What Happens If I Get Into An Accident In A Drive-Thru?

Even in slow-moving drive-thrus, accidents can occur. Congested traffic, distracted drivers, and limited visibility create conditions where collisions are more likely. Narrow driveways and foot traffic from customers walking to and from their vehicles add to the risk. Busy locations like McDonald’s, Starbucks, Chick-fil-A, Wendy’s, and Burger King often face these challenges due to their high volume of vehicles and complex parking lot designs.

These situations can lead to drive-thru accidents, from low-speed fender benders to serious collisions that cause injuries. In some cases, employee conduct or unsafe property conditions may also contribute to the incident. If you suffered injuries in a drive-thru or parking lot accident, you may have the right to pursue compensation from the responsible party.

At Arash Law, our legal team can review the details of your accident, explain your rights, and walk you through your legal options. Call (888) 488-1391 to schedule your free case review.

What To Do If You Get Into A Drive-Thru Accident

If you suffered injuries in a drive-thru accident, focus on getting medical care right away. Once your condition is stable, take steps to protect your legal rights. Documenting the accident and following the proper process can strengthen your personal injury case and improve your ability to seek fair compensation. Here’s what you should know:

Get A Full Medical Evaluation

Even if you walked away from the accident without emergency treatment, it’s still important to see a doctor. Some conditions, like concussions, internal damage, or soft tissue trauma, may not cause symptoms right away. A prompt medical evaluation documents your physical state and connects it to the crash. Keep copies of your medical records and follow your doctor’s treatment plan closely. These records will play a critical role in your personal injury case.

Organize Any Evidence You Collected

If you or someone with you took photos or videos at the scene, gather those now. Images of vehicle damage, the surrounding area, and any visible injuries can serve as valuable evidence. Also, locate any information you received from the other driver, such as:

If you couldn’t gather this information, an accident lawyer can help investigate and retrieve details through official reports or other sources.

Write Down What You Remember

As soon as possible, take time to write a detailed account of the accident. Include the date, time, location, traffic conditions, how the accident happened, and anything else that stands out. Your memory may fade over time, so capturing these details early on can help support your case.

Report The Accident If You Haven’t Already

If you did not report the accident to the police at the scene, you should still take steps to make sure it’s officially documented. In California, you must report an accident to the Department of Motor Vehicles (DMV) within 10 days if anyone was injured, killed, or if property damage exceeded $1,000. This includes drive-thru accidents. You can fill out and submit the SR-1 report form through the DMV’s website.

You should also notify:

• The restaurant or business where the incident occurred. Ask for an incident report or written acknowledgment that you reported the accident.
• Your insurance company, even if you believe the other driver was at fault. This ensures timely coverage for property damage or medical expenses under your policy.

Be Cautious With Insurance Communications

Insurance companies may contact you soon after the accident. Be polite, but cautious. Do not admit fault or say you’re uninjured because some conditions develop over time. If an adjuster asks for a recorded statement, you have the right to decline. Let them know you prefer to speak once you’ve consulted a personal injury attorney.

Collect Witness Information (If Available)

If you know the names or contact details of any witnesses, such as bystanders, customers, or restaurant staff, gather that information now. Their statements may help clarify how the accident occurred. If law enforcement responded, try to get a copy of the police report or note the responding officer’s name. Thorough documentation can help personal injury lawyers build a stronger case. Your account of the incident can also improve your chances of receiving the compensation you deserve.

Talk To A Personal Injury Lawyer About Your Case

You may be eligible to seek compensation for your medical expenses, lost income, and other damages related to the accident. An experienced California personal injury attorney can evaluate your case, help you understand your legal rights, and handle the insurance process on your behalf.

At Arash Law, we don’t charge upfront attorney’s fees. We only collect a fee if we recover compensation in your case. Some case-related costs, such as filing fees, medical record requests, or expert evaluations, may apply, but we’ll explain those clearly before moving forward.

If you need medical treatment but cannot pay out of pocket, our personal injury lawyers can help connect you with doctors who treat patients on a lien basis. That means you receive care now and pay later from your potential settlement.

Common Drive-Thru Accidents

Drive-thru areas at fast food restaurants pose unique safety risks for drivers, pedestrians, and employees. While many incidents result in minor vehicle damage, others can lead to injuries that require medical attention. Vulnerable individuals such as children, older adults, and people with existing health conditions face an elevated risk of serious harm in these environments.

Drive-thru accidents may involve vehicle collisions, pedestrian incidents, or injuries caused by restaurant staff or structural hazards. If you were hurt in a drive-thru, you may be eligible to seek compensation depending on the circumstances.

