Valencia Food Delivery Accident Lawyer

Food delivery services, like Uber Eats and DoorDash, continue to increase in popularity due to convenience and accessibility. Users are given a wide range of restaurant options to choose from to select and purchase food without the need to get it themselves. Although this approach offers several benefits, there are some downsides involved that mostly affect delivery drivers.

With an overflow of requests made each day, more drivers are seen on the roads fulfilling orders in cars, motorcycles, and bicycles. Those who are determined to do this on a consistent basis are more likely to experience a crash, especially if they are overworking themselves or are navigating their way through a new city. The outcome can result in minor or serious injuries depending on the severity of the impact.

Accident victims who are met with negligent food delivery drivers can file a lawsuit to recover compensation. At West Coast Trial Lawyers, our Valencia personal injury lawyers have over 20 years of experience in the legal field, and can handle a variety of cases.

We understand that food deliveries can lead to a car accident, motorcycle accident, or even a bicycle accident. Since we specialize in personal injury, we are well-equipped with the knowledge of handling transportation-related collisions. No matter the type, we are here to navigate you through the legal process.

Our team runs on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our easy online contact form.

Common Causes of Food Delivery Accidents

Food delivery accidents can happen due to various reasons, often involving driver negligence and unfamiliarity with new roads.

Let’s explore further below.

Delivery Driver Negligence

Food delivery drivers are required to meet deadlines to avoid receiving negative reviews by customers. To ensure they arrive in a timely manner, some may feel pressured to speed or ignore stop signs or red lights. This, in turn, can create dangerous conditions for not only the food delivery driver, but other road users, as well.

In addition, if a food delivery driver is working long hours, they may feel fatigued during trips. Under this circumstance, it is likely that they could gradually get tired and lose focus of their surroundings. Or, they may gradually fall asleep behind the wheel. Either of these scenarios can ultimately contribute to a collision.

Road Unfamiliarity

Food delivery drivers who are unfamiliar with the roads they are traveling on could miss turns or exits, leading them to make abrupt movements to adjust their path. Not knowing local traffic patterns could also make it difficult to understand where the one-way streets or high-traffic intersections are, thus increasing the likelihood of errors.

Common Injuries

Common injuries in a food delivery accident can range from minor to severe depending on the intensity of the impact. Some include the following:

• Broken bones
• Spinal cord injuries
• Traumatic brain injury
• Soft tissue injuries
• Internal injuries

Are Food Delivery Drivers Employees or Independent Contractors?

In California, food delivery drivers are independent contractors. Individuals working under certain companies are given flexible hours. However, they are not granted benefits, such as health insurance or paid time off. In addition, they are responsible for their own vehicle maintenance and other work-related expenses.

This regulation is known as Proposition 22, and was passed in November 2020. After this was approved, legal complications were presented. In 2021, a California judge ruled that it was unconstitutional, arguing that it took away the legislature’s power to regulate workers’ compensation laws.

Although labor unions and app-based drivers challenged the proposition, the California Supreme Court upheld it, determining that it did not go against the legislature’s authority to regulate workers’ compensation.

Food Delivery Insurance Coverage

Some food delivery companies offer coverage to drivers depending on what they were doing moments before the crash. Let’s take a look at each phase.

Period 0

During this period, the food delivery driver is using the vehicle to complete personal tasks prior to the collision. Typically, their own personal auto coverage will need to be used to pay for damages. This must meet the state’s minimum requirements for liability insurance.

Period 1

This period starts when the food delivery driver is online and waiting for a request. Some companies, like Uber Eats and DoorDash, will cover the cost of injuries or damages in at least the following amounts:

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

Period 2 and 3

If an accident happens while the food delivery driver is on the way to pick up the order or en route to drop it off, coverage will include:

• At least $1,000,000 for property damage and injuries to riders and third parties if you were at-fault. Coverage may also include repair costs up to the actual cash value of the vehicle with a $2,500 deductible. This may only apply if a delivery driver has comprehensive and collision coverage on their personal auto insurance policy (Uber Eats).
• $1 million combined (DoorDash).

What to Do After a Food Delivery Accident

After a food delivery accident, it is important to consider the following steps to address health or legal concerns effectively.

Contact Local Authorities

If you notice any injuries or damages after the food delivery accident, contact local authorities. They will arrive at the scene and create a written report. Paramedics may also show up to administer medical treatment to injured parties.

Exchange Information

Be sure to exchange contact, insurance, and vehicle information with all parties involved. Do not forget to also ask for the name of the food delivery company the driver works for. 

Seek Medical Attention

You should seek immediate medical attention after the food delivery accident, even if it is minor. Hidden or internal injuries may go unnoticed, and can progressively develop into a worse condition over time, especially if left untreated.

With this in mind, it is important to get yourself properly evaluated by a medical professional. Any notable concerns detected will be documented and saved on file. You may also be presented with a care plan to help with your recovery.

Gather Evidence

To develop a strong claim, you should try to acquire the following evidence:

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

Consult with a Valencia Food Delivery Accident Attorney

A Valencia food delivery accident attorney can help you understand what to expect if you choose to pursue compensation against the responsible party. At West Coast Trial Lawyers, we provide many benefits to ease the legal process. This includes the following:

• Explain what rights and options you have available
• Negotiate with insurance companies on your behalf
• Gather evidence to help strengthen your personal injury case
• Legal representation in court, if needed
• Get you the compensation you deserve for your losses

We will make sure your case is in good hands, giving you the support and guidance needed to move forward.

Are Delivery Drivers Responsible for Damages?

Delivery drivers are generally responsible for damages they caused when fulfilling order requests. Coverage will vary depending on whether active deliveries were being made moments before the crash. If the driver was completing personal tasks, full responsibility to compensate for the damages will fall on their auto insurance policy.

It is encouraged for delivery drivers to understand what policies are established under the company they work for and how their insurance coverage works to avoid unexpected liabilities.

Available Damages in a Food Delivery Accident

Damages available in a food delivery accident will differ based on what unique circumstances are involved. The following factors will be considered when calculating and distributing compensation:

• The extent of your injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

To get an estimate of what you could be entitled to, you can use our personal injury settlement calculator by entering in the expenses you incurred in the aftermath of the food delivery accident.

Generally, compensatory damages are given. This is divided into two separate categories: economic damages and non-economic damages.

Economic Damages

Economic damages are measurable financial expenses you sustained, like:

• Medical expenses
• Lost income
• Property damage

Non-Economic Damages

Non-economic damages are subjective, non-monetary losses, such as:

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

Schedule a FREE consultation with West Coast Trial Lawyers Today

Food delivery accident victims are given the right to sue the liable party to recover damages. At West Coast Trial Lawyers, our knowledgeable Valencia personal injury lawyers are readily available to assist. We will evaluate the information provided and determine what necessary steps should be taken to ensure you are granted a fair settlement.

We provide legal services in multiple locations throughout Los Angeles County, including Valencia. To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.