- A delivery company may be responsible if a driver acting within the scope of work causes an accident.
- A restaurant could be liable if improper handling or delivery practices contribute to an injury.
- Vehicle defects or poor maintenance may create liability for manufacturers or mechanics.
California uses comparative fault, meaning each party’s responsibility is evaluated based on the evidence. If you are found to be partially at fault, your compensation may be reduced proportionally.
A food delivery accident lawyer can help assess which parties may be liable and explain how comparative fault could affect your claim.
How Much Time Do I Have To File A Food Delivery Accident Claim?
In California, a personal injury claim arising from a food delivery accident is subject to a statute of limitations. This is the time limit to settle a claim or file a lawsuit.
Here’s what you need to know:
- The statute of limitations for personal injury claims in California is generally two years from the date of the accident.
- Filing a claim after this period may prevent you from pursuing compensation.
- Insurance negotiations can take time, and delays may affect the timeline for filing a lawsuit.
A food delivery accident lawyer can:
- Explain your legal options and timelines.
- Advise when it may be necessary to file a lawsuit.
- Assist with gathering evidence, issuing summons, and navigating court procedures.
- Help evaluate insurance negotiations to protect your rights.
Working with an experienced attorney can help you understand the deadlines and steps involved in pursuing a claim after a food delivery accident.
How Can A Food Delivery Accident Lawyer Help Me?
Accidents involving food delivery drivers can be complex. A food delivery accident lawyer can provide guidance on legal options and help you understand liability.
A lawyer may assist by:
- Determining who may be responsible for the accident, including the driver, the delivery company, or the restaurant.
- Reviewing insurance coverage and potential compensation you may be eligible for.
- Gathering and evaluating evidence, such as medical records, accident reports, and witness statements.
- Explaining your rights under California law, including comparative fault rules.
- Advising on whether to pursue a claim or lawsuit and the steps involved.
Speak With A Food Delivery Accident Attorney In California
If you sustain an injury in an accident involving a food delivery driver, a skilled California attorney can provide guidance on your legal options. We serve clients in Los Angeles, San Francisco, Riverside, Bakersfield, Santa Barbara, San Jose, San Diego, Fresno, Sacramento, Sherman Oaks, and the rest of the Golden State. You can reach us at (888) 488-1391 for more information.
