Beverly Hills is known for its luxury lifestyle and congested traffic, particularly in busy areas, like Santa Monica Boulevard and Rodeo Drive. With ongoing demand for food delivery services, the number of drivers on the road has increased, thus heightening the risk of accidents. Such circumstances can cause victims to sustain bodily injury, financial burdens, and disputes between multiple insurance companies.ย
Since most delivery drivers are deemed as independent contractors, establishing liability can be complicated. At West Coast Trial Lawyers, our Beverly Hills food delivery accident lawyers can look into your case, pinpoint who the responsible parties are, and pursue compensation for the losses you incurred.
Our law firm has a record of proven success, having recovered more than $1.7 billion in settlements and judgements on behalf of our clients across California. With over 20 years of experience taking on personal injury cases, we know what it takes to hold negligent drivers and corporations accountable.
Our legal team operates under a contingency-fee basis, meaning you owe us nothing unless we settle your case. To book a FREE case evaluation, you can reach out to us by calling (213) 927-3700 or completing our convenient online contact form.
What Does a Beverly Hills Food Delivery Accident Lawyer Do?
A Beverly Hills food delivery accident lawyer provides legal assistance to victims injured in crashes involving food delivery drivers. Such cases often consist of multiple parties, overlapping insurance policies, and corporate liability inquiries that can make the recovery process complex without guidance and support.
The attorney’s first step would be to investigate the cause of the incident, gather evidence, and determine who should be held accountable for damages the victim incurred. Fault may extend to the:
- Food delivery driver
- Food delivery company
- Other motorists or third parties
By establishing all responsible parties, personal injury attorneys can help strengthen your claim to better your chances of acquiring full compensation.
Insurance adjusters will often try to minimize payouts. But, a lawyer will represent clients by negotiating on their behalf to secure favorable results. They know how to apply California’s comparative negligence standards to push for fair settlements that mirror the actual value of your losses, covering medical bills, lost income, and pain and suffering.
If there is no agreement, a lawyer can file a lawsuit in court and pursue compensation through litigation. They will handle all legal aspects of your case (filings, discovery, and trial preparation) while also providing personalized attention and thorough guidance.
Common Causes of Food Delivery Accidents
Food delivery accidents become more common in busy cities, like Beverly Hills, where delivery drivers rush to meet tight deadlines to avoid getting negative ratings from users. Unfortunately, this type of pressure can contribute to careless decisions made behind the wheel, putting the driver and others at risk of serious or fatal accidents:
- Distracted driving: Many drivers use their phones to accept orders, check the navigation system, and communicate with customers. Constantly accessing the delivery app while operating a vehicle can be dangerous as it will delay reaction times and possibly cause collisions, especially rear-end car accidents at intersections or at stoplights. Doing this also violates California Vehicle Code ยงยง 23123 and 23123.5, which prohibits drivers from using a cellphone unless it is used in a hands-free manner.ย
- Speeding: Some drivers will try to travel at high speeds or switch lanes recklessly to meet tight deadlines. Such behavior can raise the probability of severe or deadly crashes, and may go against CVC ยง 22350 and 23103. Drivers are legally obligated to maintain safe speeds based on the current road and traffic conditions presented.
- Driver fatigue: Many gig workers push themselves to work long shifts or take various orders all at once, leading to exhaustion. Fatigue lessens reaction times and impairs focus, making car accidents more likely. While drowsy driving itself is not a direct statutory violation, it could still constitute negligence under the state’s civil liability standards if a driver is knowingly operating a vehicle while severely exhausted.
- Failure to comply with traffic laws: Running a red light or making unsafe turns are traffic violations under CVC ยงยง 21453 and 22107. Violating either of these regulations will result in costly fines, points added to your record, and higher insurance premiums.
- Poor vehicle maintenance: Many delivery drivers use their own personal vehicles and may forget to do regular inspections to ensure it is safe to use. Worn brakes or faulty lights can trigger avoidable collisions. If poor maintenance contributes to a food delivery accident, both the driver, and in certain cases, the company could be held accountable for negligence.ย
What Injuries Are Most Common in a Food Delivery Accident?
Accidents involving delivery drivers can result in serious injuries because of high speeds, heavy traffic, and the constant pressure to meet delivery deadlines. Some common types of bodily harm that may occur include the following:
- Soft tissue injuries
- Broken bones
- Head injuries
- Spinal cord injuries
- Internal injuries
Emotional and psychological trauma may also arise. Affected individuals could suffer from emotional distress, anxiety, or post-traumatic stress disorder (PTSD) after being involved a food delivery accident, or even witnessing one.
How Often Do Delivery Drivers Get Into Accidents?
According to the Bureau of Labor Statistics (BLS), in 2019 there were 83 fatal occupational injuries involving driver/sales workers, a category that also includes delivery drivers. About 72% of these deaths were caused by transportation-related cases. More recent BLS data from 2023 shows that driver/sales workers and truck drivers were met with a fatal work injury rate of 26.8 deaths per 100,000 workers, with 984 fatalities noted in that group. While these figures do not necessarily isolate food-delivery app drivers in particular, they demonstrate that people in delivery and sales driving roles experience a higher risk of fatal injury compared to the average U.S. worker.
How Does Insurance Work for Delivery Drivers?
Insurance coverage for delivery app drivers, like Uber Eats and DoorDash, will depend on what stage the delivery process was in at the time of impact. Before accepting a request, drivers will be required to have their own personal auto insurance that complies with California’s minimum liability standards.
