Food delivery services are popular in San Bernardino as it provides users with convenience to purchase your desired meal or drink of choice with a few simple taps. People often rely on apps to place orders from local favorites in neighborhoods like Downtown, Highland, and Rancho Cucamonga. With delivery drivers traveling on busy roads, including E- Street, Baseline Road, and the I-10 and I-215 highways, the risk of a collision may increase.
When a crash happens, determining liability can be difficult. It is important for affected individuals to act quickly, document the scene, and consult with a legal expert for guidance. At West Coast Trial Lawyers, our San Bernardino food delivery accident lawyers have over 20 years of experience handling personal injury cases and a proven track record of achieving client satisfaction. Our legal team is prepared to handle these matters and challenge insurers to protect your rights and get you the best possible outcome.
Our law firm operates under a contingency-fee basis, meaning you do not owe us anything unless we win your case. To set up a FREE consultation, you can connect with us by calling (213) 927-3700 or completing our convenient online contact form.
What Are the Risks of Being a Delivery Driver?
Being a delivery driver comes with risks. One of the most notable dangers is the exposure to heavy traffic. Since delivery drivers spend a long time on the road, especially while under time pressure traveling in unfamiliar areas, they can come across a higher possibility of collisions compared to a regular driver. Fatigue and distracted driving are also concerning factors that are involved with this occupation.
Physical risks should also be considered. Drivers who carry heavy packages, and walk up stairs or in long distances can heighten the probability of sustaining serious injuries and ongoing stress-related issues. In some neighborhoods, they may deal with dangerous environments that have reports of theft, assaults, or even dog attacks. On top of that, poor weather conditions can affect their driving ability and potentially trigger a delivery accident, along with bodily injury.
Are Food Delivery Drivers Independent Contractors?
Most food delivery drivers are classified as independent contractors. This means that they will not receive protections that employees are typically granted. For instance, they do not get guaranteed minimum wage, overtime pay, or workers’ compensation. If they are injured in an accident while making a delivery, they may not have access to employer-provided medical benefits or wage replacement costs.
Common Causes of Food Delivery Accidents
Food delivery accidents can happen due to various reasons. One of the biggest is rushed driving. Drivers are often put under pressure to fulfill orders quickly, influencing them to speed, roll through stop signs, make unsafe lane changes, and fail to comply with traffic laws. Combine that with unfamiliar neighborhoods and mistakes are more likely to occur.
Distracted driving is another notable factor. Delivery drivers heavily rely on apps for navigation and order updates. Constantly looking over a cell phone or adjusting navigation systems can take their attention away from the road, raising the risk of collisions. This is also considered a violation to California Vehicle Code §§ 2123 and 2123.5. Drivers who are found using a wireless telephone or are holding and operating an electronic wireless communications device will be subject to penalties.
Long hours on the road also followed by fatigue is another possibility. In this case, slow reaction times and impaired judgment are presented. Mix this with late-night shifts, this can make drowsy driving turn into a serious hazard. According to the Centers of Disease Control and Prevention (CDC), being awake for 17 hours is similar to having a blood alcohol concentration (BAC) of 0.05% whereas 24 hours is close to having a BAC of 0.10%.
And lastly, poor vehicle maintenance. Delivery drivers put more mileage on their cars compared to an average motorist. This can trigger issues down the line, like worn brakes or faulty lights if the vehicle is not being properly taken care of.
Who Can Be Held Liable in a Delivery Crash?
To determine liability in a delivery crash, it is important to consider all responsible parties. If the delivery driver was using their personal vehicle and triggered the collision, coverage will apply depending on their status at the time of impact. Other possible liable parties include the delivery company (failing to properly hire or supervise the driver), other motorists, and government entities.
To prove negligence, you will need to demonstrate that the defendant owed you a duty of care, they failed to uphold that duty, their breach caused your injury, and you suffered actual harm (medical bills and pain and suffering).
