Arizona Food Delivery Accident Lawyer

Food delivery services provide fast and convenient meal options for Arizona residents. With just a few taps, you can order food and have it arrive right at your doorstep. Despite the benefits it comes with, it has attracted a growing number of delivery drivers on the road, increasing the likelihood of vehicle collisions. Such cases can lead to legal challenges and complex insurance issues, especially when multiple parties, including drivers, other motorists, or food delivery companies, are involved.

Affected victims are entitled to file a claim against the responsible party to seek compensation. At West Coast Trial Lawyers, our skilled Arizona food delivery accident lawyers are readily available to offer the guidance and support you need throughout each stage of your lawsuit.

With over 20 years of experience handling personal injury cases and more than $1.7 billion in settlements acquired on behalf of our clients, we are confident that we will get you the best outcome possible to help cover the damages you incurred.

We operate under a contingency-fee basis, meaning that you owe us nothing unless we win your case or secure a settlement. To schedule a FREE consultation, you can connect with our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.

What Can Cause a Food Delivery Accident?

Various factors can lead to food delivery accident cases. Let’s take a look at each common cause in the sections below.

Distracted Driving

Food delivery drivers who actively divert their attention away from the road are at risk of getting into motor vehicle accidents. Although cell phones are a vital part of the job, it can create safety concerns if it is used unlawfully.

Under ARS 28-914, a vehicle operator is prohibited from using a wireless phone to talk, text, or browse the internet. The only exception is to use hands-free mode. This can be done through Bluetooth or voice-activated systems. A first violation will be a civil penalty ranging between $75 and $149, and subsequent violations will be between $150 and $250. 

Speeding

A food delivery driver is required to meet certain times presented on the app to ensure customers are satisfied with the services provided. If they fail to arrive before or right on schedule, they are expected to receive negative reviews that can impact their job. To avoid facing consequences, they will feel compelled to speed to avoid late arrivals. This, in turn, can increase the likelihood of a car accident.

According to ARS 28-701, no person should operate a vehicle “at a speed greater than is reasonable or prudent under the circumstances, conditions and actual and potential hazards” presented. So, if a driver is met with poor weather conditions or road obstacles, they will need to adjust their speed to prevent collisions with other individuals or objects.

Speed limits in certain areas include the following:

• 15 mph near school zones
• 25 mph in business or residential districts 
• 65 mph in other locations

It is encouraged for food delivery vehicle operators to reduce their speed if they are:

• Approaching intersections or railroad crossings
• Near curves or hillcrests
• On narrow roads 
• Close to special hazards, like nearby pedestrians

Food delivery drivers who fail to comply with these regulations could be met with complications that can ultimately result in a collision. Legal consequences may also apply. 

Fatigue

Food delivery drivers are given flexible schedules, meaning that they can choose when to go online. Some will consider working short hours whereas others will want to go online for a longer period of time or during peak hours to earn higher compensation. This can cause them to have inadequate rest that can lead to fatigue driving. Doing this can cause food delivery drivers to have delayed responses to hazards and the inability to brake promptly, resulting in collisions.

Vehicle Issues

Poorly maintained vehicles can compromise a driver’s ability to travel safely. A sudden brake or tire problem can make it difficult to stop or maintain control, especially when presented with bad weather or road conditions. Since food delivery drivers are constantly out and about, it is important for them to perform vehicle maintenance periodically to ensure the safety of all road users.

Common Injuries in a Food Delivery Accident

Food delivery accidents can range from minor to serious injuries. The outcome will differ depending on the severity of the impact and what vehicles are involved. Some common forms of bodily harm that may occur include the following:

• Broken bones
• Head injuries
• Spinal cord injuries
• Internal injuries

What to Do After a Food Delivery Accident

After a food delivery driver accident, injured victims should consider taking the steps below to ensure their safety and protect their legal rights.

Contact Police

If you notice any injuries or damages, be sure to contact local authorities for immediate assistance. The police will arrive at the accident scene shortly after and conduct a written report. Paramedics will also show up to provide medical care to the involved parties.

Seek Medical Attention

Even if you do not experience immediate pain or notice any visible injuries, you should still get yourself examined by a medical expert. Some forms of bodily harm may not show symptoms soon after a food delivery accident. Seeking medical treatment early on can prevent complications from developing into a more intense problem.

Report the Incident

You should report the incident to local authorities and the food delivery company the driver was working under when the accident occurred. You can submit details pertaining to the event through the food delivery app or website, and they will respond shortly after to investigate the situation.

Exchange Information

You should exchange contact, insurance, and vehicle information with all parties involved in the collision. Do not forget to also acquire the name of the food delivery company the individual works under. 

Gather Evidence

Be sure to gather substantial evidence, like:

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

Consult with an Arizona Personal Injury Attorney

If you are involved in a food delivery accident, speaking to an Arizona personal injury attorney can benefit you, especially if serious injuries or issues with insurance are presented. Our team at West Coast Trial Lawyers will take on any legal complexities that may arise throughout the duration of your lawsuit and negotiate with insurance companies to ensure you do not get a lowball offer.

Understanding Uber Eats Insurance Coverage

Uber Eats provides insurance coverage for delivery drivers, including:  liability, injury, and damage protection. This will apply depending on the driver’s status, whether they are offline or online and in the process of making a delivery. 

