Sacramento Food Delivery Accident Lawyer

Food delivery services like Uber Eats, Postmates, and Grubhub remain popular and in-demand as Sacramento residents and visitors are given easy access to request an order with just a few taps on their devices. Although this concept has provided benefits to users over time, it has also presented an increased risk of collisions on the road. With such a dynamic city atmosphere and an expected high volume of traffic, delivery drivers are often faced with challenges that have contributed to an auto accident.

Due to the nature of accidents with independent contractors, identifying the liable party and suing them can be tricky. But, with the help of a personal injury law firm, like West Coast Trial Lawyers, affected victims can rest assured that they will be well-taken care of. With a proven track record of delivering client satisfaction, our Sacramento team is confident that we will meet your legal needs and get you the compensation you deserve for your losses.

With over 20 years of experience, we have recovered over $1.6 billion in financial compensation to our deserving clients and we will continue to do our due diligence to make sure they are properly represented in the California court system. As a result of our dedication, our team of attorneys are confident that they can get you the maximum compensation you deserve for your losses.

We run on a contingency-fee basis, meaning that you owe us nothing until we settle your case. To schedule a free consultation, you can connect with us by calling (213) 927-3700 or filling out our convenient contact form.

What Can Cause a Food Delivery Accident?

Drivers may encounter multiple issues on the road that can cause food delivery accidents.

Distracted Driving

A phone is an essential factor a delivery driver will need to use when fulfilling requests. They often rely on GPS for directions. But, this could lead to distractions. Texting or communicating with the customers could also affect the driver’s attention from their surroundings.

Vehicle Issues

If a driver is operating a defective vehicle or one that is not properly maintained, chances of a collision are highly expected.

Unfamiliar Roads

Food delivery drivers who operate in areas they are unfamiliar with are more likely to make sudden stops or sharp turns when attempting to locate the customer’s address.

Traffic Hazards

Poor road conditions can make driving challenging. If such hazards are not detected ahead of time, it can trigger a food delivery accident.

Inexperienced Drivers

Some delivery drivers may have insufficient experience with congested traffic or bad weather conditions. Lacking skill in either scenario could ultimately lead to a collision.

Common Injuries in a Food Delivery Accident

Common injuries in a food delivery accident will differ based on the intensity of the impact and what types of vehicles were involved. Usually, the following forms of bodily harm may occur:

• Broken bones
• Cuts and lacerations
• Head injuries
• Spinal cord injuries

Not only will victims endure physical pain, but they could also experience psychological trauma. This includes:

• Depression
• Anxiety
• Post-traumatic stress disorder (PTSD)

Steps to Take After a Food Delivery Accident

After a food delivery accident, there are a number of things that you should consider in order to protect your rights and ensure your safety. However, it is important that you prioritize your actions so that you are legally protected and your actions are accounted for. 

Contact Local Law Enforcement

Report the incident over to local law enforcement. First responders will arrive at the accident scene and conduct a police report. You may request a copy of it to use in your personal injury claim.

Seek Medical Attention

Be sure to get yourself examined by your physician. They will evaluate the wounded area, diagnose the problem, and give you a treatment plan to follow to help with your recovery. All of your doctor visits, medical prescriptions, and/or surgical procedures will be documented and saved on file. You can request a copy of your medical records as evidence to present in your lawsuit.

Notify the Food Delivery Company

Contact the food delivery company to let them know about the crash. Most of them typically offer insurance coverage for their drivers during deliveries, and should know about the incident.

Gather Evidence

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

• Photos of your injury, damages, and the accident scene
• Contact, vehicle, and insurance information from all parties involved
• Witness statements
• A copy of the police report and your health records

Hire a Sacramento Food Delivery Accident Lawyer

If you were injured after the crash, consulting with a Sacramento food delivery accident lawyer can greatly assist you with the claims process. Lawsuits can be overwhelming. But, your legal representative will step in to take on the difficult tasks to ensure you have a smooth experience.

Who Is Liable in a Food Delivery Accident?

Determining liability in a food delivery accident could involve several parties depending on the factors pertaining to the incident. Below are some possible defendants in such a case.

Delivery Driver

If the delivery driver exhibited negligent behavior, like speeding or distracted driving, they may be held liable for the crash and the resulting damages.

Delivery Company

It is possible for a delivery company to be held liable for a food delivery accident. Under vicarious liability, employers can be responsible for the actions of their workers if they were acting within the scope of their employment during the time of the collision.

For instance, if a food delivery company failed to initiate a background check prior to hiring a candidate with a bad driving history, they will face legal repercussions for any delivery-related accidents that are caused by that particular driver.

Third Parties

Other parties, like drivers or pedestrians, can bear some responsibility for the actions they contributed to the auto accident. For example, if a motorist made an abrupt lane change and crashed into the food delivery driver, they will be met with legal consequences for their recklessness and/or negligence.

Vehicle Owner

If the driver was operating a vehicle that was owned by another individual, the owner could possibly share responsibility. This specifically applies if they failed to properly maintain the vehicle prior to it being used.

