Woodland Hills Food Delivery Accident Lawyer

Food delivery services have become widely popular across cities in California, including Woodland Hills. As people favor the idea of having someone deliver food to their doorstep, food delivery has become a convenient experience, especially for those who don’t have enough time to do it themselves. Food delivery based apps such as Ubereats, Grubhub, DoorDash, and Postmates, have provided customers the means to order from a variety of restaurants within their areas and, as a result, the rate of food delivery accidents have dramatically risen and the chances of getting involved in a food delivery accident is more likely than one would think.

At West Coast Trial Lawyers, our team of personal injury attorneys are ready to take on your case and fight for your rights. With over 20 years of legal experience, we are a law firm that specialize in personal injury law and our law offices across California are available to help you with your case. No matter what kind of serious injury you have sustained in a food delivery accident, our dedicated team of attorneys are confident that they can get you the fair compensation you deserve for your losses.

We have recovered over $1.7 billion in financial compensation to our deserving clients and we continue to do our due diligence to ensure that they are properly represented in the California legal system. As accidents involving a food delivery service tend to take longer than standard car accident cases to process, if you have any questions or concerns regarding your case, our 24/7 team is available to address them in full detail.

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 and speedy service. 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 fleet of independent contractors in order to fulfill those orders in a timely manner.

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 an influx of delivery drivers on the road, there have been more car accidents on the road, but due to the driver’s independent contractor status, the process of making and filing accident claims have become more difficult.

Are Food Delivery Drivers Employees or Independent Contractors?

In California, people who work for app based companies like Uber Eats, Doordash, Postmates, and Grubhub are classified as independent contractors as per Proposition 22. In doing so, they do not receive a number of benefits that are commonly found in full time employees such as benefits, workers compensation, and an hourly wage.

In exchange for these benefits, they gain more freedom to operate at will and gain liability and health insurance after driving a certain amount of hours and this is initially designed in a way that meets labor laws and standards. 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, the coverage for Uber Eats liability insurance is completely dependent on a driver’s 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.

What Causes a Food Delivery Accident?

From what is commonly seen in Woodland Hills and the greater Los Angeles county, speeding, driver error, drowsy driving, and distracted driving are some of the most common causes of food delivery accidents. This is likely due to the fact that every delivery driver in the city must maintain their schedules in order to make ends meet and fulfill as many orders as possible.

As a result, drivers 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 as a point of reference when you file a personal injury claim.

Distracted Driving

Distracted driving refers to the act of doing miscellaneous activities while driving on the road. These activities include texting, talking on the phone, using your phone, eating, drinking, playing with the radio, and even talking to passengers in your vehicle. According to the NHTSA’s Put the Phone Away or Pay campaign, 8% of all fatal traffic accidents are caused by distracted drivers, and even a momentary glance at the phone can be more than enough to trigger a bad car accident.

For delivery drivers, it is extremely common for them to check phones for directions and to manage incoming orders, so the chances of drivers getting into an accident is more than likely than the average driver, because they are forced to do so as part of their jobs. While apps like DoorDash and Postmates encourage drivers to commit to safe driving practices, it can still happen in the heat of the moment and they can potentially be charged as a negligent driver in these cases,

Speeding

According to a motor vehicle safety issue report from the National Safety Council, speeding accidents have caused about 29% of all car accidents in 2022. Considering how food delivery drivers are expected to pick up and deliver food on time, they may feel compelled to speed in order to avoid getting bad reviews and increase their chances of getting bigger tips.

While the severity of an automobile accident caused by speeding is going to be dependent on the impact between two vehicles, most car accident victims tend to experience a variety of injuries from muscle pain to internal damage. With that in mind, it is highly recommended for injury victims to file a car accident case with an attorney in order to recover damages.

Driver Fatigue

Driver fatigue is referred to as a physical or mental exertion that impairs a driver’s performance when they are behind the wheel. Due to how our bodies require sleep in order to function, the effects and response times of drowsy driving have often been compared to drunk driving and as a result, is responsible for causing a variety of devastating motor vehicle accidents.

For app based delivery drivers, it is no secret that they have to work long hours during the busiest times of the day in order to make ends meet and in doing so, they become more susceptible to drowsy driving as time goes on. If these drivers are not careful, then they will likely become subjected to a series of charges should they cause an accident.

Driver Error

One of the most common causes of all traffic and pedestrian accidents, driver error is when a driver makes a mistake due to their recklessness or negligence. As negligent driving practices such as distracted driving, tailgating, aggressive driving, and failing to yield the right of way are all examples of driver error, simple mistakes such as accidentally misjudging the speed or distance is also considered to be a driver error.

Considering how food delivery drivers often rely on their GPS to help navigate them to new areas and neighborhoods, they can easily make a mistake that can lead to a traffic accident. Whether it is a sudden stop or an impromptu turn, these small errors can potentially cause a variety of serious injuries and whoever has caused the accident can be held liable for all damages.

Common Injuries in Food Delivery Accidents

Much like any traffic accident in Woodland Hills, there is sure to be a variety of injuries caused by the initial impact. Generally in traffic collisions, head and spinal cord injuries are some of the most common injuries found. 

Whether you are a delivery driver or a random driver, if you have suffered injuries in a food delivery accident, it is important to seek medical treatment as soon as possible to make sure you do not develop any long-term health complications in the future. In addition, should you choose to file an accident claim against the responsible party, it is important to familiarize yourself with these injuries so you can discuss these details with a personal injury attorney.

Head Injuries

Head injuries are defined as bumps and blows to the head as a result of a sudden impact. Depending on the severity of the injury, head injuries can be fatal but it entirely depends on whether the injury was a penetrating or non-penetrating injury. However, no matter what kind of injury a person or a delivery driver sustains, it is recommended to see a medical professional to remedy it. If you do not seek medical attention for your head injury, you risk the chances of suffering long-term health complications such as deteriorating physical and cognitive functions.

