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Los Angeles Food Delivery Accident Lawyer

Los Angeles Food Delivery Accident Lawyer

Food delivery apps and services have exploded in popularity over the last several years and will likely continue to be a popular way for consumers to obtain the food they need when they need it. However, with the increase in food delivery drivers on the roads, so has the number of food delivery accidents. 

If you were injured in a food delivery accident, you may need legal guidance and support to help you figure out how to recover the compensation you deserve.

A dedicated Los Angeles food delivery accident attorney at West Coast Trial Lawyers could help you hold the liable party accountable. Our law firm has over 60 years of legal experience and have secured over $1.5 billion in lawsuit settlements.

Schedule a free consultation with us by filling out our quick contact form or call us at  213-927-3700 today.

Common Food Delivery Injuries and When to Sue 

Accidents with food delivery drivers are similar to other types of motor vehicle accidents. This means the injuries seen are often catastrophic or life-threatening. However, you must not have suffered debilitating injuries to move forward with a claim. 

As long as your injury has significantly impacted your life, you have grounds for legal action against the liable party.

There are types of injuries that occur as a result of food delivery accidents more frequently than others. The common causes of these injuries can be attributed to negligence. Some of these injuries include:

  • Traumatic brain injuries (TBIs)
  • Concussions
  • Spinal cord injuries
  • Broken and fractured bones
  • Soft tissue injuries
  • Post-traumatic stress disorder (PTSD)
  • Internal bleeding
  • Organ failure
  • Food poisoning

As long as someone else's negligence or misconduct contributed to your injuries, you may have the right to bring them to justice. You can contact a food delivery accident attorney in Los Angeles to review your injuries and determine whether you may be able to take civil action.

Food Delivery Accident Policies

The three most popular food delivery services in Los Angeles are DoorDash, Uber Eats, and Postmates. Insurance policies for these companies vary in regard to the amount of coverage they provide for damages arising from food delivery accident cases.


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 a personal auto insurance policy for all food delivery drivers, 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 will go into effect.

Uber Eats

Insurance coverage for Uber Eats is similar to an insurance policy for the Uber ridesharing company. If the app is currently on and the driver has not yet begun to pick up or deliver food (or if the driver is in between deliveries), the driver is covered for up to $50,000/$100,000/$25,000 (per individual/accident/property damage).

If the driver is on an active delivery (already accepted a request and is picking up or delivering food), auto liability coverage increases to $1 million.


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 offers additional insurance coverage 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.

What to Do After an Accident with a Food Delivery Driver

After a collision with a food delivery driver, you may be unsure of what to do next. The steps you take in the aftermath of your accident could have a critical impact on your ability to recover the compensation you need.

Here is what to do after a food delivery service accident:

  1. Call 911: By filing a police or crash report, law enforcement can document how the accident occurred, the information of all involved parties, and other information that could be used to support your case.
  2. Document the scene: Take photos of your injuries, any vehicle damage, any property damage, and video footage where possible.
  3. Medical evaluation: Even if your injuries may be considered minor, obtaining a medical evaluation is critical. You might have suffered injuries that are not readily seen and could pose a serious health risk if left untreated.
  4. Accident lawyer: Contact a food delivery accident attorney for help. Your attorney will investigate the cause of the accident and file a claim against the food delivery company.

Filing Claims Against Food Delivery Drivers

Delivery drivers for food delivery companies are more prone to drive carelessly because of their incentive to maximize profits. 

Because food delivery drivers are usually paid by the delivery and not by the hour, the drivers may be more likely to:

  • Speed
  • Neglect right-of-way laws
  • Make reckless lane changes
  • Make deliveries while tired
  • Drive while distracted (texting, looking up an address, talking on the phone, etc.)

Delivery accidents can become very complicated, especially when some companies argue that their employees are “independent contractors.” In most cases, employers are not held liable for the negligent conduct of independent contractors when carrying out delivery services.

If you've been injured in an accident caused by food delivery services, you may be able to recover compensation for medical expenses associated with your car accident. Schedule a consultation with our accident lawyers today.

Proving Negligence in Los Angeles Food Delivery Accidents

To prove liability in your food delivery service accident, your lawyer will be responsible for proving that the four elements of negligence have been met. The elements of negligence are:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

Your lawyer will need to show that the driver or other liable party owed you a duty of care and breached that duty of care in some way. This breach must have directly or indirectly caused you to suffer significant damages that have had an impact on your life.

