Pizza Delivery Driver Accident Lawyers in Albuquerque, New MexicoLast updated on: March 14, 2022
CALL (800) 863-5312 TODAY FOR YOUR FREE CONSULTATION WITH ALBUQUERQUE PIZZA DELIVERY ACCIDENT LAWYERS
Whether your go-to is Slice Parlor or Mario’s in downtown Albuquerque, pizza delivery is a comfort that we all love to take advantage of. Unfortunately, one of the downsides of delivery services is the collisions that are caused by delivery drivers. If you or a loved one have been injured in a car accident with a pizza delivery driver, call Zinda Law Group today at (800) 863-5312 to speak with one of our Albuquerque pizza delivery accident lawyers.
Believe it or not, these accidents are more common than you may expect, and at Zinda Law Group our knowledgeable Albuquerque personal injury lawyers know exactly how to fight for you to get the compensation you deserve. We have experience with investigating these cases, but we need time to gather all the evidence, so call Zinda Law Group and schedule your free consultation today.
CAUSES AND CONSEQUENCES OF PIZZA DELIVERY ACCIDENTS IN ALBURQUERQUE
Pizza delivery drivers have a higher risk of causing accidents for several reasons. First, many restaurants or food chains that provide delivery services hire young and inexperienced drivers.
Often this job is filled by high-schoolers or late teens who just learned how to drive; these teenagers are driving on new roads they likely haven’t travelled on before, at night, and while in a rush to make their deliveries as quick as possible so they can get good tips. In fact, in New Mexico in 2019, 130.5 teenage drivers crashed per every 1,000 licensed teen drivers. Thus it is clear, this combination of factors can be a recipe for disaster.
In addition to the incentive to make good tips, many food delivery drivers work for companies like Pizza Hut and Domino’s who will rush their drivers so that they can maximize their profit potential; they may even evaluate their drivers’ performances based on how quickly and efficiently they can make their deliveries. This kind of pressure can cause drivers to engage in negligent driving, such as speeding or ignoring traffic signals. While rushing their deliveries, they are also managing phone calls from the company as well as navigating their GPSs to try and find the places they are delivering to; this kind of distracted driving can be very dangerous.
Additionally, even if the delivery driver is experienced, they may still be susceptible to causing accidents because of difficult road conditions or just the mere fact that they spend so much more time driving than most people. When it’s rainy or icy, many people stay inside and order pizza to avoid driving on the roads; unfortunately, this means that the young, inexperienced drivers are their busiest when the roads are at their worst. Lastly, simply because delivery drivers spend so much time on the road in itself makes food delivery drivers more likely to cause accidents.
Pizza delivery accidents in Albuquerque can have devastating consequences, both physical and financial. According to the New Mexico Department of Transportation, in 2019 a motor vehicle crash occurred every 11 minutes, and 30% of all crashes—approximately 132 a day—resulted in some kind of injury or fatality. Some of the most common kinds of physical injuries people suffer in delivery driver accidents in New Mexico are:
- Bruises, burns, and lacerations
- Emotional distress
- Fractures and broken bones
- Internal organ damage
- Neck injuries
- Nerve damage
- Post-traumatic Stress Disorder (PTSD)
- Scarring and disfigurement
- Soft tissue injuries
- Spinal cord injuries
- Traumatic brain injuries and concussions
This list is not exhaustive, so if the injury that you or your loved one suffered in your accident in Albuquerque is not listed above, don’t let that stop you from calling a Zinda Law Group office near you. Our experienced Albuquerque pizza delivery accident lawyers can evaluate the extent of your injuries and begin to build a strategy for recovering maximum compensation for you.
Car accidents can cause financial consequences as well, and those are expenses you should be compensated for. Examples include the physical damage to your car, the days you had to take off work to recover, the medical expenses or co-pays you had to pay out of pocket, and expenses for other care you needed, such as physical therapy or counseling. Whatever the injury, whether it was physical, financial, emotional, or all three, you deserve compensation, and we are ready to fight for it for you.
WHY YOU NEED AN ALBUQUERQUE INJURY LAWYER
You may have been in a car accident before and handled it all without a lawyer, and if you did, that is great. However, delivery driver accidents present some complications that only an experienced Albuquerque injury attorney will know how to navigate. Moreover, hiring an experienced lawyer can greatly increase the amount of compensation you end up being awarded.
An experienced Albuquerque injury lawyer can…
Identify Potentially Liable Parties
In addition to the driver, sometimes there may be other liable parties from whom you can recover. Under a legal theory called respondeat superior, sometimes the company that hired the delivery driver will be held responsible for the negligent acts of its employee. In order for this doctrine to be invoked in New Mexico, a four-part test must be satisfied:
- The employee must have been engaging in conduct he was employed to perform.
- The conduct must have occurred at a time reasonably connected to the work day.
- The conduct must have occurred reasonably close to an authorized work area.
- The conduct arises, at least in part, for the benefit of the employer.
There may even be other parties that can be liable, such as the manufacturer of a defective product, like car brakes, if that contributed to or caused the accident. Figuring out who is liable and how to prove it is extremely complicated, which is one of the many reasons for why it is so important to have an experienced Albuquerque injury lawyer by your side.
Articulate the Legal Claim
Just like there can be multiple defendants, there may be multiple legal claims. Many of these lawsuits involve careless or irresponsible actions by the driver and his or her employer, so in those cases the legal claim may be negligence. However, sometimes these lawsuits can involve different causes of action; for example, if you lost a loved one as a result of the accident, you would likely bring a wrongful death lawsuit, whereas if the accident was caused by a defective product, you would bring a product liability lawsuit. Figuring out what type or types of causes of action you can assert is an extremely important part of the road to your recovery.
