Santa Ana Food Delivery Accident Lawyer

Food delivery apps and services have become a staple of convenience for everyone over the past couple of years. Due to its accessibility and wide variety of options, anybody can order food from their favorite restaurant or a completely new spot at the tip of their fingers and it has completely popularized the service to every city in the country.

However, it also means that number of food delivery drivers have also increased, with app based companies like Uber Eats, Doordash, and Grubhub employing thousands of independent contractors to work at a moment’s notice, the chances of getting involved in a food delivery accident is more likely than one would think. If you were involved in a food delivery accident in Santa Ana or the larger Orange county area and need legal representation for your damages, it is recommended that you hire an attorney to take on your personal injury case.

At West Coast Trial Lawyers, our team of food delivery accident lawyers are here to help and are ready to fight for you. We are a law firm with over 20 years of legal experience and we specialize in personal injury cases such as vehicle accidents, rideshare accidents, and injury cases. Whether you have been involved in a serious food delivery accident or a complex accident with multiple parties, our team of attorneys 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 to our clients and we will continue to do our duty to guide our clients throughout the legal process. As food delivery accidents can be confusing to file and determine liability, our personal injury attorneys are available 24/7 to answer every question and 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 and categorized as either personal or commercial depending on what you are ordering. For app based delivery services such as Doordash, Uber Eats, Grubhub, and Postmates, they expanded these services for personal usage and limited the volume to cater to a single household. Meanwhile, commercial food delivery is geared towards transporting large volumes of meat, produce, and ingredients to restaurants and fast food chains.

With that in mind, if you get into an accident with a food delivery driver, the type of accident is going to be dependent on what kind of vehicle is involved. For instance, getting involved in an accident with a Uber Eats driver will categorize your personal injury case as a rideshare accident, and accidents that involve commercial vehicles will be categorized as truck accidents.

Are Food Delivery Drivers Employees or Independent Contractors?

Food delivery drivers who work for app based companies like Uber Eats and Doordash are classified as independent contractors as per Proposition 22, meanwhile, drivers for large commercial vehicles are classified as full time employees. As such, motor vehicle accidents with food delivery drivers can become complicated depending on who is involved because the insurance coverage for ridesharing companies and trucking companies are handled differently.

For instance, Uber Eats insurance coverage for their drivers is completely dependent on their trip status. Should an Uber 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 the Uber driver gets into an accident when they are trying to complete a trip, this coverage increases to $1,000,000 for property damage and injuries to riders and third parties involved.

On the other hand, truck accident victims would need to file a claim through their insurance provider and/or the trucking company’s insurance company. Depending on the nature and severity of the accident, an investigation will be conducted and liability and damages will be determined. However, insurance companies are notorious for taking their time and trying to minimize their losses by trying to shift responsibility onto the other. Should either scenario occur, it is important that you hire a full service law firm that specializes in personal injury law to handle your case.

What Are the Common Causes of Food Delivery Accidents?

From what is commonly seen in Santa Ana and the larger Orange county area, speeding, driver error, drunk driving, drowsy driving, defective parts, and weather conditions are some of the most common causes of food delivery accidents.

According to a census report from the United States Census Bureau, there are over 300,000 people residing in Santa Ana 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.

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, killing an estimated total of 12,151 people. While the severity of a speeding accident is dependent on the scale and the overall impact of a vehicle, 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.

Whether you are a truck driver trying to make their round of deliveries or an app-based driver trying to make ends meet, a speeding accident can be devastating and inflict a range of injuries. So if you have been involved in one, it is crucial that you seek medical attention immediately to ensure your chances of survival and prevent long-term health complications from developing.

Drunk Driving

The NHTSA has determined in a drunk driving overview report that about 32% of all traffic fatalities in the US has involved drunk drivers and in 2022 alone, about 13,524 people killed in drunk driving crashes. While most food delivery drivers are not driving under the influence, the chances of them getting hit by one is just as likely as anyone else on the road. As a result, any car accidents caused by a drunk driver will be held accountable for all sustained damages and injuries and depending on the severity of the accident, the responsible party may even be held for criminal charges.

Driver Fatigue

Driver fatigue is defined as a physical or mental exertion that impairs a driver’s performance when they are behind the wheel. Drowsy driving is often due to a lack of adequate sleep from working extended hours, strenuous activity, or a combination of other factors. It’s no secret that food delivery drivers often work long hours in some of the busiest times of the day to deliver their orders, and as a result, they are more susceptible to drowsy driving. While this may not be applicable to all delivery drivers, commercial and app based delivery drivers frequently encounter this problem on a daily basis and if they are not careful then it could result in a serious accident scene.

Driver Error

Driver error is often referred to as a mistake due to a driver’s recklessness or negligence when they are on the road. Negligent driving practices such as distracted driving, tailgating, aggressive driving, and failing to yield the right of way are all examples of driver error. Even accidentally misjudging the speed or distance when driving is a common case in most traffic accidents. Due to the simplicity of a driver’s error, this is one of the most common causes of food delivery accidents because it can happen to anybody out on the road.

Weather Conditions

According to the US Department of Transportation, there are over 5,891,000 vehicle crashes each year due to a variety of situations, however, approximately 21% is due to serious and severe weather conditions. Rainy days, slick roads, and heavy winds are some of the many examples that cause food delivery accidents in Santa Ana. Whether you are delivering for Postmates or for a restaurant supplier, bad weather can have a large impact in how you handle your deliveries. Typically, in these cases, it is heavily advised for drivers to be more attentive than usual and any accident that should arise will typically be at the fault of the driver.

