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California Food Delivery Accident Attorney

Food Delivery Driver Accidents in California

Food delivery companies have gained mass popularity throughout many cities across California. As food delivery services continue to receive high demand, more and more delivery drivers are being hired to fulfill order requests. Although these services benefit the customers, delivery drivers are often left with the pressure of picking up and dropping off orders on time. Many of them may be influenced to perform unlawful actions, such as speeding or ignoring traffic laws, to keep up with their schedules.

As acts of negligence are committed, chances of getting into a food delivery accident become much more likely.

Victims of food delivery accidents are welcome to contact our qualified California food delivery accident attorneys at West Coast Trial Lawyers. We will offer legal assistance to make sure you are given a fair settlement offer that will cover your damages. With our track record of over 60 years in recovering more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case.

To schedule a free consultation, please contact our 24/7 legal team by calling 213-927-3700 or filling out our quick contact form.

What to Do After a Food Delivery Accident in California

Have you ever had your food delivered and it was tampered with? Have you ever been a victim of a hit and run by food delivery vehicles?

If any of these incidents or a similar situation with a food delivery company has happened to you, you may be eligible to seek compensation for any accident caused.

After getting into an accident with a food delivery driver, here is a list of essential steps you should consider taking to recover compensation for your damages:

  • Call 911: If you notice any injuries or damages, you should contact the police immediately. They will arrive at the scene of the accident and conduct an official police report. You may request a copy of this report to use as a piece of evidence for your personal injury lawsuit. Paramedics may also arrive to provide medical attention to injured parties.
  • Contact Information: Make sure to obtain the driver's license details, license plate number, vehicle manufacturer, contact information, delivery profile details, and insurance information of the other party involved.
  • Gather Evidence: You should take photos and/or video footage of any injuries or damages you sustained from the food delivery accident. Furthermore, you should also capture proof of the tampered food or where the food delivery accident occurred and how the road conditions appeared.
  • Witness Information: If you notice any witnesses nearby, you should ask for their consent to obtain their contact information. Remember, witness testimonies can greatly support your personal injury and insurance claim, especially if there were any traffic violations or fatal accidents.
  • Medical Attention: It is encouraged for those involved in an accident to get examined by a doctor. You might have suffered from an injury that could gradually worsen over time if not treated earlier on. All visits connected to the food delivery accident will be saved on file and can be used as evidence to recover medical expenses.
  • Hire an Attorney: An expert California food delivery accident attorney will help strengthen your personal injury claim and negotiate with insurance companies to ensure you are given the compensation you deserve.

Any decisions you make after the incident can greatly affect the outcome of your case. It may be in your best interest to pursue legal actions against the at-fault party. Contact West Coast Trial Lawyers today for a free case evaluation.

Liability for Food Delivery Services

To determine liability in a food delivery accident, certain things must first be considered, such as the facts of the case and how much fault each party is responsible for.

Determining liability between the food delivery company and the delivery drivers is dependent on whether the food delivery company's policy has drivers listed as employees.

Vicarious Liability is a legal term that states employers are responsible for the negligence of their employees while they are on duty. Therefore, if you can prove that the delivery driver is an employee of the food delivery company, the company will be vicariously liable.

California is a shared liability state, which means you can partially be at fault for your accident or injuries. After investigations have been concluded, the amount of negligence each party contributed will be reflected in the financial settlement amounts.

Contact a food delivery accident lawyer to learn more about your rights and the options available to you in your personal injury claim.

Food Tampering Laws in California

Tampering or poisoning another person's food or a substance they are about to ingest is a criminal offense in the state of California and a common cause of food delivery accidents.

California Penal Code 347 states that:

"Every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places any poison or harmful substance in any spring, well, reservoir, or public water supply, where the person knows or should have known that the same would be taken by any human being to his or her injury, is guilty of a felony punishable by imprisonment in the state prison for two, four, or five years."

An additional term of three years will be added to the sentence if a person violates the above law with the use of poison that could cause death.

It is also illegal to maliciously inform someone that something they will ingest is poisoned or will be poisoned, knowing it is false.

Speak with a food delivery accident lawyer at our firm to know your rights and to have a chance at recovering fair compensation.

Are Food Delivery Drivers Employees or Independent Contractors?

When Assembly Bill 5 (AB5) passed in 2019, food delivery drivers were classified as employees, meaning that any unlawful actions committed by an Uber Eats driver would hold Uber accountable for damages. Furthermore, employee benefits, such as minimum wage, sick pay, and workers' compensation, were also provided.

However, in-app services were not satisfied with the passing of this new law. This led to the establishment of Proposition 22. Over $200 million was donated to this campaign, which ultimately resulted in Prop 22 being passed in 2020. This reclassified food delivery drivers as independent contractors, meaning that companies will not be held liable for their negligent actions.

