Food Delivery Driver Accidents - Las Vegas, Nevada
Food Deliveries & Car Accidents
If you were injured in a car accident that involved a delivery driver or you were a pedestrian injured by a delivery vehicle, contact our office at 702-432-1000 to discuss your case. You may be eligible for a compensation for your injuries, pain and suffering, medical bills and lost wages. Plus, get reimbursed for your car repairs, replacement, and alternative transportation.
Why These Accidents Happen?
There are many reasons why delivery driver accidents happen. The driver could be distracted by using a mobile app (distracted driving accidents). Or, the delivery driver was in a rush to hand over the package and didn’t pay attention to the road (careless driving / reckless driving). Finally, the delivery driver had little or no experience driving a delivery vehicle.
Delivering Food in Las Vegas
With the developing of the "gig economy" we see many new names for delivery vehicles on the streets of Las Vegas: UberEats, Postmates, Eat24, DoorDuch, GrubHub. And then there is Amazon Delivery Services that deliver Amazon products. All of them are using mobile apps to receive orders.
Who is Liable?
In Nevada, when a delivery driver is using a company car (e.g., Fedex or UPS), all liability claims are submitted against the company’s auto insurance, and in some situations, the company itself.
When a delivery driver is using a personal car during the accident (e.g., UberEats, Postmates, Eat24, DoorDuch, GrubHub) it becomes more complicated.
When Personal Vehicle is Used
In general, if a delivery driver is “on a job” during the accident, the company insurance covers the accident, even if the personal vehicle was used, but if the same vehicle and by the same driver is used for personal needs, the driver’s personal insurance is in effect, even if the company logo is on a vehicle. It is worth mentioning that the driver's personal insurance is usually very basic, often only what is required by law in the state of Nevada.
Main Company vs. Franchise
The notion of a “company” is not always straight forward. The delivery driver could be working for the head or main company or for a franchise of that company. Each franchise has its own insurance and each franchise may have a different maximum policy limit.
In Nevada, if a personal vehicle is used for deliveries, the delivery driver has a responsibility to maintain the delivery vehicle in good condition and if an accident happened due to vehicle mechanical failure, the driver and the owner of vehicle can be held accountable for the accident.
If you have any questions or need more information, call us at 702-432-1000.
After the Accident
The steps you should follow in a delivery vehicle accident are similar to other accidents:
- First, access the situation and seek medical help if needed.
- Second, call the police. The claims process will be much smoother if there is a police report that documents the accident.
- Third, take many pictures of the license plates of all vehicles involved and of the surrounding area. Pictures of the damage to your vehicle are also important for accessing the damage and force of impact.
- Fourth, contact a lawyer who has experience handling delivery driver accident claims.
Should I Deal with the At Fault Driver Insurance Directly?
If you got injured in an auto accident, you may receive a call from the insurance company. Many of the questions that an adjuster or claims representative will ask are to gage your pain levels, areas of injury, and your memory of the accident. It is better to take the name and phone number of the caller and let your attorney handle all communications with the insurance company. Often, right after an accident, a person is still in shock. Your answers may not be comprehensive, but they are on a record and they may be used at the time of settlement to reduce your accident compensation.
Van, Car, or Bike - Does It Affect the Claim?
The facts of the accident will affect injury claims more than anything else. For instance, the sizes of the vehicles involved and their weights can help determine issues like the force of the impact, or whether blind spots played a factor, and the reaction time needed to avoid a collision.
Part-Time Drivers, Full-time Drivers - Does It Affect the Claim?
Part-time / full-time designation should not matter. What matters is whether the delivery driver was "on-the-clock", when the accident occurred.
Delivering Pizza, Medication, or Packages - Does It Affect the Claim?
Whether during the accident behind the wheel was a pizza delivery driver, a pharmacy delivery driver, or an Amazon delivery driver, it should not matter as far as the liability claim is concerned. What matters is that the delivery driver was “on a job” during the accident.
The amount of compensation is calculated based on submitted medical bills, your car damages, proof of your lost wages, etc.. The at fault driver maximum policy limit plays a very important role in the dollar amount of the settlement.
When Pedestrians Are Involved
Injuries to pedestrians and cyclists can be very severe. As in any other injury accident, the personal injury attorney has to prove that driver's negligence caused an accident, and submit a claim to insurance company seeking compensation for medical bills, pain and suffering, lost wages and damaged property.
Hit and Run Accidents
There are cases, like hit and run accidents, when the at fault driver information is not available. In this situation, it is imperative that the police arrive and make a report. If the driver wants to leave the scene before the police arrive, then let the 911 dispatcher know right away. In Nevada, it is a crime to leave the scene of an accident without providing insurance information.
Submitting a Claim a Few Months After the Accident
Under Nevada law, the statute of limitation (the length of time a victim has to file a lawsuit) for all delivery driver accidents is, generally, 2 years from the date of the accident. There are special exceptions to this rule. Call us if you want to know if these exceptions could be applied to your case.
We Can Help
The attorneys at Heshmati & Associates handled many delivery driver cases in the last few years, especially when the food truck and pizza delivery drivers were involved.
We take all delivery driver accident cases on a contingency basis which means - you only pay if we get settlement money for you.
Call us at 702-432-1000 with any questions you may have.
We serve clients in Las Vegas, Summerlin, North Las Vegas, Henderson and the rest of Nevada.