Motor Vehicle Collisions

Even at low speeds, collisions frequently happen in tight drive-thru spaces. Inattention, limited visibility, and constant stopping and starting increase the risk of crashes that can cause both physical injuries and property damage.

Rear-End Collisions

Rear-end crashes are one of the most common types of drive-thru accidents. These typically occur when a driver follows too closely, stops abruptly, or becomes distracted. Common distractions include:

• Reading the menu while moving.
• Handling food or beverages.
• Reaching for items or using a mobile phone.
• Managing children inside the vehicle.

Some drivers may also attempt to reverse out of the line without checking behind them, leading to unexpected impacts. These incidents can cause damage to bumpers, hoods, and interior vehicle components.

Sideswipe Collisions

Sideswipe accidents occur when vehicles in adjacent lanes make contact, often due to misjudging space or attempting to cut ahead. These crashes also happen when vehicles in parking areas collide with those waiting in line or when drivers exiting the lane fail to check for oncoming traffic. Damage may include scraped doors, broken mirrors, and dented panels.

Pedal Error Accidents

Pedal misapplications (e.g., pressing the gas instead of the brake) can result in sudden, forceful collisions. These errors often happen when drivers are distracted or unfamiliar with the area. For example, a reported incident at a Del Taco in Hawthorne, California, occurred when a driver accidentally hit the gas pedal, crashing through a menu board and into another car. Incidents like this can cause serious injuries and property damage.

Exiting Accidents

Some accidents happen as drivers leave the drive-thru. A driver might pull out too quickly or misjudge oncoming traffic. These crashes may involve parked cars, curbs, or pedestrians, especially in busy or congested parking lots. Defensive driving and patience can help reduce these risks.

Crashes Into Drive-Thru Structures

Drive-thrus often have fixed structures. These include menu boards, speaker poles, order screens, and overhead canopies. When drivers become distracted by menus, phones, or conversations, they may strike these objects. These collisions can cause vehicle damage or injuries to people inside or near the car.

Pedestrian Accidents

Fast food employees and customers sometimes need to cross drive-thru lanes. When drivers fail to watch for them, especially while distracted or reversing, pedestrian accidents can occur. Narrow spaces, blind spots, and sudden movement increase the likelihood of injury. Workers hurt while on the job may qualify for workers’ compensation benefits.

Other Drive-Thru Hazards

Not all drive-thru injuries involve cars. Restaurant negligence can lead to burns, spills, or falling objects that harm customers or workers.

Burn Injuries Due To Hot Food Or Drinks

Restaurants must handle and package hot items safely. When employees hand customers unsealed coffee cups or overfilled containers, the result can be painful scald injuries. These burns may require extensive treatment and can lead to lasting scars. For example, in 2020, a delivery driver sustained severe burn injuries at a Starbucks after a hot drink spilled due to improper sealing. The court later awarded damages based on the evidence.

Falling Objects Or Signs

Poorly secured signs, clearance bars, or menu boards can fall and cause injuries or damage vehicles. A falling object may crack windshields or strike someone walking nearby. Restaurants are responsible for maintaining their property and fixing known hazards.

Injuries Commonly Reported In Drive-Thru Accidents

While drive-thrus may seem low-risk, accidents can result in a wide range of injuries, such as:

• Traumatic Brain Injuries (TBIs) — Head injuries, including TBIs, can result from the sudden impact of a crash or a slip-and-fall, and can impair memory, coordination, and cognition.
• Spinal Cord Injuries — Spinal cord damage may cause chronic pain, numbness, or even paralysis, depending on the severity.
• Bone Fractures — Broken bones are common in vehicle crashes and falls on hard pavement.
• Cuts And Lacerations — Sharp surfaces or broken glass can lead to visible wounds.
• Back And Neck Injuries — Whiplash and muscle strain from the force of a collision or slip-and-fall can cause stiffness, limited mobility, and chronic pain.
• Joint Dislocations — Shoulders, knees, and elbows may dislocate during abrupt impact or falls.
• Burns — Contact with hot beverages or improperly handled food can result in serious skin damage.

If you had a pre-existing condition, an accident may worsen your symptoms or aggravate prior injuries. Even mild injuries can disrupt your work and daily routine, resulting in financial and emotional strain.

Accidents at drive-thrus can lead to lasting injuries and unexpected expenses. If another party’s actions caused your injuries, you may have the right to seek compensation for medical bills, lost wages, and other damages. A skilled personal injury attorney can review your situation and help you understand your legal options.

Understanding Premises Liability In A Drive-Thru Accident

If you sustained injuries in a drive-thru accident, you may wonder, “Can you sue a restaurant for the harm you or a family member suffered on their premises?” In some cases, injured parties may pursue a premises liability claim. This legal concept holds property owners and operators accountable when they fail to maintain reasonably safe conditions for visitors.

