California Food Delivery Accident Attorney

Food delivery services 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.

In order to keep up with demand and people’s expectations, 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 a food delivery accident are welcomed to contact our qualified California food delivery accident attorneys at West Coast Trial Lawyers. We offer legal assistance to make sure you are given a fair settlement offer that will cover your damages. With our track record of recovering more than $1.7 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.

Are Food Delivery Drivers Employees or Independent Contractors?

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

However, in-app services, such as Uber and Lyft, were not satisfied with the passing of this new law and led to the establishment of Proposition 22. This proposition reclassified food delivery drivers as independent contractors, meaning that companies will not be held liable for their negligent actions.

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. As per California Penal Code 347, any person who willfully places any harmful substance in any food, drink, or medicine will be guilty of a felony and can be punished for up to five years of imprisonment.

Should you believe that your food was tampered with by the delivery driver, it is important to speak with a food delivery accident lawyer at our firm to know your rights and to have a chance at recovering fair compensation.

Why Hire a Food Delivery Accident Lawyer?

As app-based delivery services are a growing service, the chances of a driver getting involved in an accident increases with every order. To many people’s surprise, determining liability and handling the insurance companies is a long and complex process and hiring an experienced attorney can make it a painless and seamless experience.

In addition to handling the legal paperwork, an attorney can negotiate with opposing parties and insurance adjusters, help gather evidence, give sound legal advice, and even represent you in court should your claim go to trial.

The Importance of Finding A Local Food Delivery Accident Lawyer In California

When you have suffered a injury in a food delivery accident, hiring a local attorney can make all the difference in navigating your case effectively. As local lawyers understand the specific laws, regulations, and court systems in your area, they can give you an edge when it comes to building a strong case. In addition to their legal knowledge, local attorneys often have connections with local experts, investigators, and resources that can be crucial to your claim.

Here are some other benefits you can get of working with a local food delivery accident lawyer:

• In-depth knowledge of local laws: Each city in California has its own nuances when it comes to handling food delivery accident claims. 
• Familiarity with local courts and judges: A local attorney knows the preferences and tendencies of judges and other legal professionals in the area.
• Accessibility and personalized service: Meeting your attorney in person can provide peace of mind and foster clear communication throughout the process.

If you’re looking for an experienced local food delivery accident lawyer, we proudly serve clients in cities across California. Explore the links below to find help in your area:

• Los Angeles
• Irvine
• San Bernardino
• Long Beach
• San Francisco
• Newport Beach
• Woodland Hills
• Sacramento
• Beverly Hills
• Pasadena
• Solana Beach
• San Jose
• Bakersfield
• Riverside
• Fresno
• Glendora
• San Diego
• Santa Ana
• Fullerton
• Visalia
• Valencia
• West Covina
• Palm Springs

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
• Drunk driving
• Bad roads
• Poor weather conditions
• Speeding
• Poor brakes
• Reckless driving
• Road rage

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

What to Do After a Food Delivery Accident in California

After getting into an accident with a food delivery driver, you may be wondering what the next steps should be to successfully pursue legal actions against the party at-fault. Any decisions you make after the incident can greatly affect the outcome of your case. Below, we have created a list of essential steps you should consider taking to increase your chances of acquiring a fair settlement offer.

• Call 911, if necessary- If you notice any injuries or damages, you should contact the police immediately. First responders 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 claim. Paramedics may also arrive to provide medical attention to injured parties.
• Exchange information with the other party- Make sure to obtain their driver’s license details, license plate number, vehicle model, contact information, and insurance information.
• 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 where the food delivery accident took place and how the road conditions appeared.
• Visit a doctor- 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 include in your personal injury claim.
• Hire an expert California food delivery accident attorney- Your attorney will help strengthen your personal injury claim and negotiate with insurance companies to ensure you are given the compensation you deserve.

What Kind of Insurance Does a Food Delivery Driver Need?

Many California residents frequent UberEats, DoorDash, Grubhub, or Postmates and in order to meet the growing demand, these need to employ thousands of drivers to deliver food at a moment’s notice. As such, the risk of food delivery drivers getting into accidents dramatically increases and app-based delivery companies offer coverages that cover the damage suffered as a result of an accident while the driver is completing his work. However, it is important to note that the insurance policies required vary depending on the food delivery app being used.

Uber Eats

Uber Eats shares similar insurance coverage with regular Uber drivers as the coverage for Uber Eats liability insurance is completely dependent on a driver’s trip status. Should a food delivery driver get into an accident when they are just online, the company’s third party insurance policy will cover $50,000 per person, $100,000 per accident, and $25,000 in property damage. If any accident occurs when the food delivery driver is trying to complete a trip, this coverage increases to $1,000,000 for property damage and medical expenses to riders and third parties involved.

DoorDash

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.

Grubhub

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.

Available Damages in a Food Delivery Accident

Oftentimes, food delivery accidents result in serious injuries that may require costly medical treatments. Repair costs for a damaged vehicle may also push a victim of a food delivery accident into a financial burden.

By filing a personal injury lawsuit, you will have the opportunity to claim recoverable damages from the party at-fault to help cover your expenses. Common types of compensatory damages that are offered in a food delivery accident include economic damages and non-economic damages.

Economic Damages

Economic damages are calculable financial losses that have occurred due to the accident in question. Some of the most common types of economic damages awarded in food delivery accident claims include medical expenses, lost wages, property damage, and loss of earning capacity.

Non-Economic Damages

Non-economic damages are referred to as incalculable losses that have occurred due to the accident. This type of damages are designed to compensate victims for any emotional suffering they have suffered and 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.

West Coast Trial Lawyers Is Here to Help

If you have sustained injuries as a result of someone’s negligence or recklessness, 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.

We are a personal injury law firm with over 20 years of experience and, as a result of our legal team’s dedication, we have recovered over $1.7 billion in financial compensation. As food delivery accidents are a complicated and confusing process, especially for those with little legal experience, our team of attorneys will be there every step of the way.

Contact us today by calling (213) 927-3700 or filling out our quick contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.

Frequently Asked Questions About Food Delivery Accidents

Can Food Delivery Apps Be Held Liable for My Damages?

Food delivery apps like Grubhub, Doordash, Postmates, and Uber Eats all have a third-party insurance coverage plan for their independent contractors should they ever get into an accident. While food delivery apps cannot be directly held liable for damages due to their driver’s independent contractor status, their liability insurance will tend to cover majority of if not all of the damages in an accident.

For example, Doordash covers $50,000 for bodily injury sustained by any one person in an accident, $100,000 for bodily injuries sustained by all people in an accident, and $25,000 for damage to or destruction of property in an accident.

How Much Do Accident Attorneys Charge in California?

Accident attorneys can charge in a variety of different ways, but most attorneys tend to operate under a contingency based system where they charge a flat fee for their services, only if they win or receive a settlement offer.

Does It Matter What the Delivery Driver Was Delivering at the Time of the Accident?

If a delivery driver gets into an accident, the items that they were transporting does not matter unless the driver was directly interacting with the item and was the leading factor that caused the accident in question.