San Francisco Food Delivery Accident Lawyer

San Francisco is home to hundreds of famous restaurants and culinary hot spots, and with the popularization of food delivery apps and services like Uber Eats, Postmates, Doordash, and Grubhub, many are given the chance to order their favorite meals right to their home. However, this also means that the number of food delivery drivers have increased in order to meet the ongoing demand. With so many drivers on the road, the chances of your food delivery driver getting into an accident is more likely than you think.

If you or a loved one has suffered serious injuries due to someone else’s negligence then you may be able to obtain compensation from the at-fault party. At West Coast Trial Lawyers, our team of accidents attorneys are ready to fight for you. With over 20 years of legal experience, our attorneys handle each case with the utmost care and respect that it deserves and they are confident that they can get you the maximum compensation you deserve for your losses.

We have recovered over $1.6 billion in financial compensation to our deserving clients and we will continue to do our duty to guide them throughout the legal process. Whether you have been involved in a car accident with a delivery driver or multi-car accident with multiple parties, our team of lawyers are readily available 24/7 to address any legal question or concern you may have regarding your case.

We run on a contingency-fee basis, meaning you pay no fees until you win. To schedule a FREE consultation, you can get in touch with us by calling us at (213) 927-3700 or by filling out our quick online contact form.

Defining Food Delivery Services

Food delivery service in the modern age is defined as app based deliveries from food delivery companies that focus on providing convenience. Companies such as Doordash, Uber Eats, Grubhub, and Postmates all provide their customers a means to get their favorite meals delivered to their home and they employ a number of independent contractors in order to fulfill those orders.

Even grocery delivery services such as Instacart and Shipt are adding their fair share of delivery drivers by offering their users a convenient way of acquiring groceries. With such an influx of delivery drivers on the road, there is without a doubt that there have been more car accidents on the road, but due to the driver’s independent contractor status it has made processing accident claims more difficult.

Are Food Delivery Drivers Employees or Independent Contractors?

In California, food delivery drivers who work for app based companies like Uber Eats, Doordash, Postmates, and Grubhub are classified as an independent contractor as per Proposition 22. However, this also means that the liability insurance for an independent contractor is going to be dependent on a number of factors that the food delivery company sets.

For example, Uber Eats insurance coverage for their drivers is completely dependent on their trip status. Should a food delivery driver get into an accident when they are just online, the company’s third party insurance policy will cover $50,000 per person, $100,000 per accident, and $25,000 in property damage. If any accident occurs when the food delivery driver is trying to complete a trip, this coverage increases to $1,000,000 for property damage and medical expenses to riders and third parties involved.

As such, motor vehicle accidents with food delivery drivers can become complicated depending on who is involved because the insurance coverage for ridesharing companies are handled differently than standard car accidents. Should you find yourself in an accident with a food delivery driver and wish to file a personal injury claim, it is important that you seek an experienced attorney who is well versed in the California court system.

Common Causes of a Food Delivery Accident

When it comes to determining the most common causes of food delivery accidents, driver errors such as distracted driving and speeding are the most prominent due to how likely it can happen to any driver on the road. According to a census report from the United States Census Bureau, there are over 850,000 people residing in San Francisco and considering how every delivery driver in the city must maintain their schedules, they might feel pressured to deliver their orders at the expense of driving recklessly or negligently. So if you have been involved in a food delivery accident, it is important to understand the differences between these causes for your personal injury lawyers.

Distracted Driving

Distracted driving is defined as any action or activity that takes your attention away when you are driving. Actions such as texting, eating, drinking, talking, and even looking at your phone’s GPS is considered to be distracted driving. According to the NHTSA’s Put the Phone Away or Pay campaign, 8% of all fatal traffic accidents are caused by distracted drivers. With that in mind, even a momentary glance at the phone can be enough to trigger an accident. So it is important that you keep your attention on the road or else you risk getting into an accident and becoming responsible for all the damages.

Speeding

The National Safety Council has reported in a motor vehicle safety issue report that speeding has caused about 29% of all car accidents in 2022, and considering the work that delivery drivers do, they may feel compelled to speed in order to avoid receiving negative reviews. While the severity of a speeding accident is dependent on the impact between two vehicles, they are one of the leading causes of traffic accidents due to the fact that a speeding accident can happen to anybody on the road.

Even if a delivery driver is properly following traffic rules, the chances of them getting hit by a negligent third party is just as likely. So whether you are an Uber Eats driver or another driver on the road, it is imperative that you follow all traffic rules to avoid getting into an accident and becoming responsible for all damages.

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

According to section 335.1 of California’s code of civil procedure, all personal injury claims such as food delivery accidents must be filed within two years after the accident date. If a claim is not filed within that time frame, the statute of limitation will be in effect and the victim will automatically waive their right to pursue compensation for the accident and any attempt to file a claim will be instantly dismissed in court. The only exception to the two year rule is unless the filing plaintiff is either a minor, in jail, legally insane, living out-of-state, or disabled. So unless these conditions are applicable to your case, then it is highly recommended that you pursue legal representation for your case.