Restaurants may bear legal responsibility if they knew — or should have known — about a hazard and failed to address it. Common risks in drive-thru areas include potholes, poor lighting, unsafe layouts, or unmarked pedestrian paths. Each case depends on the specific circumstances, including how the incident occurred and whether the property owner acted with reasonable care.

Before filing a lawsuit, many personal injury claims begin with an insurance claim or settlement negotiation. In many situations, parties can resolve without going to court. If the liable party disputes the claim or refuses to settle, a lawsuit may become necessary.

Our team helps clients understand the potential outcomes of going to trial and how the process differs from settlement. While a trial may be appropriate in some cases, it can involve a longer timeline and more uncertainty than resolving a claim outside of court.

For case-specific guidance, contact our personal injury team by filling out the form on this page.

Liability And Compensation In Drive-Thru Accidents

Drive-thru accidents often result in injuries and property damage. Determining who is legally responsible is a key part of building a personal injury claim. Liability affects whether an injured party can pursue compensation for medical bills, lost wages, and other losses.

Possible Liable Parties

In many cases, a negligent driver causes the accident. However, other parties may also share responsibility depending on the conditions surrounding the incident.

• Restaurant or Property Owners — Businesses that operate drive-thrus have a legal duty to maintain reasonably safe premises. If hazardous conditions such as poor lighting, potholes, or confusing layouts contributed to the accident, the property owner may bear legal responsibility.
• Maintenance Contractors — If a third-party company is responsible for maintaining the drive-thru or surrounding area, it may be held accountable for issues such as broken pavement, faulty lighting, or unaddressed hazards. The extent of liability depends on the contractor’s duties and the terms of their service agreement.
• Drive-Thru Designers or Builders — In some situations, design flaws or unsafe layouts contribute to accidents. If a drive-thru’s design fails to meet safety standards or creates traffic conflicts, the designer or builder may share fault.
• Vehicle Manufacturers — If a mechanical failure caused or contributed to the collision, the vehicle’s manufacturer or a parts supplier may be partly responsible. These cases may involve product liability claims.

Types Of Damages In A Drive-Thru Accident Claim

Experienced accident attorneys can help calculate the full value of your claim, including both immediate and long-term damages. After a drive-thru accident, you may be able to recover the following:

• Medical Expenses — These may include emergency treatment, doctor visits, medications, hospital stays, and follow-up care. In some cases, accident victims need additional services like physical therapy, counseling, or chiropractic care.
• Lost Wages And Reduced Earning Capacity — If the injury required time away from work, a claim may include compensation for lost income. In more serious cases, injured individuals may seek damages for long-term or permanent reductions in earning capacity.
• Property Damage — Drive-thru crashes often result in vehicle damage. Depending on the impact, repairs may involve:
  • Bumper, taillight, or headlight replacement.
  • Suspension or undercarriage repairs.
  • Fixes to doors, windows, or side mirrors after sideswipe collisions.
  • Replacement of critical components like radiators, sensors, or safety systems.

  In some cases, a claim may include the cost of rental transportation and a reduced resale value for the damaged vehicle.

• Non-Economic Damages — These damages reflect the physical and emotional impact of an accident. They may include pain and suffering, emotional distress, and loss of enjoyment of life.

Although rare, courts may award punitive damages in cases involving intentional harm or egregious misconduct. These damages aim to deter similar conduct in the future.

If you have questions about a drive-thru accident and how the law may apply to your situation, our team at Arash Law is available to discuss your concerns. We can review the details, help you understand your rights, and outline what steps may be available.

Frequently Asked Questions About Drive-Thru Accidents

Whether you were hit by another vehicle, injured by a hot spill, or hurt due to a poorly maintained area, you likely have questions about your rights and next steps. Below, we address some of the most common concerns about drive-thru accidents. If you need personalized assistance, call (888) 488-1391 for free accident lawyer advice during your initial consultation.

How Much Do Personal Injury Lawyers Charge?

Personal injury attorneys who handle drive-thru accident claims often work on a “contingency fee” arrangement. Under this structure:

• Clients typically do not pay legal fees upfront.
• The attorney receives a fee only if they recover compensation in the case.
• That fee is usually a percentage of the total settlement or court award.

In California, contingency fees often range from 33.33% to 40%, depending on how far the case progresses. If the matter settles before the filing of a lawsuit, the percentage may be lower. If the case proceeds through litigation or trial, the rate may increase due to the additional work involved.

These rates can vary depending on the complexity of the case, potential risks, and agreement terms. Clients may also remain responsible for certain case-related costs, such as court filing fees, expert evaluations, and records requests, regardless of the case’s outcome.

