Phoenix Food Delivery Accident Lawyer

Food delivery services, like Uber Eats, DoorDash, and Grubhub, offer convenience, allowing customers to make orders effortlessly with just a few taps on their phones. With its continuous rise in demand, it has led to a higher number of drivers on the road. This, in turn, has increased the likelihood of accidents. 

Negligent behavior may also heighten the risk of a collision. For instance, food delivery drivers are often faced with tight deadlines. This may influence them to violate Phoenix traffic laws to ensure orders are delivered in a timely manner. But, doing so can create dangerous road conditions that can put them and others in harm’s way. 

If you were involved in an accident with a food delivery driver, you may be given the right to file a claim against them to secure compensation. At West Coast Trial Lawyers, we have over 20 years of experience handling personal injury cases, and more than $1.7 billion in settlements recovered on behalf of our clients. Due to our ongoing achievements, we remain determined to provide quality services that will meet or exceed your legal needs. 

We run on a contingency-fee basis, meaning you owe us nothing unless we successfully win or settle your case. To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.

Common Causes of Food Delivery Accidents in Phoenix

Food delivery drivers face risks on the road, mainly since they have to rush to meet delivery deadlines, deal with traffic congestion, and travel to unfamiliar areas. These factors can all raise the probability of an accident. Let’s take a look at what specific outcomes can occur in such conditions.

Distracted Driving

A food delivery driver relies on their phone to accept orders, navigate to the customer, and confirm deliveries. This requires them to keep looking at their screens, even for a few seconds, thus taking their attention away from the road. Actions like this can put them at risk of a crash. Such individuals will need to comply with the following traffic laws to prevent a reckless driving accident:

• CVC 23123: A driver cannot access a wireless telephone while on the road unless it comes with hands-free features, and is used in that matter.
• CVC 23123.5: A driver cannot use a wireless telephone or an electronic device except if it is made for voice-operated, hands-free use. It will need to be operated in this manner while driving.

To ensure that a food delivery driver is safely using their phone during work hours, they should:

• Use a mount or holder for the phone
• Access hands-free features
• Plan routes before they start driving
• Pull over to complete phone-related tasks

Fatigue

Fatigue can impair a food delivery driver’s ability to operate a vehicle safely. This issue typically emerges when an individual exhausts their energy and does not replenish it with enough sleep. As a result, a food delivery driver will take longer to react to abrupt changes in traffic conditions. Poor decision making is also possible, and can put food delivery drivers at risk of an accident, especially if they misjudge distances or take risky shortcuts.

Inadequate Training

Without proper training, food delivery drivers may not be entirely aware of traffic laws or safety regulations, impeding their ability to drive properly on the road. For instance, if an individual does not understand certain road signs or how to interact with complex intersections, it could lead to a collision.

Vehicle Maintenance Issues

Maintenance issues can contribute to food delivery accidents as it can obstruct a vehicle’s ability to function properly, thus triggering breakdowns or malfunctions while driving. For instance, if brake failures are presented due to inadequate maintenance, a food delivery driver may experience delayed or unresponsive braking. This is dangerous, particularly in cases where you need to make sudden stops for pedestrians, other drivers, or traffic signals.

Road Hazards

Road hazards, like potholes or debris, can pose significant risks to food delivery drivers, causing vehicle damage or loss of control. To reduce these risks, they must remain calm and prepared at all times to take the appropriate actions needed if a road obstacle appears. By managing these risks effectively, food delivery drivers can navigate hazards more safely and can lessen the chances of accidents.

Common Food Delivery Accident Injuries

Common injuries in a food delivery accident can range from minor to severe depending on the intensity of the impact. Below are some forms of bodily harm that may arise shortly after such a collision:

• Broken bones
• Whiplash
• Head injuries
• Spinal cord injuries
• Internal injuries

Accident victims are encouraged to seek treatment immediately following the collision, regardless of whether minimal or serious injuries are present. An early diagnosis can be made and will allow you to get the care needed to recover.

What to Do After a Food Delivery Accident

Accidents involving food delivery vehicles can be stressful. But, completing the following steps can help protect your safety and rights.

Contact Local Authorities

If you notice any injuries or property damage, you should contact 911 immediately and request immediate assistance. Police will arrive at the accident scene and conduct a written report. Paramedics will also show up soon after to provide medical care to affected individuals.

Exchange Information

Be sure to exchange contact, insurance, and vehicle information with all of the involved parties.

Seek Medical Attention

You should seek medical attention as soon as possible, even if you do not feel like you sustained any injuries. Some conditions, like soft tissue damage or internal injuries, may not show symptoms right away, but can progressively worsen over time if left untreated. All of your visits, prescriptions, and surgical procedures will be saved on file, and can be used as proof if you are planning on pursuing a lawsuit against the responsible party.

Gather Evidence

Try to gather as much evidence as you can, such as:

• Photos of your injury, damages, and the accident scene
• CCTV footage
• Witness information
• A copy of the police report and your medical records

Speak to a Phoenix Food Delivery Accident Lawyer

If you were involved in a food delivery accident that involves injuries, property damage, or disputes over fault, it would be beneficial to seek legal assistance from a knowledgeable Phoenix food delivery accident lawyer. They can navigate the legal and insurance process, while also protecting your rights and ensuring you get the best outcome possible. Even if the incident is minor, consulting with a lawyer can give you peace of mind and help you understand what options you have available moving forward.

Determining Liability

Determining liability in a food delivery accident will require you to incorporate several factors to demonstrate the elements of negligence. This includes the following:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• You suffered injuries as a result of their reckless behavior
• The defendant’s actions caused you to sustain losses, like medical bills or emotional distress

Since food delivery drivers are classified as independent contractors, responsibility will typically fall on them. But, shared liability is possible. Under Arizona’s pure comparative negligence law, compensation may be awarded to each side, but it will be reduced based on percentage of fault.