Prop 22 was later declared unconstitutional by a California Superior Court Judge. Uber will appeal to the court's decision, meaning that Prop 22 will make its way to California's Supreme Court, where it will be determined whether it should continue to remain in effect. Until then, food delivery drivers will still be identified as independent contractors.

Handling a food delivery accident case can be quite complex. It is important to acquire legal representation from an experienced California food delivery accident attorney. They will assess your case to determine what necessary steps are needed to confirm which party should be held accountable for your losses.

What Kind of Insurance Does a Food Delivery Driver Need?

Many California residents frequent Uber Eats, DoorDash, Grubhub, or Postmates. These are some of the largest food service providers in the country. These companies each offer coverages that cover the damage suffered as a result of an accident while the driver is completing his work. The insurance policies required vary depending on the food delivery app being used.

Uber Eats

Uber Eats ride-sharing division shares similar insurance coverage with Uber drivers. Uber's ridesharing side also offers a policy for drivers if they have an Uber-like app but it doesn't work, and their car has been stolen. Uber Eats liability protection for passengers who accept rides or food delivery orders will increase to $200,000 a day. Uber's ride policies don't protect uninsured motorists, so it doesn't cover uninsured drivers. Drivers are expected to have their own insurance coverage.


According to DoorDash's website, they provide excess auto insurance for DoorDash drivers, but only for property damage or bodily injury caused to third parties. DoorDash requires all food delivery drivers to have their own auto insurance policy, which serves as the primary coverage in the event of an accident.

If your damages exceed the delivery driver's policy, and the accident happened when the driver was on active delivery, DoorDash's contingent liability policy of $1 million in excess coverage will go into effect.


Postmates provides $1 million in excess liability to third-party claims and will only come into play after the Postmates driver's personal auto insurance coverage has been exhausted.

Postmates insurance coverage also has what is called “accidental occupational liability” coverage, which allows up to $50,000 to cover the costs of medical expenses for injuries suffered while on the job.


Food delivery companies like Grubhub do not provide insurance coverage for their food delivery drivers. However, Grubhub delivery drivers are expected to still have their own personal coverage or driver's insurance policy. This ensures that the driver has protection during active deliveries and in case of any car accident or property damage.

Common Causes of Food Delivery Accidents

Food delivery accidents are a common occurrence for every food delivery service or food delivery company.

Every food delivery driver is expected to make as many deliveries as possible within an allotted time in order to be paid a portion of the delivery fee. This added pressure can make food delivery vehicles more prone to accidents, amongst other things.

Here are some common causes of California food delivery accidents:

  • Distracted driving
  • Food tampering
  • Cross-contamination of food
  • Not being seen by drivers on the road
  • Bad roads
  • Poor weather conditions
  • Speeding
  • Poor brakes
  • Being hit by car passengers or drivers opening the door
  • Being veered off the road by a car or truck
  • Being hit by a car or truck

A food delivery accident lawyer can help you if you have lost wages due to injuries caused by a food delivery driver.

Available Damages for Food Delivery Accident Victims

If you were involved in a food delivery accident, you may be entitled to receive compensation for your losses. Oftentimes, motor vehicle accidents result in serious injuries that may require costly medical treatments. Repair costs for a damaged vehicle and alternative transportation may also push accident victims into a financial burden.

By filing a personal injury claim, you will have the opportunity to claim recoverable damages from the party at fault to help cover your expenses.

The two common types of compensatory damages that are offered in a food delivery accident include economic damages and non-economic damages.

Economic damages are monetary in nature. Some of the most common types of economic damages awarded in a food delivery accident claim include medical bills, lost wages, property damage, and loss of earning capacity.

Non-economic damages do not have a monetary value. Your California food delivery accident attorney will need to measure these accordingly. Common types of non-economic damages may include emotional distress, loss of consortium, loss of enjoyment of life, and pain and suffering.

Victims of a food delivery accident may also be eligible to acquire punitive damages. 

Punitive damages are granted on top of compensatory damages to punish the defendant for committing negligent or malicious behavior. Punitive damages may only be awarded at the court's discretion.

West Coast Trial Lawyers Is Here to Help

If you have sustained injuries as a result of someone's negligence or deliberate acts of malice that can occur in food delivery accidents, you have the right to hold the guilty party responsible for your losses. Our California food delivery accident attorneys at West Coast Trial Lawyers can recover compensation for the losses you have suffered.

Contact us today by calling 213-927-3700 or filling out our contact form to schedule a free consultation with an accident attorney from our experienced and compassionate legal team.

Food Delivery Accident Resources from Our Firm

What Does Prop 22 Mean for Food Delivery Drivers?

Popular Food Delivery Company Statistics

Food Delivery Insurance Coverage in 2022

California Food Tampering Laws

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