San Jose Food Delivery Accident Lawyer

Food delivery companies, like Grubhub, Uber Eats, and DoorDash, offer convenience and easy accessibility to purchase food without having to leave the house. Although it offers many benefits to users, it does come with some downsides that should not be overlooked.

Food delivery services have gained popularity and demand over the years, which has influenced more delivery drivers to be on the road. But, as that number increases, so do the risks of accidents. With San Jose being the third most populated city in California, heavy traffic is occasionally expected. Considering the high volume of motorists sharing the road, a collision is bound to occur.

If you have been injured in a food delivery accident, you may encounter not just physical pain, but emotional and financial burdens, as well. But, if the crash was caused by a negligent individual or entity, you can file a food delivery accident claim against the at-fault party to seek compensation. This important step can help get you back on your feet.

At West Coast Trial Lawyers, our San Jose food delivery accident lawyers are readily available to assist. We are here to take on the legal challenges associated with your lawsuit so you can focus on your recovery, providing the support and guidance needed to pursue a fair settlement.

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

Common Causes of Food Delivery Accidents

Much like car accidents, there are multiple circumstances that can contribute to a food delivery accident. With that in mind, it is important to understand some of the most common causes in order to help promote safer driving practices and help identify who is liable for damages in the event of an accident.

Distracted Driving

Food delivery drivers are required to use electronic devices to navigate their way throughout the city when fulfilling orders. Although using such equipment is necessary for the role, it can also provoke distracted driving. While food delivery drivers are constantly checking their phones for directions, incoming orders, or delivery updates, they are losing focus from driving. Even a few seconds can distract you enough to miss a stop sign or fail to notice a pedestrian crossing the street. 

Fatigue

Food delivery drivers are given their own flexible schedules to decide when to work. But, some may overwork themselves and develop fatigue. This often triggers a driver to experience slower reflexes, which can make it difficult for them to react promptly to unexpected road situations. Dealing with a problem like this could also make it harder for a food delivery driver to focus on their surroundings, and can influence them to overlook traffic signs and signals. Those driving in such a state are at a high risk of getting into a food delivery accident and can be held liable for any serious damages.

Road Unfamiliarity

Food delivery drivers often travel great lengths to pick up or drop off orders, and as a result, this takes them to areas that they are unfamiliar with. This can raise some issues that can lead to:

• Sharp turns
• Missed exits
• Wrong-way driving
• Hard braking
• Abrupt lane changes

Doing any of the actions listed above can put a food delivery driver and other parties at risk of a collision.

Injuries Commonly Seen in Food Delivery Accidents

Food delivery drivers are often faced with unfamiliar routes and tight deadlines. Unfortunately, these factors can pressure them into performing negligent activities that can ultimately lead to accidents, resulting in various forms of bodily harm that can range from severe to life-threatening.

Below are some common injuries that may emerge after such a crash:

• Broken bones
• Cuts and bruises
• Spinal cord injuries
• Head injuries
• Internal injuries

Food Delivery Accident Insurance Coverage

Many food delivery drivers rely on auto insurance to protect themselves when fulfilling order requests. While navigating through busy streets, the likelihood of car accidents can greatly increase, but food delivery accident insurance offers essential protection that fills in the gaps with personal auto insurance policies. This ensures that food delivery drivers are protected in the event of a collision. However, it is important to note that the specifics of each policy will vary, because some food delivery companies offer more comprehensive insurance coverage for their drivers than others. 

DoorDash

DoorDash provides third-party car insurance coverage for drivers while they are online. This includes the following:

• $25,000 for property damage
• $50,000 for uninsured motorists
• $50,000 for underinsured motorists

They also provide personal injury protection (PIP). Food delivery drivers are required to have their own primary auto insurance with minimum limits under California law. If damages go past the driver’s policy, DoorDash’s contingent liability of $1 million may become effective. This may only apply if the driver was completing an order request.

Uber Eats

Uber Eats drivers that are online and available for a trip are given third-party liability insurance to help cover the costs of injuries or damages in at least the following:

• $50,000 per individual
• $100,000 per accident for injuries
• $25,000 in property damage per accident

Comprehensive insurance may apply if an Uber Eats driver is en route or on a trip. This includes:

• A minimum of $1,000,000 for property damage and injuries to riders and third-parties involved in a collision that you are at fault for
• Insurance that covers repair costs up to the actual cash value (with a $2,500 deductible)
• Extra comprehensive and collision coverage only if you carry both on your personal auto insurance policy

Grubhub

Grubhub does not provide commercial auto insurance coverage, but does give occupational accident insurance at no cost. Food delivery drivers may receive coverage for medical expenses and lost income for injuries that occurred when deliveries were being made.

Steps to Take After a Food Delivery Accident

Knowing what steps to take after a food delivery accident is crucial. In the sections below, we will go over what you should do in the aftermath of such an event to help you navigate yourself effectively throughout the process.

Call 911

If any injuries or damages are present, you should contact 911 for emergency assistance. Once the police arrive at the accident scene, they will create a written report. You can request a copy of the document to use as proof if you are planning on filing a food delivery accident claim.

Seek Medical Attention

Be sure to seek immediate medical attention soon after the food delivery accident. Your doctor will assess the affected area by performing imaging exams to determine an accurate diagnosis. Once you have been informed about your condition, you will be given a treatment plan to help with your recovery. Documents pertaining to doctor visits, medical prescriptions, or surgical procedures will be saved on file and can be used as proof in your lawsuit.