If you’re considering a contingency fee agreement, it’s important to discuss the specifics with your personal injury lawyer during your initial consultation. Understanding how legal fees and case costs are handled will help you make an informed decision moving forward.

Is The Restaurant Responsible For My Injuries And Car Damage After A Drive-Thru Accident?

The restaurant may bear legal responsibility, but that depends on the specific circumstances of the accident. If the drive-thru or parking lot had unsafe conditions or poor design, the restaurant or property owner could be liable. Factors that may contribute to legal responsibility include:

• Tight or confusing drive-thru lanes that increase the risk of collisions.
• Inadequate lighting or unclear signage.
• Potholes, faded lane markings, or other maintenance-related hazards.
• Landscaping that blocks visibility or impairs safe navigation.

Establishing liability requires a careful evaluation of how the accident occurred and whether the property owner failed to maintain a reasonably safe environment. A personal injury attorney can review your case and explain your legal options based on the facts. If another party’s negligence contributed to your injuries or property damage, you may have the right to pursue compensation.

How Long Does A Drive-Thru Accident Case Take To Resolve?

The timeline for resolving a drive-thru accident case can vary widely. Some claims conclude in a few months, while others may take longer. The duration depends on several factors, including the complexity of the case, the number of parties involved, the availability of evidence, and how cooperative the opposing side is during negotiations.

If there is strong evidence of negligence, such as clear video footage, the parties may settle more quickly. In general, settling a claim before filing a lawsuit takes less time than going through litigation. However, if the parties cannot agree on a fair outcome, a lawsuit may become necessary.

Legal proceedings can extend the timeline and introduce additional steps, including discovery, depositions, and trial preparation. A personal injury lawyer can explain the process, help manage expectations, and guide you through each phase of the case based on your specific situation.

Do I Have To Go To Court For A Drive-Thru Accident?

Not always. Many personal injury cases involving drive-thru accidents resolve through settlements before reaching trial. However, there are situations where filing a lawsuit may become necessary. This can happen if:

• The insurance company disputes the claim or offers an amount that does not reflect your documented losses.
• The at-fault party is uninsured or cannot be located.
• There are disagreements over who caused the accident.

While most claims settle out of court, litigation may be the next step if the parties cannot reach an agreement. Going to trial can involve additional time and complexity, but it may be appropriate depending on the circumstances of your case.

A personal injury attorney can help you understand your legal options and whether a lawsuit is the right path forward. They can also explain what to expect if your case proceeds to court and guide you through each phase of the process.

How Long Do I Have To File An Injury Claim After A Drive-Thru Accident?

In California, the statute of limitations for most personal injury claims, including those involving drive-thru accidents, is two years from the date of the incident. This legal time limit determines how long you have to file a lawsuit. If you miss the deadline, the court may bar your claim, and you may no longer be able to pursue compensation.

Although two years may seem like a long time, it can go by quickly. Investigating the accident, collecting evidence, and dealing with insurance companies can take several months. Starting the process early helps preserve key evidence and allows time to evaluate your losses fully.

If you’re unsure how the statute of limitations applies to your situation, a personal injury lawyer can review your case and explain your legal options. Certain exceptions may apply depending on the facts, so it’s important to get timely legal guidance.

Take Control After Your Drive-Thru Accident With Help From Our Lawyers

The aftermath of a drive-thru accident can be overwhelming. You may be facing medical treatment, vehicle repairs, and questions from insurance companies, all while trying to recover. It’s natural to wonder whether legal support is needed, and you ask yourself, “I need a personal injury lawyer.”

Drive-thru accidents often involve low-visibility areas, falling signage, or driver negligence. These incidents can cause injuries such as head trauma, fractures, or pain and suffering. Even in lower-speed collisions, victims may experience lasting effects or unexpected costs.

At Arash Law, we understand the unique legal and practical issues that come with drive-thru accident claims. With decades of collective experience handling personal injury cases across California, our car accident lawyers are prepared to evaluate your situation and guide you through the next steps.

Here’s how we may assist you:

• Free Case Evaluation — We’ll review your situation and explain your legal rights and options.
• Assessment of Potential Damages — We can help identify the financial and non-economic losses that may apply, such as medical bills or lost income.
• Evidence Collection — Our legal team may gather surveillance footage, witness statements, and expert input to support your claim.
• Claim Management — Our legal team may gather surveillance footage, witness statements, and expert input to support your claim.

If you’re not sure where to start, fill out our “Do I Have a Case?” form. One of our experienced personal injury attorneys will review the information you provide and respond with the next steps.

To speak with someone directly, call (888) 488-139. AK Law is here to help you understand your legal options, navigate the claims process, and take the next steps with confidence.