For instance, if total damages accumulated to $80,000 and you are 20 percent at fault, you may be given an estimate of $64,000.

Insurance Coverage for Food Delivery Drivers

Food delivery companies, like Uber Eats, DoorDash, and Grubhub, offer varying levels of insurance coverage to their drivers while they are actively working. Let’s take a look at what is included for each one.

Uber Eats

When delivering for Uber Eats, the following coverage may be provided and will vary based on when the accident occurred and whether the driver has their own personal auto insurance policy:

• Phase 0: When a driver is offline, Uber Eats’ insurance coverage will not apply. Instead, the driver will need to use their own personal auto insurance for accidents that occur.
• Phase 1: When the driver is online and waiting for an order request, third-party liability insurance will cover the cost of injuries or damages in at least the following amounts — $50,000 per individual, $100,000 per accident for injuries, and $25,000 in property damage.
• Phase 2 and 3: This happens when a driver is en route or on a trip to complete the order. In this case, food delivery drivers will acquire at least $1,000,000 for property damage and injuries to riders and third-parties involved in a collision where you are at fault. Repair costs up to the actual cash value of the vehicle may also be included (with a $2,500 deductible). This is contingent upon the driver having comprehensive and collision coverage through their personal auto insurance.

DoorDash

DoorDash offers third-party auto liability insurance for Dashers who get into an accident during the “Delivery Service” Period. This will begin when a Dasher accepts a delivery request on the DoorDash app and lasts until the order has been marked as delivered, unassigned, or canceled.

If a Dasher is online but has not accepted an order request, their personal auto insurance would have to cover injuries and damages. Furthermore, a DoorDash driver will still be responsible for vehicle damage and will have to address that to their own auto insurance.

Grubhub

Grubhub does not provide commercial auto insurance coverage to its drivers, meaning the drivers are responsible for carrying their own personal car insurance. But, the company does offer occupational accident insurance for medical expenses and lost income if they sustained injuries as a result of a Grubhub delivery accident. This does not cover vehicle damage.

If you were involved in such a collision and are seeking legal assistance from a Grubhub accident lawyer, you can reach out to West Coast Trial Lawyers for insight on how to move forward with your claim. Our team specializes in personal injury, including food delivery accident cases, and can explain the legal rights and options you have available.

How Long Do I Have to File a Food Delivery Accident Claim?

Since food delivery crashes are considered as auto accidents, you will be granted two years from the date of the event to file a claim. Although it may seem like enough time to sue, you should act quickly to gather sufficient evidence and find a knowledgeable Phoenix food delivery accident lawyer to assist you with the legal process. Delays will put you at risk of exceeding the statute of limitations, and if that happens, you will no longer be entitled to secure compensation for the damages you sustained.

Available Compensation in a Food Delivery Accident

Available compensation in a food delivery accident will vary on a case-by-case basis due to the unique circumstances involved. Below are some common factors that will be considered when determining a settlement value:

• The extent of your injury
• Percentage of fault
• Current and future medical expenses
• Lost wages and earning capacity

To get an idea of what you could receive, you can use our personal injury settlement calculator by inputting the losses you incurred as a result of the food delivery accident.

Typically, economic damages and non-economic damages are awarded. In rare cases, punitive damages may also be given.

Economic Damages

Economic damages are financial costs resulting from the collision. These are meant to compensate the victim for out-of-pocket expenses, and can be easily calculated based on bills and receipts. Examples of economic damages include the following:

• Medical bills
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages are subjective, non-monetary losses that do not have a direct financial cost, but still affect the victim’s quality of life. This includes:

• Emotional distress
• Loss of enjoyment of life
• Pain and suffering

Punitive Damages

Punitive damages are awarded to punish the defendant for exhibiting egregious behavior and to prevent similar conduct in the future. It is not automatically granted in personal injury cases. To be eligible, you will need to prove that the defendant acted with intentional harm, extreme recklessness, or gross negligence.

Schedule a FREE Consultation with Our Phoenix Food Delivery Accident Lawyers Today

Accident victims are entitled to file a personal injury claim against the responsible party to recover compensation. At West Coast Trial Lawyers, our skilled Phoenix food delivery accident attorneys are readily available to step in and take on any legal complexities that may arise with your case while you focus on your recovery without added stress.

To schedule a FREE case evaluation, you can get in touch with us by calling (213) 927-3700 or completing our convenient online contact form.

Phoenix Food Delivery Accident FAQ

Can I Sue a Food Delivery Company After an Accident?

Since food delivery companies, like Uber Eats, DoorDash, and Grubhub, classify their drivers as independent contractors, it protects them from direct liability. However, there are a few exceptions where a lawsuit can be filed against them. This includes the following:

• The company did not perform a proper background check before hiring the unqualified applicant or
• The company failed to suspend reckless drivers after receiving complaints about poor behavior

What if the Food Delivery Driver Was Uninsured or Underinsured?

If a food delivery driver is uninsured or underinsured, you may be able to file a claim under your own auto insurance policy if you carry Uninsured Motorist (UM) or Underinsured Motorist (UIM) coverage. Arizona law does not require UM/UIM coverage, but it is highly recommended, especially for situations like this. 

Do I Need a Lawyer After a Food Delivery Accident?

While you are not legally required to hire a Phoenix food delivery accident lawyer, doing so can greatly improve your likelihood of acquiring a fair settlement, particularly when it comes to complex cases. Such lawyers can gather evidence and prove fault. They will also negotiate with insurance companies and help maximize compensation. If the food delivery accident leads to serious injuries, permanent disability, or significant property loss, they will calculate the value of your claim, and ensure you do not accept a lowball offer that does not cover long-term costs.