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Irvine Food Delivery Accident Cases

Food delivery services such as Doordash and UberEats have become very common throughout Orange County, especially in the city of Irvine. For many, this is an exciting thing. You can literally order just about any meal imaginable, from your favorite fast-food fries to a high-end sushi dinner, and it has it delivered right to your doorstep in a reasonable amount of time. 

However, there is a downside to this growing trend. With the increasing popularity of these services comes the reality that there are now more vehicles on Irvine’s streets than ever. Not only are there more cars on the streets, but these drivers are typically in a rush to make their deliveries as quickly as possible. As a result, they may not always drive safely or follow traffic rules. 

It’s a matter of simple statistics. The more cars there are on the road, the greater the chances of being involved in a car accident. Furthermore, there are other health-related food issues that come along with these food delivery services too, such as being made sick by contaminated food. We will discuss those other health issues in this article, too. 

If you suffered injuries after a car accident with a food delivery driver in the city of Irvine, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more. Please don’t hesitate to contact us 24/7 at (949) 334-9200 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 here to answer any questions you may have about food delivery accident claims and whether you are entitled to damages for your injuries and losses.

What Goes Into An Irvine Food Delivery Accident Claim?

Food delivery service regulations and laws are evolving rapidly because of the recent passing of AB-5, which will primarily affect employee classification. Until recently, drivers were thought of as independent contractors. We will discuss the difference between employees and independent contractors below.

However, regardless of status, all food delivery service drivers are under pressure to deliver quickly. Because of this pressure, they are likely to look up an address while driving, speed, not obey right of way laws, drive while tired, and make dangerous lane changes. All of these examples are forms of negligent behavior, which can subject a food delivery driver to liability. 

As with most types of car accidents, the most important consideration in a food delivery accident claim is: who was negligent? If a food delivery driver caused your accident by speeding, for example, he or she will almost certainly be held liable for the accident and will have to pay for your injuries. 

However, food delivery accident claims are especially complex, especially with the recent passing of AB-5. Furthermore, there are some food delivery companies that will argue their drivers are “independent contractors” and not employees. In most cases, as far as the law is concerned, an employer is generally not held liable for the negligent conduct of independent contractors. However, the laws are changing rapidly and food delivery drivers will soon be subject to different liability regulations. 

The Issue Of Liability And Employee Classification Is a food delivery driver an employee or an independent contractor?

The general rule is that the more control an employer has regarding job related tasks and worker performance, the more likely an individual is an employee and not an independent contractor. Furthermore, food delivery drivers are more likely to be employees and not independent contractors if the employer:

  • Pays their drivers on a bi-weekly or weekly basis.
  • Sets a delivery driver’s schedule or routes.
  • Provides equipment or uniforms.
  • Pays by the hour and not by the job.
  • Provides benefits, health insurance, or vacation time.
  • Requires drivers to clock in and out.

As mentioned, the recent passing of Senate Bill AB-5 will drastically change job classification for food delivery drivers. It is highly recommended to consult with an experienced food delivery accident attorney as soon as possible to determine whether you have a claim.

Other Food Delivery Concerns

Food safety is especially important if the restaurant delivers, as this adds potential dangers and risks. Some restaurants, for example, often struggle with maintaining the correct temperature for their food during delivery. Transporting food at an unsafe temperature can cause it to go bad, which is dangerous because spoiled food can make someone very sick. 

Food tampering is another valid fear. There are many famous cases where a delivery driver has helped himself to a customer’s food. Whether snatching french fries or devouring the meal, these actions are morally wrong and can expose a customer to cross-contamination.

Companies such as UberEats are presently trying to persuade restaurants to place their food in tamper-resistant packaging in order to prevent the temptation of stealing food. Furthermore, California law prohibits anyone from adding poison or a harmful substance to food or drink. This means that spitting in someone’s food can be punishable with two-five years of jail time. 

West Coast Trial Lawyers Is Always Here To Help

Call us today at  (949) 334-9200 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team. We are always here to answer any questions you may have about food delivery accident claims.


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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