Gather Evidence

Try to collect the following evidence:

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

Exchange Information

Do not forget to share the following details after the food delivery accident:

• Name, number, and address
• Insurance company name and policy number
• Make, model, color, and license plate number of the vehicle
• Driver’s license
• Delivery platform

Consult With a San Jose Food Delivery Accident Lawyer

Speaking with a San Jose food delivery accident lawyer can greatly benefit you if you have been harmed as a result of someone else’s negligence. At West Coast Trial Lawyers, our team will:

• Evaluate your case
• Explain your rights
• Identify the liable party
• Negotiate on your behalf
• Help develop a strong personal injury claim

We will take on any legal complexities that are presented to ease your stress during recovery.

Is a Food Delivery Driver an Employee or Independent Contractor?

In California, food delivery drivers are classified as independent contractors. This was initiated under Proposition 22, which was passed by voters in 2020.

According to this regulation, drivers who work for food delivery companies, like DoorDash, Uber Eats, or Grubhub, are independent contractors. This allows them to maintain a flexible schedule, meaning they could choose their own hours and what requests to accept.

Prop 22 offers a few benefits to food delivery drivers, including:

• Minimum earnings level
• Mileage reimbursement
• Limited healthcare subsidies

But, these are less comprehensive compared to those given to full employees. Since food delivery drivers are not given the same protections as employees, they are not entitled to:

• Overtime
• Paid time off
• Unemployment insurance

A food delivery driver’s employment status still remains under legal dispute. In 2021, Prop 22 was ruled unconstitutional by a California court. However, appeals are still happening. This could potentially lead to adjustments with the classification rules for food delivery drivers depending on what final decisions are made by the court in the future.

Liability for Food Delivery Accidents

Determining liability in a food delivery accident can be challenging. You will need to acquire as much evidence as you can, and can share your findings with a San Jose food delivery accident lawyer. At West Coast Trial Lawyers, our legal team can review the information provided to identify the responsible party. Our team will proceed to develop a strong food delivery accident claim against the opposing side with the goal of acquiring maximum compensation on your behalf.

Potential Defendants in a Food Delivery Accident Case

Possible defendants will vary depending on the circumstances involved in a food delivery accident case.

Food Delivery Driver

If the food delivery driver exhibited reckless behavior moments before the collision, they can be held liable for damages you incurred. This includes the following types of negligence:

• Speeding
• Distracted driving
• Impaired driving

Other Driver

If an irresponsible driver caused the food delivery accident, they will face legal repercussions. Penalties will differ based on the severity of the crash and the nature of the accident.

Food Delivery Company

The food delivery company that hired the driver can be found accountable if the driver performed work-related duties as part of their job. This is classified as “vicarious liability.”

Vicarious liability is a legal doctrine that holds employers liable for careless conduct exhibited by a worker while they were fulfilling tasks within the scope of their employment. This means that if the worker caused another individual to get injured while performing their job responsibilities, the employer can be held responsible for those actions.

But, it is not as straightforward as it may seem. It is quite rare for these particular companies to face legal consequences for their drivers’ actions since they are classified as independent contractors. Although it is possible to pursue compensation against a food delivery company, it is not as common and often depends on several factors. 

Third-Party Vehicle Owners

If the food delivery driver was operating a rented or borrowed vehicle with performance issues, the vehicle owner or rental company could be at fault for the accident.

Do I Have a Case if I Get Food Poisoning From a Restaurant?

You could possibly have a case if you get food poisoning from a restaurant. But, it will depend on the following factors:

• You will need to prove that the food from the restaurant triggered your illness by collecting medical records, receipts, and lab results that indicate how your symptoms are linked to food contamination.
• Mild food poisoning can likely result in less compensation. But, under serious circumstances, like hospitalizations or costly medical bills, it could bring on a stronger case.
• Evidence must prove that the restaurant acted negligently by failing to comply with proper hygiene standards or incorrectly storing food.
• If other guests experienced food poisoning from the same restaurant, it could help strengthen your claim.

It is encouraged to consult with a San Jose personal injury lawyer for legal assistance. They will determine whether you have a case on your hands. If so, they will guide you through the full process to ensure you get the best outcome possible.

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

In California, you are given two years from the date of when the incident occurred to file a claim. If you are taking legal action against a government entity, you will be given within six months of the collision to initiate your lawsuit. Be sure to act quickly to make sure you have enough evidence and the right San Jose food delivery accident lawyer to protect your rights.

Failing to fulfill these legal obligations in a timely manner could put you at risk of exceeding the deadline, and if that does happen, you will no longer be given the opportunity to seek compensation.

What Damages Are Available in a San Jose Food Delivery Accident?

If you were involved in a food delivery accident, you may be given the right to recover damages. The settlement value will differ depending on what unique challenges were present at the scene. Some factors that will be considered when calculating and distributing compensation include the following:

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

In most cases, victims can recover economic or non-economic damages or even a combination of both, but it will be dependent on the severity of the accident. If you would like to know what you could be awarded in a food delivery accident case, you can use our personal injury settlement calculator by inputting the expenses you incurred from the incident to get an estimate.

Economic Damages

Economic damages are calculable financial costs you sustained after the impact. This includes:

• Medical expenses
• Lost wages
• Property damage

Non-Economic Damages

Non-economic damages are subjective intangible losses, such as:

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

Our San Jose Food Delivery Accident Lawyers Are Here to Help

If you were involved in a car accident with a negligent food delivery driver, you may be given the right to file a claim against them to seek compensation. At West Coast Trial Lawyers, we specialize in handling personal injury-related matters. Our San Jose team is dedicated to help clients recover full compensation and regain stability after such a collision.

To schedule a FREE consultation with a personal injury attorney, you can get in touch with our 24/7 legal team by calling (213) 927-3700 or completing our convenient online contact form.