Uber Eats will give up to $1 million in third-party liability coverage for collisions that happen while the food delivery driver is making an active delivery, from the moment they accept a request until the order is fulfilled. During this period, Uber will also extend contingent collision and comprehensive coverage if the driver carries these coverages on their personal auto policy. However, if the driver is on the app, but has not yet accepted an order, the company’s coverage is limited:
- $50,000 per person
- $100,000 per collision for bodily harm
- $25,000 in property damage
DoorDash offers similar coverage, providing up to $1 million in liability insurance for active deliveries. The company also includes an Occupational Accident Policy, which covers medical bills and disability benefits for the food delivery driver if they were harmed while making a delivery. With that said, this coverage will usually apply only during the active period and will not cover vehicle damage or crashes that take place when the driver is logged in but not making a delivery.ย
For victims injured in a food delivery accident, these distinctions can affect their chances of recovering damages.ย
What to Do After a Food Delivery Vehicle Hits You?
Getting hit by a food delivery vehicle can be a frightening experience. Although it is easier said than done, we encourage affected individuals to:ย ย
- Seek immediate medical attention. Even if you think you suffered minor harm, you should still get yourself checked after a collision. Certain types of injuries do not show symptoms shortly after the event. If you are in critical condition, you may be transported to a nearby hospital, like Cedars-Sinai Medical Center, Ronald Reagan UCLA Medical Center, or Providence Saint John’s Health Center. Your medical records will be stored, and can be used as proof later in the legal process when establishing the severity of your injury and connecting it to the accident.
- Contact your local Beverly Hills police department for emergency assistance. Once help arrives, a police report will be established. This written document will cover the situation, who was involved, and any notable findings. You should ask for a copy to use as evidence in your case.ย
- If possible, try to take pictures or video footage of your injuries and property damage, along with the surrounding conditions.
- Be sure to exchange contact and insurance details with all parties involved. Witness statements should also be acquired as it can help confirm fault.
- Speak to a Beverly Hills food delivery accident lawyer. They will guide you through the legal process, communicate with the insurance company, and help you get full compensation to cover the losses you incurred.
Is Uber Eats Liable for Injury During a Delivery?
When an accident happens during an Uber Eats delivery, determining fault can be difficult. One of the main problems stems from the fact that Uber Eats classifies its delivery drivers as independent contractors, meaning the company may argue that it is not directly liable for their negligence.
Unlike traditional employers, companies that have independent contractors are usually not held legally responsible for their workers’ conduct under the doctrine of respondeat superior. Victims will need to pursue compensation through the driver’s personal auto insurance or Uber’s commercial auto policy based on the driver’s status at the time of the incident.
While the company will try to deny responsibility for a driver’s mistakes, they are not immune from accountability if their own policies or practices contributed to damages. For instance, a food delivery company may be found negligent if they:
- Failed to properly screen or vet drivers.
- Ignored reports of unsafe driving behavior.
- Encouraged dangerous delivery practices.
If you were injured by an Uber Eats driver, a Beverly Hills food delivery accident lawyer can take a look at the factors associated with the crash, identify whether the driver was online and fulfilling orders at the time of the incident, and determine what type of insurance coverage will apply. They can also find out whether corporate negligence contributed to the collision.
Is DoorDash Liable for Accidents?
When a food delivery accident involves a DoorDash driver, determining whether the company is at fault depends on the driver’s status at the time of the event. Like Uber Eats, DoorDash deems its drivers as independent contractors, which will typically limit the company’s direct liability for collisions that happen during deliveries.ย
The company will try to argue that it is not vicariously liable for a driver’s negligence. But, if they did not do a proper background check, ignored prior complaints, or overlooked reports of reckless driving, they could face legal consequences for negligent hiring, supervision, or retention.
For affected parties, compensation will involve filing a claim against the driver’s personal auto insurance or seeking damages under DoorDash’s commercial liability policy based on if the driver was actively on the app for deliveries at the time the crash happened.
How Long Do You Have to File a Food Delivery Accident Lawsuit in California?
In California, victims are given two years from the date of the incident to file a food delivery accident claim under California Code of Civil Procedure ยง 335.1. Failing to pursue legal action within this time limit will cause you to lose your right to secure compensation. But, certain cases may extend or shorten the deadline. For instance, if the injured person is a minor, the statute of limitations will pause until they turn 18.
Since food delivery accidents involve several parties, it is important to connect to a personal injury lawyer as soon as you can after the incident. They will initiate an investigation, gather evidence, and make sure legal deadlines are met.
What Damages Can You Recover After a Delivery Driver Accident?
If you were harmed in a food delivery accident, you may be entitled to financial recovery. Your claim value will depend on the severity of your injury, the percentage of fault involved, and the impact the collision had on your quality of life.ย Usually, economic damages and non-economic damages are given.ย
Economic damages are tangible losses, like medical bills and lost wages. Non-economic damages refer to intangible losses, like emotional distress and pain and suffering.
To learn what you could be entitled to, you can use our personal injury settlement calculator by inputting the losses you sustained from the food delivery accident.
How Our Beverly Hills Food Delivery Accident Lawyers Can Help You
If you were injured in a food delivery accident, you do not have to go through the legal process on your own. At West Coast Trial Lawyers, we represent personal injury victims across Beverly Hills and throughout California. Our team of experienced food delivery accident lawyers will provide personalized attention to your case and guide you every step of the way to ensure you are granted a fair settlement.
To book a FREE consultation, you can get in touch with us by calling (213) 927-3700 or completing our easy online contact form.