Government Entities

Government entities who are in charge of certain locations throughout Sacramento are required to ensure road conditions are safe for the public to use. If they allow hazards, like potholes or cracked pavements, to be present for a significant period of time, it will put others at risk of getting injured. This responsibility extends to government employed drivers and operators such as buses. As a result, affected victims may pursue legal action to seek compensation.

What If I’m Partially Liable?

Under California’s comparative negligence rule, you can still recover compensation even if you are partially liable for the food delivery accident. But, damages will be reduced based on your percentage of fault. So, if the delivery driver is 80 percent at fault and you are 20 percent at fault, damages will be adjusted according to the amount of negligence each side contributed to the crash.

Are Food Delivery Drivers Employees or Independent Contractors?

Most food delivery companies classify their drivers as independent contractors. This typically means the following:

• The driver will be given a flexible schedule. They can choose when to start their shift, decide their own work hours, and which delivery request to complete.
• The driver will not receive benefits, such as paid time off or workers’ compensation.
• The driver will need to cover their own vehicle expenses. But, some companies do offer limited insurance coverage for active deliveries.
• The delivery company will have limited liability for accidents or injuries caused by the driver. This will make it difficult to hold them accountable for damages.

Food Delivery Insurance Coverage

Food delivery insurance provides protection to drivers and companies in the event of an accident. However, this may include liability for accidents, property damage, and even against bodily harm. In the sections below, we have highlighted certain options some companies may provide.

Uber Eats

Uber Eats offers insurance coverage for its delivery drivers during specific phases of their work. It typically includes the following:

• Offline: Your own insurance coverage will apply.
• Online and waiting for a request: $50,000 per individual, $100,000 per accident for bodily harm, and $25,000 in property damage.
• Online and picking up or delivering food: At least $1,000,000 for property damage and injuries, coverage for costs of repairs to your car up to the actual cash value (with a $2,500 deductible), and first party coverages.

DoorDash

In case of a DoorDash accident, the company will cover up to $1 million in property damage or injury expenses to third parties during an active delivery. This is only applicable if the delivery driver accepted a request up until the order has been dropped off or canceled. It will not include coverage for the driver’s vehicle or personal injuries. They will need to use their own auto insurance policy for primary coverage for food delivery accidents.

GrubHub

As opposed to food delivery companies, like Uber Eats and DoorDash, GrubHub does not provide liability insurance to its drivers at all. This means that if you are working under the establishment and are involved in a car accident, you will, no matter the circumstance, be 100 percent liable for the damages you caused.

Can I Sue the Food Delivery Company?

You may have grounds to sue a food delivery company if you were in a car accident involving one of their drivers. Under vicarious liability, companies can be held responsible for any negligence caused by their workers while on the job. If the delivery driver was performing actions that were within their employment responsibilities during the crash, the company could be found accountable for the damages.

In addition, if the company negligently hired unsuited candidates or failed to train or supervise new delivery drivers properly, this could further support your claim. It is important to seek legal assistance from a Sacramento food delivery accident attorney to assess the details of your situation and determine what course of action should be taken.

How Long Do I Have to File a Claim?

In Sacramento, you will be given two years from the date of when the incident occurred to file a food delivery accident claim. Although it seems like enough time to fulfill your legal obligations, you should still consider acting quickly to ensure you find enough evidence and the right food delivery accident lawyer to represent you. If you delay this process, you could risk exceeding the deadline and will lose your opportunity to seek compensation.

Available Compensation for a Sacramento Food Delivery Accident Claim

Available compensation for a food delivery accident in Sacramento will vary depending on what unique challenges are involved in your case. The court will consider the following factors when calculating and distributing the settlement:

• The severity of your injury
• Current and future medical bills
• Lost income and earning capacity
• The degree of fault

If you would like to get an idea of how much you could be rewarded, feel free to use our personal injury settlement calculator to estimate potential compensation by inputting the expenses you incurred from the food delivery accident.

Generally, economic damages and non-economic damages may be granted. In rare cases, punitive damages may also be given.

Economic Damages

Economic damages are calculable financial expenses you sustained as a result of the crash, like:

• Property damage
• Medical expenses
• Lost wages

Non-Economic Damages

Non-economic damages are awarded for non-monetary losses that are deemed subjective by nature. This can include:

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

Punitive Damages

Punitive damages are meant to punish the wrongdoer and prevent similar actions from occurring in the future. In a food delivery accident, it may be presented if the defendant exhibited reckless, intentional, or grossly negligent behavior. But, they are not commonly awarded, and will require you to provide clear evidence of the defendant’s egregious conduct.

Our Sacramento Personal injury Attorneys Are Here to Help

If you were involved in a food delivery accident, you may be entitled to recover compensation against the responsible party. At West Coast Trial Lawyers, our Sacramento team specializes in handling personal injury cases, and are readily available to guide you through the legal process to ensure you are granted a favorable settlement. With over $1.6 billion in financial compensation recovered for our clients, our attorneys are confident that they can get the maximum compensation you deserve for your losses.  

To schedule a free consultation, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.