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San Bernardino Food Delivery Accident Attorney

Food delivery services have continued to gain popularity over the past few years due to its convenience. Although customers are granted the benefit of having food delivered at the comfort of their own home or in the workplace, it can be challenging for a delivery driver to create a schedule where they can meet requests in a timey manner. Oftentimes, this has influenced them to violate traffic laws to ensure they arrive at each location before or on the estimated arrival time.

This can be concerning, and especially dangerous, for drivers or pedestrians nearby. Reckless behavior can put the delivery driver and others at risk of getting into a serious or fatal accident. Those who have been put in an unfortunate position of crashing into such a driver can pursue legal action to recover compensation.

At West Coast Trial Lawyers, our skilled San Bernardino food delivery accident lawyers are readily available to assist victims. We will take a look at your case and determine what steps should be taken to ensure you get maximum compensation for the damages and injuries you endured as a result of the delivery driver’s negligence.

We run on a contingency-fee basis, meaning that you will not be charged with any legal fees until we win your case. To schedule a free consultation, we welcome you to contact us by calling (909) 787-2178 or completing our easy online contact form. We are available 24/7 to answer phone calls and form submissions.

Man in a car accident while delivering food in san bernardino

San Bernardino Food Tampering Laws

According to California Penal Code 347, people who intentionally or knowingly insert poisonous or harmful substances into food or drinks to hurt someone may be found guilty of a felony. The liable individual will receive a punishment of 2 to 5 years in prison. If the victim suffered severe or fatal injuries after consuming a contaminated food or beverage, the prison sentence may increase to an additional three years.

Common Causes of San Bernardino Food Delivery Accidents

There are various circumstances that may lead to a food delivery accident. The sections below will go over each one and how it can be prevented.

Distracted Driving

Distracted driving, like texting or making phone calls, could raise the risks of a food delivery accident. Even using a GPS could divert the driver’s attention away from the road. Although using a navigation system is a part of the job, it is encouraged for food delivery drivers to reduce the amount of times they look at the GPS. This primarily applies to those who are lost while trying to deliver orders to a particular address.

In cases like these, a food delivery driver can park at the side of the road or next to a curb to to take a look at what the GPS is showing them or to answer an important phone call or text message. Voice navigation is another ideal option to consider. This will allow food delivery drivers to listen to directions or text messages while out on the road.

Delivering Orders in a Hurry

Once a customer has purchased an online food order, an estimated time frame for delivery will be provided. This is also shared with the assigned driver, meaning that they will have to act quickly or else they could be at risk of getting a negative review. Under such circumstances, it could pressure them into delivering orders in a hurry, meaning that they could be triggered into speeding or violating other traffic laws to avoid arriving late to the customer’s address.

Getting Lost During the Delivery Process

Getting lost during the delivery process is common for food delivery drivers who are fairly new to the street or city they are in. This could cause them to rely too much on their GPS, which may tamper with their focus of the road. Not only that, but it is likely that they will make frequent sudden stops. This could confuse other vehicles, and ultimately lead to a rear-end accident.

To prevent this from happening, food delivery drivers should safely park in a nearby location and figure out where the customer is located without having to multitask.

Sudden Stops and Dangerous Turns

As previously stated, sudden or abrupt stops can occur during a food delivery trip. This can increase the chances of a rear-end accident. Dangerous turns are also another issue that can occur while a food delivery driver is trying to find a customer’s location. A side-impact or head-on accident is more than likely to occur in cases like this.

Food Delivery Accident Coverage in San Bernardino

Some food delivery companies, like Postmates, Uber Eats, and DoorDash, offer coverage for delivery drivers who are involved in an accident. Each of them provide different benefits that may help compensate for the expenses associated with this type of collision.


Postmates offers $1 million in excess liability to third-party claims only after the food delivery driver has exhausted their personal auto insurance coverage. Occupational accident insurance could also be used to cover medical costs or lost income up to the policy limits. The following are other benefits and protections food delivery drivers may receive under this insurance:

  • Accident medical expense: Up to $1,000,000 (with no deductible or copay).
  • Accidental death benefit: Up to $100,000.
  • Survivors benefit: Up to $100,000.
  • Continuous total disability: Up to $500 a week in on-demand service replacement earnings.
  • Temporary total disability: Up to $500 a week in on-demand services replacement earnings.
  • Accidental dismemberment: Up to $200,000.