In California, the pure comparative negligence rule will apply when it comes to motor vehicle accidents. This means compensation will be distributed according to percentage of fault. If you are 20% liable, your pay will be adjusted accordingly, meaning you would receive about 80% of the total damages.
Insurance Protection for Food Delivery Drivers
Below, we have provided an overview of insurance protection provided by certain food delivery companies, including Uber Eats and DoorDash:
- Offline: Your personal auto insurance will apply.
- Online and available: Third-party liability insurance will apply to injuries or damages in at least the following: $50,000 per individual, $100,000 per accident, and $25,000 in property damage. Hit-and run accidents or collisions caused by an uninsured or underinsured driver is also included. In addition to these, you may also receive personal injury protection (PIP) and medical payments coverage. Both of these are provided regardless of fault.
- Online and en route or on a trip: If the delivery driver was making an active delivery, insurance will cover at least $1,000,000 for property damage and injuries where you are at fault. Repair costs may also apply, up to the actual cash value (with a $2,500 deductible) contingent on your comprehensive and collision coverage.
In some cases, occupational accident insurance may be provided as additional protection.
What to Do After a Food Delivery Driver Hits You
If you are hit by a food delivery driver, especially at popular routes, like Baseline Road or near the Inland Center Mall, you should try to act quickly to protect your safety and legal rights. First, be sure to seek medical attention as soon as possible, even if your injuries appear minor. A medical professional can properly evaluate your condition and form an early diagnosis. Some injuries may not be obvious, so timely care is important. You should remain consistent with medical treatment to improve your quality of life.
Next, you should collect evidence at the scene. Try to take pictures of your injuries, damages, and the surrounding conditions. You could also secure surveillance footage that captured the impact. Do not forget to collect specific details from the delivery driver, such as their contact, insurance, and vehicle information. Speak to witnesses and get their name and phone numbers, as well.
You should report the food delivery accident to local law enforcement and request a copy of the police report as this can help with insurance and legal claims. It would also be ideal to consult with a San Bernardino personal injury attorney for insight into matters pertaining to your case. They will evaluate your situation, pinpoint the at fault party, and seek legal action.
An experienced attorney can help navigate insurance gaps and work diligently to secure fair compensation for your medical bills, lost wages, and property damage. You should avoid giving recorded statements or accept settlement offers without having one on your side. If you choose to do this without legal representation, you could risk making mistakes that could affect your chances of obtaining full financial recovery.
Compensation Available After a Food Delivery Accident
After a food delivery accident, you may obtain economic and non-economic damages for the losses you incurred, including medical expenses (hospital bills and ongoing medical treatment), lost wages (injuries prevented you from working), as well as emotional suffering (stress and trauma). The value of your accident case will widely depend on the extent of your injury, along with the level of negligence you contributed. Ongoing medical costs and lost wages and earning capacity will also be considered.
To learn what you could be entitled to, you can input the losses you endured due to the food delivery accident into our personal injury settlement calculator.
How a Lawyer Can Help With a Food Delivery Crash Claim
If you were involved in a food delivery accident, having experienced legal representation can make a big difference with the outcome of your case. A lawyer can help you every step of the way, gathering evidence, documenting your injuries, and identifying the at fault party. These tasks can help improve your chances to recover compensation for losses you sustained as a result of someone else’s negligence.
Without professional guidance, you could surpass legal deadlines or make mistakes that could be detrimental to your food delivery accident case. With the right lawyer on your side, you can focus on healing with a peace of mind knowing your rights are being fully protected. With the right lawyer on your side, you can focus on recovering with a peace of mind knowing your rights are being fully protected.
Injured in a Food Delivery Accident? West Coast Trial Lawyers Is Here to Help
Food delivery accident victims who have experienced a range of bodily harm, from minor bruises to severe injuries, are eligible to recover compensation. At West Coast Trial Lawyers, our team of excellent lawyers are readily available to hold the accountable party responsible and increase your likelihood of recovering a fair settlement for the losses you incurred.
To book a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our quick online contact form.
