FOOD DELIVERY ACCIDENT ATTORNEY
Important Steps You Should Consider Taking After a Food Delivery Accident in California
Food delivery services have gained mass popularity throughout many cities across California. As food delivery services continue to receive high demand, more and more delivery drivers are being hired to fulfill order requests. Although these services benefit the customers, delivery drivers are often left with the pressure of picking up and dropping off orders on time. Many of them may be influenced to perform unlawful actions, such as speeding or ignoring traffic laws, to keep up with their schedules. As acts of negligence are committed, chances of getting into a food delivery accident become much more likely.
Victims of a food delivery accident are welcomed to contact our qualified California food delivery accident attorneys at West Coast Trial Lawyers. We will offer legal assistance to make sure you are given a fair settlement offer that will cover your damages. With our track record of recovering more than $1 billion in settlements for our clients, we are confident that we will deliver a good outcome to your case.
To schedule a free consultation, please contact our 24/7 legal team by calling 888-407-7969 or filling out our quick contact form.
What to Do After a Food Delivery Accident in California
After getting into an accident with a food delivery driver, you may be wondering what the next steps should be to successfully pursue legal actions against the party at-fault. Any decisions you make after the incident can greatly affect the outcome of your case. Below, we have created a list of essential steps you should consider taking to increase your chances of acquiring a fair settlement offer.
- Call 911, if necessary. If you notice any injuries or damages, you should contact the police immediately. They will arrive at the scene of the accident and conduct an official police report. You may request a copy of this report to use as a piece of evidence for your personal injury claim. Paramedics may also arrive to provide medical attention to injured parties.
- Exchange information with the other party. Make sure to obtain their driver’s license details, license plate number, vehicle model, contact information, and insurance information.
- Gather evidence. You should take photos and/or video footage of any injuries or damages you sustained from the food delivery accident. Furthermore, you should also capture proof of where the food delivery accident took place and how the road conditions appeared.
- Collect witness information. If you notice any witnesses nearby, you should ask for their consent to obtain their contact information. Remember, witness testimonies can greatly support your personal injury claim.
- Visit a doctor. It is encouraged for those involved in an accident to get examined by a doctor. You might have suffered from an injury that could gradually worsen over time if not treated earlier on. All visits connected to the food delivery accident will be saved on file and can be used as evidence to include in your personal injury claim.
- Hire an expert California food delivery accident attorney. Your attorney will help strengthen your personal injury claim and negotiate with insurance companies to ensure you are given the compensation you deserve.
Are Food Delivery Drivers Employees or Independent Contractors?
When Assembly Bill 5 (AB5) passed in September of 2019, food delivery drivers were classified as employees, meaning that any unlawful actions committed by the delivery driver will hold the company accountable for damages. Furthermore, employee benefits, such as minimum wage, sick pay, and workers’ compensation, were also provided.
However, in-app services, such as Uber and Lyft, were not satisfied with the passing of this new law. This led to the establishment of Proposition 22. Other in-app services, such as DoorDash and Postmates, showed their support over this initiative ballot. Over $200 million were donated to this campaign, which ultimately resulted in Prop 22 being passed in November of 2020. This reclassified food delivery drivers as independent contractors, meaning that companies will not be held liable for their negligent actions.
Prop 22 was later declared unconstitutional by a California Superior Court Judge. Uber will appeal to the court’s decision, meaning that Prop 22 will make its way to California’s Supreme Court, where it will be determined whether it should continue to remain in effect. Until then, food delivery drivers will still be identified as independent contractors.
Handling a food delivery accident case can be quite complex. It is important to acquire legal representation from an experienced California food delivery accident attorney. They will assess your case to determine what necessary steps are needed to confirm which party should be held accountable for your losses.
Available Damages in a Food Delivery Accident
If you were involved in a food delivery accident, you may be entitled to receive compensation for your losses. Oftentimes, motor vehicle accidents result in serious injuries that may require costly medical treatments. Repair costs for a damaged vehicle may also push a victim of a food delivery accident into a financial burden. By filing a personal injury claim, you will have the opportunity to claim recoverable damages from the party at-fault to help cover your expenses.
Common types of compensatory damages that are offered in a food delivery accident include economic damages and non-economic damages.
Economic damages are monetary in nature. Some of the most common types of economic damages awarded in food delivery accident claims include medical bills, lost wages, property damage, and loss of earning capacity.
Non-economic damages do not have a monetary value. Your California food delivery accident attorney will need to measure these accordingly. Common types of non-economic damages may include emotional distress, loss of consortium, loss of enjoyment of life, and pain and suffering.
Victims of a food delivery accident may also be eligible to acquire punitive damages. Punitive damages are granted on top of compensatory damages to punish the defendant for committing negligent or malicious behavior. Punitive damages may only be awarded at the court’s discretion.
West Coast Trial Lawyers Is Here to Help
If you have sustained injuries as a result of someone’s negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. Our California food delivery accident attorneys at West Coast Trial Lawyers can recover compensation for the losses you have suffered.
Contact us today by calling 888-407-7969 or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.