Benefits may be reduced for survivors benefit, accidental dismemberment, or paralysis benefits if the food delivery driver is 65 or older.

uber eats driver in a car accident

Uber Eats

Food delivery drivers who are employed under Uber Eats may receive coverage depending on what they were doing prior to the crash.

  • Driving offline: You will need to contact your personal auto insurance company to get financial assistance with coverage costs pertaining to the damages you endured as a result of the food delivery accident.
  • Driving online : If you were involved in a food delivery accident while you were online and waiting for a ride request or had a passenger present in the vehicle, you may be granted third-liability insurance coverage to help compensate for the costs of injuries or damages you sustained. This includes the following:
    • $50,000 per individual,
    • $100,000 per accident for injuries, and
    • $25,000 in property damage per accident.


DoorDash may grant occupational accident insurance coverage to food delivery drivers who were involved in an accident while on the job. Benefits included in this policy are:

  • Medical bills: No more than $1,000,000 with no deductible or co-pay.
  • Disability payments: Up to an allowance of $500 per week (excluding other sources of income).

What to Do After an Accident Caused by a Food Delivery Driver

It can be difficult to focus on fulfilling certain steps after a food delivery accident. Although it is easier said than done, try to consider doing the actions mentioned in the sections below.

Share Details With the Food Delivery Driver

Be sure to exchange contact and insurance details with the delivery driver, and ask them what food delivery company they work for. You will need to report the incident over to them and provide them with proof that the person in charge of making the deliveries was acting recklessly on the road.

Collect Evidence

You should take photographs of your injury, damages, and the accident scene. You could also ask store managers or property owners for captured surveillance footage of the crash.

Do Not Admit Fault

You should not claim liability for a food delivery accident soon after it has occurred. Even if you were aware of the actions you committed, you do not know what the other party did to contribute to the crash. You should remain silent until all evidence and information has been presented. Failing to do so may cause you to lose compensation you could have been entitled to had you not confessed to the opposing side.

Witness Information

If any witnesses were around when the incident occurred, you should ask them for their name and contact information. Witness statements can greatly support a food delivery accident claim.

Seek Medical Attention

If you were injured in a food delivery accident, you should get examined as soon as possible. Your doctor will run some tests to check for any notable injuries that may require short- or long-term care. If a diagnosis has been made, you will be given a treatment plan to help with your recovery.

Your doctor visits, procedures, and/or prescriptions will all be saved on file and can be used as proof that you got injured from the food delivery accident and needed medical assistance to recover.

Hire a San Bernardino Food Delivery Accident Lawyer

A San Bernardino food delivery accident lawyer will assess your claim, explain what you could expect based on the evidence provided, and let you know whether you should move forward with the filing process. If they give you the green light to pursue legal action against the at fault party, they will guide you through each stage of the legal process to ensure you get the justice and compensation you deserve for your losses.

How to Determine Liability in a San Bernardino Food Delivery Accident

Determining liability in a San Bernardino food delivery accident would require evidence and the assistance of an experienced legal representative. After you present the information you collected to them, they will assess the situation and figure out who should take accountability for the injuries and/or damages you endured.

Since California is a comparative negligence state, all parties involved will be evaluated to learn who contributed to the accident and how much compensation should be owed if one or more parties violated the city’s traffic laws.

Compensation in a San Bernardino Food Delivery Accident

Compensation in a San Bernardino food delivery accident will vary based on the circumstances involved. In some cases, injuries and damages will be more or less severe compared to others, meaning that the damages granted will be different for each victim.

Typically, food delivery accident victims can be awarded the following compensatory damages:

  • Medical bills,
  • Property damage,
  • Lost wages,
  • Emotional distress, and
  • Pain and suffering.

Punitive damages could also be given, however, it is rarely done. You would need to prove that the food delivery driver acted extremely egregious by exhibiting malicious, intentional, or harmful behavior towards you.

Get Legal Assistance By Our San Bernardino Food Delivery Accident Lawyers

Were you involved in a food delivery accident with a negligent driver? You may be entitled to sue to recover damages. At West Coast Trial Lawyers, our skilled San Bernardino personal injury lawyers are available 24/7 to offer legal assistance. We will assess your case to determine who should be held liable for your losses and will aggressively pursue legal action against them to make sure you get fair and full compensation.

To schedule a free consultation, you may reach out to us by calling (909) 787-2178 or completing our quick online contact form.

More Resources For Food Delivery Accidents

Common Issues With Food Delivery Services That Can Cause Personal Injuries

Food Delivery Accident in a Personal Car

Food Delivery Drivers Insurance in California

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