What Damages Are Available in a Food Delivery Accident?

From what is generally seen in food delivery accidents in the San Francisco area, economic and non-economic damages are available for accident victims. Typically victims would be able to recover one or a mixture or both, however, it will be heavily dependent on the scale and severity of the accident in question. So if you are filing a claim with an attorney, it is recommended to familiarize yourself with how these damages differ from each other to serve as a point of reference.

Economic Damages

Economic damages are defined as calculable losses designed to financially restore accident victims for any unexpected costs that suddenly arise in an accident. For example, medical bills, property damage, lost wages, physical therapy, and quality of life adjustments are things that can be compensated when a person has suffered serious injuries in a food delivery accident.

Non-Economic Damages

Non-economic damages, on the other hand, are referred to as incalculable losses where the total value will vary on a case-by-case basis. For instance, pain and suffering, loss of enjoyment of life, and emotional distress are very subjective emotional injuries that can widely range from person to person in an accident. Due to the subjective nature of these damages, there needs to be proof that the accident in question has had a profound impact on accident victims for non-economic damages to be recovered.

Who Is Liable in a Food Delivery Accident?

In food delivery accident cases, liability is determined by whoever has caused the accident in question. Should the cause of the accident be correlated to the negligence or recklessness of one’s actions, then they can be held responsible for all damages and injuries that have occurred in the accident. However, if the victim was partially responsible for causing the accident, then according to California Civil Code 1431.2, their total awarded compensation will be reduced based on their actions in order to hold them accountable.

This allows the at-fault party some financial leeway in complex and catastrophic accidents and serves as a fair way to split responsibility among those who are accountable. However, if there are multiple parties involved in the accident and determining liability is proving to become a difficult and lengthy process, it is recommended to hire an attorney to help determine a responsible party.

What to Do When a Food Delivery Accident Occurs

If you have been involved in a food delivery accident it is important that you stay calm and carefully assess the situation so you accidentally make the situation worse. If the people involved are critically injured in an accident, it is vital that you call 911 and have first responders take care of them and have the accident scene under control. From there, you can start by carefully documenting the scene by taking pictures, videos, and witness statements from those around.

Should the police arrive and take control of the accident, you can ask for a copy of the police report at a later time. Once you have documented the accident as much as possible, it is important that you exchange contact information with those involved so you can file a claim with your insurance company. If there are any complications when you are filing a claim, it is recommended to hire an accident attorney so they can help you recover damages for any sudden expenses that may arise.

West Coast Trial Lawyers Is Here to Help

If you were involved in a food delivery accident due to the negligence of another individual, you may be eligible for fair compensation for your damages. As food delivery accidents are notoriously difficult to process with insurance companies and adjusters, it is important to hire a food delivery accident attorney who understands the ins and outs of liability coverage and insurance policies.

At West Coast Trial Lawyers, our team of food delivery accident attorneys are ready to become your personal representative during this stressful time in your life. We are a law firm that specializes in personal injury law and our lawyers handle each case with the care and respect that it deserves. With over 20 years of legal experience, they are confident that they can get you the financial compensation you deserve for your losses.

We have recovered over $1.6 billion in financial compensation for our clients and we will continue to do our duty and guide them throughout the legal process. As food delivery accidents can be a stressful and confusing time when you are trying to file a claim with your insurance company, our compassionate legal team understands this and is available 24/7 to answer any questions or concerns you may have about your case.

We run on a contingency-fee basis, meaning that you pay no fees until you win. To schedule a FREE consultation today, we welcome you to reach out to our 24/7 legal team by calling us at (213) 927-3700 or by completing our easy online contact form.

Frequently Asked Question About Food Delivery Accidents in San Francisco

How Much Do Accident Attorneys Charge in California?

The rate that accident attorneys charge will always be dependent on the attorney, but most accident attorneys tend to operate under a contingency system and charge a flat fee for their services. However, it is important to note, attorneys who operate under this system only get paid if they either win or receive a settlement offer from opposing counsel. Should they achieve either scenario, then they can charge a fee that ranges from 25%-40%, but most tend to average around 33%.

How Can a Food Delivery Accident Lawyer Help Me?

A food delivery accident lawyer can help you process your claim, negotiate with opposing counsel and insurance companies on your behalf, and give you guidance and legal advice to ensure your chances of receiving compensation for your damages. If you are unsure whether you want to hire an accident attorney for your case, many of them offer a free case evaluation so you can have a better understanding of what kind of case you may have.

Does It Matter What the Delivery Driver Was Delivering at the Time of the Accident?

It does not matter what the delivery driver was transporting at the time of the accident, the instances where that would matter is unless they were actively using or touching it when they were driving or if they were carrying something illegal in the vehicle. Unless those conditions are met at the time of the accident, then the only thing that matters is the cause of the accident and how much damage was done.