Defective Parts

One of the rarer instances of a food delivery accident, a defective part/mechanical failure can be one of the most devastating accidents that could happen in food delivery, especially among commercial vehicles due to their size and the amount of materials they need to transport. In fact, according to a FMCSA causation report, roughly 10% of all truck accident cases were due to mechanical failures such as a defective tire or worn down brakes.

With that in mind, it is imperative for food delivery drivers to properly maintain their vehicles after a significant amount of deliveries. Should a food delivery accident happen due to mechanical failures, the mechanic who worked on your vehicle may be held accountable, however, if it happened due to vehicular neglect then the driver would be held responsible for all damages.

Who Is Liable in a Food Delivery Accident?

In food delivery accident cases, liability is determined by whoever has caused the accident in question. The cause of the accident can be correlated to the negligence or recklessness of one’s actions. Depending on the nature of the accident, the liability can be shared between the responsible and the victimized party.

According to California Civil Code 1431.2, if an accident victim is partially responsible for the incident, then 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.

What Kind of Damages Are Available in a Food Delivery Accident?

From what is generally seen in food delivery accidents in the Santa Ana area, economic and non-economic damages are generally available for accident victims. However, in rare circumstances that have involved severe injuries or a wrongful death, punitive damages may also be available for accident victims and their family members. So if you are filing a personal injury claim, it is important to understand what kind of damages you can recover so you have a better grasp of your case.

Economic

Economic damages are defined as calculable losses that can be recovered for a specific monetary value. They are designed to compensate and 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. However, it is important to note that there must be significant damages in a personal injury claim for economic damages to be recovered in court.

Non-Economic

Non-economic damages 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. Typically, non-economic damages are awarded in severe motor vehicle accidents, pedestrian accidents, bicycle accidents, and even food delivery and ridesharing accidents.

Punitive

Punitive damages are unlike economic and non-economic damages because it focuses on punishing the responsible party for their negligence and recklessness. It does not award accident victims any monetary compensation for their injuries but instead gives them justice and closure for what they have experienced. As such, punitive damages are typically rare and are reserved in personal injury cases such as wrongful death cases, vehicle accidents, and premises liability claims where the at-fault party has exhibited extreme recklessness and/or ill will in the situation. Additionally, the court may serve the at-fault party with punitive damages in order to set legal precedence and to deter any related crimes in the future.

How Much Compensation Can I Receive in a Food Delivery Accident?

The total compensation a person can receive in a food delivery accident will be dependent on the severity of the sustained injuries and the overall scale of the accident. For example, if a delivery driver has caused a car accident that has left you with severe injuries with long-term health complications and extensive medical bills, you would be eligible to receive compensation between the six to seven figure range. However, if you were partially responsible in causing the accident, then it could potentially affect the total awarded amount for your claim.

West Coast Trial Lawyers Is Here To Help

If you or a loved one were involved in a food delivery accident and have suffered a serious injury, then you may be eligible for financial compensation. As filing a personal injury claim can be a confusing experience for those who are not familiar with California law, hiring a personal injury attorney can not only speed up the time to file and process your claim, but they will ensure that all of your legal needs are satisfied.

At West Coast Trial Lawyers, our food delivery accident lawyers are ready to take on your case and represent you throughout this endeavor. We are a personal injury law firm with over 20 years of legal experience and we are confident that our attorneys can get you the fair 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 our clients throughout the legal process. No matter what kind of personal injury claim you have, our lawyers are well versed in California law and will fight to ensure that those responsible will be held accountable for their actions.

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.

Most Frequently Asked Questions About Food Delivery Accidents In Santa Ana

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

No, the items that a delivery driver was transporting does not matter in an accident. The main things that matter in food delivery accidents are the cause, who is involved, and the scale of the accident. Depending on the nature of the accident, you may be held liable if you were negligent in your actions, and if you need legal representation to prove so otherwise, it is recommended to hire a personal injury lawyer.

How Can a Food Delivery Accident Lawyer Help Me?

A food delivery accident lawyer can help provide you with legal advice and guidance throughout your case, negotiate with insurance companies on your behalf, and process all of the legal documents that are typically found in a personal injury case. While hiring a personal injury attorney is not mandatory for all personal injury accidents, it is recommended if you wish to recover damages and hold those responsible accountable for their actions.

Can Food Delivery Apps Be Held Liable for My Damages?

Much like ridesharing apps, food delivery apps like Grubhub, Doordash, and Uber Eats have a third-party insurance coverage plan for their independent contractors should they ever get into an accident while making a delivery. Each food delivery service app has their own liability coverage and is dependent on several factors. For example, Doordash covers $50,000 for bodily injury sustained by any one person in an accident, $100,000 for bodily injuries sustained by all people in an accident, and $25,000 for damage to or destruction of property in an accident.

Who Is Responsible for My Injuries in a Food Delivery Accident?

If you have suffered injuries in a food delivery accident, the liability will be on whoever has caused the accident in question. In more complex accidents caused by numerous parties, liability may be shared among multiple parties. If that is the case, it is important to hire a personal injury attorney to help determine liability as soon as possible especially if you have suffered serious injuries. As complex personal injury cases can take several months to potentially several years to settle, it is important to have legal representation to ensure that you won’t pay all of your medical bills out of pocket.

How Much Does a Food Delivery Accident Lawyer Cost?

Generally, personal injury lawyers operate under a contingency system which means they only get paid if they win their cases or receive a settlement offer from opposing counsel. Should either scenario happen, they would charge a contingency fee that ranges anywhere between 25% to 40%, however, most attorneys would average around a competitive rate of 33%. This is particularly useful for clients who cannot afford any upfront costs to hire a lawyer.