Each type of claim comes with different elements that need to be proven. For example, negligence has four elements: duty, breach, causation, and damages; this means you would need to prove that the defendant owed you a legal duty to use reasonable care and breached that duty of care, which caused your injuries and resulted in damages. Only an experienced advocate can distinguish the elements that can be satisfied in your case from the elements that cannot.
Negotiate With the Other Side
Whomever you end up suing, their insurance company will likely fight your claim tooth and nail. Insurance companies care about one thing: protecting their profit. That means that they’ll do anything to get out of paying you the compensation you deserve.
If, for example, you are suing a large franchise such as Pizza Hut, their insurance will have the capital to fight this case long-term and even take it to court; this is another reason why it is so important to have an Albuquerque pizza delivery accident lawyer by your side. At Zinda Law Group our lawyers are experienced negotiators and know how to pursue settlement offers that our clients are pleased with. If a settlement agreement is reached, you can avoid ever having to go to court and walk away with the financial security you deserve.
If Necessary, Prove Your Case in Court
Last but certainly not least, an experienced Albuquerque injury attorney can, if necessary, fight your case in court. Although many cases do end up settling, sometimes the insurance company for the defense just doesn’t budge. If that is the case, then you need an advocate to help plead and prove your case.
Winning a lawsuit is not easy; depending on the type of legal claim you have, there are elements that need to be proved to a jury in order for them to find in your favor. Moreover, in order for you to be compensated at all, you need to prove that you suffered damages, which is more complicated than it may seem. Having an experienced Albuquerque personal injury lawyer working on your case greatly increases the likelihood of you succeeding in court and being awarded the maximum amount of compensation possible.
WHAT TO DO AFTER A PIZZA DELIVERY DRIVER ACCIDENT IN ALBUQUERQUE
Following an accident, you may be at a bit of a loss on what to do next. Although each and every case is different and has case-specific needs, there are a few general steps that you can follow that will help you navigate the legal process, and will help your attorney down the line:
Seek Medical Attention
Your health and safety are always the first priorities, so make sure to seek medical attention as soon as you possibly can. Some common injuries from car accidents are not obvious right away but if left untreated they can become fatal, so even if you feel fine it is always best to get checked out. Having accurate and prompt medical records will also help your case later on as you begin to seek compensation.
If you want to seek medical treatment, then the other party can try to argue that there was some intervening cause of your injuries, not the accident. By prioritizing your health and getting checked out quickly (and thereafter with follow-up visits), you can avoid this defense strategy.
Call the Police
In these kinds of cases there may be many reasons for why you would like to refrain from calling the police to the scene, such as seeing how young the delivery driver was or not wanting to get him or her in trouble. However, the best thing you can do for the both of you is call the police to the scene. An Albuquerque officer can file an official report which can become important evidence later on in your case, and the report will protect the delivery driver from having to handle the accident all on his or her own because his insurance, or the business’ insurance, will become involved.
This may not be your first instinct, but the more you can document, the better. If you can, try to take pictures of the scene and of the delivery driver’s vehicle, especially if there is some company branding on it. If you end up arguing that the restaurant or food chain is liable, this can help you prove that the employee was working at the time of the accident.
You should also take pictures of injuries you sustained, any property damage, and anything else that sticks out to you as important. As you continue to recover from the accident, continue to document the process; consider doing so through a diary or journal. Keeping track of things like days off work, medical expenses, etc., can greatly help your lawyer later on.
Report the Accident to Your Insurance
Remember to call your insurance company to report the accident; however, it is very important that you do not talk to the other party’s (or parties’) insurance company until you speak with a lawyer. As mentioned earlier, insurance companies are ruthless and hope to avoid paying you compensation; thus, they may try to elicit certain responses from you in order to avoid liability. To err on the side of caution, always wait to talk with your Albuquerque personal injury attorney before you answer the insurance company’s call.
Call Zinda Law Group
Lastly, call Zinda Law Group for a 100% free consultation with one of our experienced personal injury lawyers. Having an experienced lawyer by your side can be the difference between walking away from this injury with nothing and walking away with the maximum amount of compensation possible. An experienced lawyer, like those at Zinda Law Group, can help you investigate your claim, figure out who is liable, and hold them accountable for your distress.
How long you have to file your claim depends on the type of cause of action you will be asserting, but generally it is no more than two or three years. Thus, it is so important that you call Zinda Law Group as soon as you can so they can begin to investigate and contact witnesses. The earlier you start this process, the better suited you are to succeed.
CALL THE ALBUQUERQUE PIZZA DELIVERY ACCIDENT LAWYERS AT ZINDA LAW GROUP FOR A 100% FREE CONSULTATION
Being injured in a delivery driver accident can be a very stressful and overwhelming experience, but you are not alone. Our experienced advocates at Zinda Law Group have helped countless individuals like yourself get back on your feet. We also understand that you have already struggled financially, which is why we offer 100% free consultations and a No Win, No Fee Guarantee. That means that you won’t pay us a thing until we win your case for you.
To take your first step on the road to financial recovery by calling Zinda Law Group today at (800) 863-5312. Our experienced Albuquerque pizza delivery accident lawyers are waiting and ready to help.
Meetings with attorneys are available by appointment only.