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If you suffered injuries after an accident caused by a DoorDash, Postmates, Uber Eats or other types of food delivery driver, you are entitled to file a personal injury in order to recover compensation for your losses. Food delivery accidents often result in significant property damage and injuries that may require costly medical care. These types of claims are logistically complicated, and dealing with a food delivery accident on your own can be stressful and challenging for you and your family. 

As mentioned, food delivery accident claims are complicated primarily because many food delivery companies will go to great lengths to deny their drivers are not their employees but “independent contractors”. For the most part, employers are not responsible for the negligent or criminal conduct of any independent contractors working for them. 

However, please know that employee classification rules and regulations are changing rapidly with the passing of California Senate Bill AB-5. This new piece of legislation goes into effect at the beginning of 2020 and will primarily affect employee classification as it relates to independent contractors. 

If you have suffered injuries as a result of an accident with a food delivery driver, you may be able to file a personal injury claim against the party responsible for your losses. Please don’t hesitate to contact our Bakersfield food delivery accident attorneys 24/7 at (661) 347-3610 or feel free to email us at [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team. At West Coast Trial Lawyers, we are always available to answer any questions you may have about food delivery accident claims. 

The Basics Of A Food Delivery Accident Claim

Food delivery drivers are more likely to drive carelessly because of their incentive to maximize profits. Food delivery drivers are usually paid by the delivery and not by the hour and are therefore more likely to engage in reckless driving behaviors, such as speeding, dangerous lane changes, and sudden stops. 

The most important consideration of a Bakersfield food delivery accident claim will consider when determining liability is, who was negligent? If a food delivery driver caused your accident by driving while under the influence, for example, he or she will be held liable for the accident and will have to pay for your losses. 

There are many examples of behaviors that may subject a delivery driver to liability for an accident. An experienced personal injury attorney at our firm can help you determine whether or not you are entitled to file a claim against the driver who caused your losses. 

As mentioned, some food delivery companies will argue that their drivers are “independent contractors” and not employees. However, what is the difference between an independent contractor and an employee? For the most part, the more control an employer has over driver performance and job-related tasks, the more likely a driver is an actual employee and not an independent contractor. 

Whether the food delivery driver that caused your injuries is an employee or an independent contractor is an important consideration if your damages exceed $1 million excess coverage. However, liability and damages are best determined by an experienced Bakersfield food delivery accident attorney.   

Other Types Of Food Delivery Issues

Food safety is another important concern for restaurants that deliver food. Many restaurants often struggle with maintaining the correct temperature for their food during deliveries. Food that is consumed at unsafe temperatures is dangerous because it can make people very sick.

Restaurants that serve food that causes someone to become sick can typically be held responsible for any losses caused. This also applies to food that is delivered. All restaurants owe their customers a duty of care to serve food that is not contaminated. 

However, if you were made sick by a restaurant’s food, you need to prove that a restaurant, or a restaurant’s employee, was negligent and that negligence caused your illness. For example, if you have any leftovers of the meal which you believe made you sick, that food can be tested to determine whether a virus, bacteria, or another pathogen made you sick. Such tests can also figure out whether it was the restaurant, the source of the food, or a sick employee that was responsible for your illness. 

Finally, if other people were also made sick by the same meal, that could also help strengthen your claim. We strongly recommend visiting a doctor to get tested if you become ill after drinking or eating contaminated food.

Laws Against Food Tampering

There are federal and California specific laws that prohibit food tampering. According to the United States Department of Justice, Subsection (a) of 18 U.S.C. § 1365 "prohibits tampering or attempted tampering with any consumer product that affects interstate or foreign commerce, or with the labeling of, or the container for such a product. The tampering must be done with reckless disregard for the risk that another person will be placed in danger of death or bodily injury. Furthermore, the tampering must be done under circumstances manifesting extreme indifference to the risk of death or bodily injury."

California law is more specific. Penal Code Section 347 states that individuals who knowingly add poison or harmful substances to food or drinks in situations where someone can be harmed may be found guilty of a felony which can be punishable with a prison sentence of two to five years. This means that a driver with a communicable disease who deliberately spits in someone’s food can be guilty of a felony and face jail time. 

Most importantly, any substance that causes severe physical injury or death will add three more years to that individual’s sentence. 

West Coast Trial Lawyers Is Always Here To Help

If you have suffered losses after a food delivery related incident, you have the right to hold the guilty party responsible for your losses. A Bakersfield food delivery accident attorney at our firm can recover financial compensation for the losses you have suffered, including medical bills, emotional distress, loss of consortium, and more. Call us today at (661) 347-3610 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team.


If you have been injured in an accident, you can count on the legal team at West Coast Trial Lawyers to fight for your rights every step of the way. Contact us today to schedule your free case evaluation with a personal injury attorney.
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