To prove liability based on a preponderance of the evidence, your attorney will need to introduce compelling evidence to support your case. Some of the more common types of evidence that could be used to prove negligence include:

  • Police reports
  • Crash reports
  • Employment records
  • Cell phone records
  • Photos of your Injuries
  • Photos of the accident scene
  • Video of the accident
  • Financial records
  • Medical documents
  • Witness statements

Delivery drivers may be held liable for injuries as they are required to have their own auto insurance to cover any accidents they get into.

Can I Sue a Restaurant for Food Poisoning?

Food delivery drivers typically deliver food for a variety of restaurants. However, there are also restaurants that deliver their own food.

Any restaurant that causes someone to become sick because of contaminated food can generally be held liable for any losses caused. 

However, a customer who was made sick by a restaurant's food needs to be able to prove that a restaurant, or a restaurant's employee, was negligent and that negligence was the cause of their illness. 

To hold the restaurant liable, you must prove that it was the specific restaurant that made you sick by having direct evidence that the food you ate was contaminated. 

How California Shared Fault Laws Work

Injury victims often share fault for the injuries they sustained. The state of California follows a pure comparative negligence system.

To ensure you are held accountable for your portion of negligence, the courts will reduce your injury settlement in proportion to your percentage of liability.

If you believe you may share fault for your food delivery accident injuries, discussing your concerns with your attorney is important so we can better prepare for what's to come. Sharing liability could have an impact on the value of your claim. Make sure your legal advocate is carefully evaluating your case to ensure that the defense cannot place unwarranted blame on you.

Statute of Limitations for Food Delivery Accident Claims in Los Angeles 

Food delivery accident claims in Los Angeles are upheld to the California personal injury statute of limitations. Under the law, if you are going to be filing a personal injury claim of any kind, including food delivery accident claims, you must file your lawsuit before the two-year statute of limitations expires. 

Many people are quick to assume that the two-year expiration date occurs two years from the date of the collision or car accident. While this may be true for some, it is not for all. There are many factors that can be taken into account that impact when the statute of limitations will expire for your case.

It is critical to get a knowledgeable accident lawyer on your side who can inform you of when the statute of limitations will run out for you. If your lawsuit is not filed before the statute of limitations deadline, you will no longer have the right to seek compensation in the Los Angeles civil courts. 

How to Handle the Insurance Company

After a car accident with a food delivery driver, dealing with the insurance company may be the furthest thing from your mind. However, the vast majority of people will be represented by an insurance provider.

This can be beneficial when you need access to compensation for your damages. However, insurance companies are not in the business of paying out on claims fairly.

Instead, they look for every opportunity they can find to reduce or deny the claims of even the most deserving claimant.

What Does the Insurance Company Cover?

There are many misconceptions surrounding insurance companies. Following a car accident with a food delivery driver, you may assume that the insurance company will cover your damages in full. However, this is not the case. Insurance companies are required to cover damages up to the highest limit of their policyholder's policy. 

California is a fault state for car accidents and insurance purposes, so you will need to file a claim with the liable party's insurance provider. If the liable party purchases the minimum amount of coverage, you may find that your damages exceed the insurance policies.

When this happens, your insurance coverage will not cover your damages in full. Any remaining damages not covered by the insurance company can be sought in your civil claim against the at-fault party.

Available Damages in a Food Delivery Accident

If you were involved in an accident caused by a DoorDash, Postmates, or Uber Eats driver, you have the right to seek compensation for your losses. Car accidents caused by food delivery vehicles often result in pain and suffering.

You have the right to be made whole, which means every loss you have suffered can be recouped in your food delivery accident claim. This includes economic (financial) and non-economic (non-financial) damages. Some of the most frequently awarded types of damages include:

  • Costs of increased insurance premiums
  • Healthcare expenses and medical equipment fees
  • Physical pain and suffering
  • Loss of income and potential future earnings
  • Diminished quality of life
  • Damage to your personal and professional reputations
  • Disfigurement and skin scarring
  • Property damages
  • Loss of companionship, love, society, support, guidance, and advice

Get Help from a Food Delivery Injury Lawyer in Los Angeles 

Has your life been significantly affected after suffering serious injuries caused by a delivery driver? If so, you may be able to take action against the liable party when you contact a dedicated Los Angeles food delivery injury lawyer at West Coast Trial Lawyers.

Our expert attorneys will assist you in every step of the delivery driver accident lawsuit and help you recover compensation for all your troubles.

When you are ready to bring the liable party to justice, schedule your no-cost, risk-free consultation by filling out our convenient contact form or call us at 213-927-3700.

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