Spinal Cord Injuries

A spinal cord injury is referred to as damage onto the spine and the bundle of nerves that sends and receives signals from the brain. The National Institute of Neurological Disorders and Stroke has classified the spine as one of the most delicate parts of the body due its limited ability to absorb impact and force. As a result, anyone who suffers injuries to the spine can potentially experience permanent injuries such as paralysis and the loss of physical and organ functions. Depending on the severity of the accident, the victim would require extensive medical care and treatment in order to properly live their day-to-day lives, but it is important to mention that recovery takes a significant amount of time.

What Damages Are Available in a Food Delivery Accident?

From what is generally seen in food delivery accidents in Los Angeles county, economic and non-economic damages are available for victims who have been involved in these types of accidents. However, in rare circumstances where the accident was caused by severe recklessness or ill intent, punitive damages may also be available for accident victims and their family members.

Generally, in car accident cases, victims would be able recover one of these damages or a mixture depending on the nature and severity of the case, 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 they had to pay due to an accident. For example, medical bills, property damage, lost wages, physical therapy, any special medical treatment, and quality of life adjustments are things that can be compensated when a person has suffered serious injuries in a food delivery accident. 

This type of damages is one of the most common, due to the amount of the things that can be financially recovered for an accident victim and as such, it is important for victims to keep a detailed record of costs in order to be made financially whole again.

Non-Economic Damages

Non-economic damages are defined as incalculable losses designed to compensate accident victims for losses that are subjective by nature. Which means that the total value of non-economic damages will vary on a case-by-case basis. 

For example, pain and suffering, loss of enjoyment of life, and emotional distress are very subjective by nature and the severity of these will vary from person to person. Due to the subjective nature of these damages, there needs to be definitive proof that the accident in question has had a profound impact on accident victims for non-economic damages to be awarded.

Punitive Damages

Unlike economic and non-economic damages that award victims to make them financially whole, punitive damages are a form of damages that punishes the responsible party for their negligence and recklessness. This type of damages is typically rewarded in severe personal injury cases such as wrongful death cases and accidents where the victim has sustained catastrophic injuries. 

As a result, punitive damages are rarely issued and are only issued to either set legal precedence to deter any related accidents from happening in the future and to give the victim and their family a sense of closure and justice.

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

If you have been involved in a food delivery accident, it is recommended to file a claim as soon as possible, because all accident victims only have two years from the accident date to file a claim and recover compensation. If a claim is not filed within that time frame, then according to section 335.1 of California’s code of civil procedure, the statute of limitations comes into effect and the 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 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, carefully assess the situation in order to make the appropriate actions for the situation. If anybody is critically injured in the accident, it is vital that you call 911 and have first responders take control of the situation to prevent it from getting worse. If nobody requires any medical assistance, you can start exchanging contact information with everyone involved and start documenting the accident by taking photos and videos much like any other car accident.

Once you have documented the accident as much as possible, it is recommended to file a claim with your insurance company and have them open an investigation to confirm the details of the accident. If any complications occur or if you believe the opposing party is trying to shift the liability onto you, it is highly recommended to consult with an attorney and file a personal injury case with them to ensure that you recover compensation for your damages and hold those responsible accountable for their actions.

West Coast Trial Lawyers Is Here to Help

If you or a loved one were involved in a food delivery accident, it is imperative that you seek legal representation to ensure that you can recover damages and hold those responsible for their actions. At West Coast Trial Lawyers, our team of experienced attorneys are ready to take on your case and serve as your personal legal representative during this stressful time in your life.

We are a personal injury law firm with over 20 years of legal experience, and our dedicated team of attorneys understand how to navigate through the California court system. As a result, they are confident that they can get you the maximum compensation you deserve for your losses and hold those responsible for their actions.

We have recovered over $1.7 billion in financial compensation for our clients and we will continue to do our due diligence to give them proper legal representation and watch out for their best interest at heart. As determining liability in food delivery accidents is notorious for being complex and time consuming, our legal team is available 24/7 to answer any questions or concerns you may have regarding 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 Questions About Food Delivery Accidents in Woodland Hills

What Does a Food Delivery Accident Lawyer Do?

A food delivery accident lawyer will look at your case and create a plan of action that will ensure your chances of recovering compensation for your damages. With that in mind, accident lawyers will process and file all legal paperwork, guide you through the legal process, give you advice and layout all available options and negotiate with opposing counsel and the insurance company on your behalf. While hiring a lawyer is not mandatory for a personal injury lawsuit, 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?

Food delivery apps like Grubhub, Doordash, Postmates, and Uber Eats all have a third-party insurance coverage plan for their independent contractors should they ever get into an accident. While food delivery apps cannot be directly held liable for damages due to their driver’s independent contractor status, their liability insurance will tend to cover majority of if not all of the damages in an accident.

However, every delivery app will have varying coverage and will be 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.

How Much Do Accident Attorneys Charge in California?

Accident attorneys can charge in a variety of different ways, but most attorneys tend to operate under a contingency based system where they charge a flat fee for their services, only if they win or receive a settlement offer. Should either scenario happen, they can charge a fee that ranges from 25%-40%, but most tend to average around 33%.

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

The items that a delivery driver was transporting does not matter if they become involved in an accident. The only instance where that might become an issue is if the driver was directly interacting with the item and was the leading factor that caused the accident in question. Other than that, the main things to watch out for in an accident is the cause and scale of the accident and depending on the details, it is recommended to hire a personal injury attorney to help you with your case.