Here is a breakdown of each phase.

Offline

When you are not logged in to the food delivery app and are involved in an accident, your personal auto insurance will apply.

Online (Waiting for an Order Request)

When you are waiting for an order request, you may be given limited liability insurance. For instance, with Uber Eats, third-party liability coverage will compensate for injuries or damages in at least the following amounts:

• $50,000 per individual
• $100,000 per collision for bodily harm
• $25,000 in property damage

Active Delivery

If an accident occurred while you were in the process of fulfilling an order, Uber’s insurance coverage will be a minimum of $1,000,000 for injuries and property damage. In addition, if you have collision and comprehensive coverage on your personal auto policy, Uber’s insurance will cover damages to your vehicle regardless of who is at fault. This will be up to the actual cash value of the car, but there will be a $2,500 deductible.

Proving Liability in Food Delivery Accident Cases

To prove liability, you will need to demonstrate the elements of negligence, including the following:

• The defendant had a legal obligation to provide reasonable care
• The defendant failed to uphold their duty of care
• The defendant’s reckless behavior was the main cause of your injury
• You endured losses, like medical expenses or emotional distress, as a result of the food delivery accident

Under Arizona’s pure comparative negligence rule, all parties will be evaluated to identify percentage of fault. Even if you are partially liable, you are still entitled to recover compensation. But, it will be adjusted based on the level of carelessness you contributed.

So, if total damages are $50,000 and you were 20 percent at fault, you can acquire an estimate of $40,000.

Potential defendants in such a case may include:

• Food delivery drivers
• Other drivers
• Pedestrians or cyclists
• Food delivery companies
• Government entities
• Vehicle manufacturers

In complex situations, liability could be shared between multiple parties. To learn how to handle the legal process, you can get in touch with West Coast Trial Lawyers and have your case assessed by our knowledgeable food delivery accident lawyers. Once we understand what factors are involved, we will develop an effective approach with your needs and priorities in mind to ensure you are satisfied with the results we deliver.

Recoverable Compensation in a Food Delivery Accident

Compensation in a food delivery accident will be different for each victim. Some of the following factors will be considered when determining what your settlement value will be:

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

To get an idea of what you could be given, you can use our personal injury settlement calculator by entering the expenses you endured due to the collision.

Usually, economic damages and non-economic damages are awarded. Economic damages are financial expenses you sustained, including:

• Hospital fees
• Lost income
• Property damage

Non-economic damages are intangible losses, like:

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

Schedule a FREE Consultation with Our Arizona Food Delivery Accident Lawyers Today

Food delivery accident victims are eligible to recover damages that were caused by another individual or entity. At West Coast Trial Lawyers, our expert personal injury lawyers are here to help guide you every step of the way to ensure you get fair compensation for the losses you incurred. 

To schedule a FREE consultation, you can reach out to our 24/7 legal team by calling (213) 927-3700 or filling out our easy online contact form.

Food Delivery Accident FAQ

Are Food Delivery Drivers Independent Contractors or Employees?

Food delivery drivers are considered independent contractors. This means that they are not entitled to acquire perks that are typically given to employees, such as:

• Minimum wage guarantees
• Sick leave
• Retirement contributions
• Health benefits
• Unemployment insurance

Acquiring this status will allow food delivery drivers to have more flexibility in work schedules and the ability to balance multiple platforms. They are also responsible for their own liability in a car accident. But, the food delivery company’s insurance may cover certain costs depending on how and when the incident occurred.

It is important for independent contractors to have enough financial protection at-hand and to understand what coverage limits are provided by the food delivery company they are working under.

Why Should I Hire an Arizona Food Delivery Accident Lawyer?

Hiring an Arizona food delivery accident lawyer can benefit you in terms of protecting your rights and ensuring you get the compensation you deserve. Our team, in particular, has the knowledge and expertise to confidently step in and take on all legal aspects of your case while you focus on recovering with a peace of mind.

We understand local rules and ordinances related to food delivery accidents and how to navigate claims with personal auto insurance and delivery platform insurance. In addition, our legal representatives can gather evidence and build a well-constructed personal injury claim to establish liability and get you the compensation you are entitled to.

What Is the Time Limit to File a Food Delivery Accident Claim?

In Arizona, the time limit to file a food delivery accident claim is two years from the initial date of when the incident occurred. If you are filing for property damage, you will still be given the same duration of time to pursue legal action. 

The discovery rule may apply if you did not immediately notice the full extent of your injuries. In this case, the statute of limitations will start on the date you found out about the injury or should have reasonably discovered it.

To prevent delays, it is important to act quickly. Be sure to gather as much evidence as you can and seek the right legal representation from a reliable and trustworthy personal injury attorney. If you do not fulfill these tasks right away, you could be putting yourself at risk of exceeding the time limit. And if that does happen, you will no longer be given the right to secure compensation.

How Does Commercial Insurance Coverage Apply to Food Delivery?

Commercial insurance policies are made to cover risks associated with using a business or personal vehicle for work-related purposes. As food delivery services, like Uber Eats, Doordash, and others, continue to grow in popularity, the insurance industry is still in the process of adapting to unique risks and needing to figure out how to establish suitable coverage for such roles.

This is why it is crucial to check in with your current insurance carrier to learn what options are available in terms of coverage if you are thinking about pursuing a career as an independent contractor working under a food delivery company.