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Accidents with delivery drivers are not uncommon, for like other drivers, a delivery driver may speed, run a stop sign, or be distracted by looking up addresses on their phone, potentially resulting in serious injury, or even death, to other drivers on the road. Have you been injured due to a negligent pizza delivery driver? If so, you may need an El Paso injury lawyer to fight for your legal rights. If you have been injured in an accident, call one of our expert El Paso pizza delivery accident lawyers as soon as possible.
Our qualified lawyers are here for you 24, 7 and have the resources necessary to guide you through the entire legal process. Call our team today at (800) 863-5312 for your 100% free initial consultation and to discuss your potential case. As always, you do not pay us anything unless we are successful in winning your case.
How Do Pizza Delivery Accidents in El Paso Occur?
There were 1013 crashes involving commercial vehicles, such as delivery vehicles, in El Paso in 2021, according to the Texas Department of Transportation. 133 of those crashes were attributed to speed. When drivers, such as pizza delivery drivers, are challenged to make deliveries on time, accidents can easily occur.
In addition to speed, these crashes may occur in a number of ways; examples of El Paso automobile accidents include, but are not limited to:
- Distractions, such as cell phone use or eating
- Driving in inclement weather
- Running red lights
- Running stop signs
- Drinking while driving
- Using drugs while driving
- Failure to yield
- Reckless driving
Automobile accidents can lead to severe injury and mental anguish, no matter how they are caused; that is why Zinda Law Group is here to help you. We will pursue the at-fault party and fight insurance companies to compensate you for the injuries and property damage you have sustained from a negligent or reckless pizza delivery driver. We will also guide you through the entire legal process, step by step.
For a free legal consultation with a pizza delivery accidents lawyer serving El Paso, call 800-863-5312
Who Is Responsible For A Food Delivery Driver Accident?
The law is the same regardless of whether the person that hit you was delivering packages or pizzas. Who will ultimately be held responsible depends on many factors including:
- What the driver was doing at the time of the collision
- Whether the vehicle is owned by the driver or their employer
- The driver’s insurance coverage
- Whether the driver was completing tasks associated with their job
- Whether the driver’s employer authorized them to be driving
In most cases, when someone is hurt or suffers property damage while at work, the employer is at least somewhat to blame. Additionally, in most cases, the employer is in a stronger financial position relative to their employee and can more easily afford a settlement.
Moreover, employers are responsible for both the well-being of their employees and any damage caused by their employees while on the clock.
This concept of the employer being responsible for the actions of their employee is known as ‘respondeat superior,’ a Latin term that means ‘let the master answer.’ In cases involving delivery drivers who are acting in their role as an employee, respondeat superior is a legal principle that often applies.
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Can You Sue A Franchise After An Accident With A Delivery Driver?
A lot of delivery drivers are independent contractors who operate under conditions different from those of regular employees. In some situations, a driver may be held more accountable than the hiring corporation depending on the work. However, whether the driver is responsible, or their employer must be determined on a case-by-case basis.
When determining the cause of an accident for purposes of employer liability, the condition of the vehicle is crucial. A company would be violating the law if it provided a vehicle that was not properly maintained, for instance.
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What Kind Of Compensation May I Receive for my Injuries and Property Damage?
If you have been the victim of an accident caused by a food delivery driver, you may be facing hefty medical costs, pharmaceutical bills, car mechanic invoices, and more; that is why it is important to understand the different kinds of compensation that you may be entitled to. Although the exact type and amount will depend on the exact details of each case, the following are examples of the different types of compensation, or “damages,” that you may be able to receive from pizza delivery accidents in El Paso:
Economic Damages
Economic damages are easily quantified by combining your measurable expenses, such as property damages, loss wages, and past and future medical expenses. These damages are awarded to the victim to compensate them for their out of pocket, financial losses following an accident. For instance, if you were injured in a wreck on Interstate Highway 10, your economic damages may include your ambulance ride to the hospital, medical costs to splint a broken arm, and the wages you lost from missing work for six weeks.
Non-economic Damages
Non-economic damages are less straightforward when compared to economic damages; these damages include the physical and emotional pain you endured due to your accident and are not simply quantified by combining bills and receipts. Non-economic damages may include chronic pain, permanent disability, disfigurement, and emotional distress. There is typically no set method for the calculation of non-economic damages, and they may vary from case to case.
Punitive Damages
Punitive damages, also referred to as exemplary damages, are available in personal injury cases to punish the wrongdoer and to discourage others from making the same choices. In order to receive punitive damages in Texas, the victim must be able to prove, through clear and convincing evidence, that the defendant acted with fraud, malice, or gross negligence. Due to this high standard of proof, you should not expect punitive, or exemplary, damages from every case.
At Zinda Law Group, our El Paso attorneys are available to our clients 24 hours a day, 7 days a week. Contact our knowledgeable team today if you have any questions regarding the type or amount of compensation that may be available in your case.
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How Long Do I Have to File a Claim?
If you believe you may have been injured due to the negligence or intentional actions of another person or entity, you will need to file a claim before you are eligible to receive compensation for your physical injuries or property damage. The legal time limit you have to file a claim is referred to as the statute of limitations. The statute of limitations may be different for separate types of claims, so it is important to know the time limit in your specific state.
For instance, the statute of limitations for personal injury claims in Texas, including for pizza delivery accidents, is two years. In most instances, this means you will have two years from the date of the accident to file your claim, or you may be unable to receive any kind of compensation.
If you have any questions regarding the statute of limitations for your accidents, contact an El Paso injury attorney at Zinda Law Group as soon as possible. We can ease your stress by helping you file your case on time so that you may receive the maximum amount of compensation available.
Can I Afford a Texas Personal Injury Lawyer?
After an accident, the last thing you should be concerned about is being able to afford a high-quality lawyer on top of your hospital bills and car mechanic costs. Unfortunately, many lawyers require upfront costs and out of pocket fees, requiring you to pay as your case goes on.
Zinda Law Group lawyers, however, work on a contingency fee basis; this means that one of our experienced lawyers will work on your case for free up front. You will only pay us if you recover monetary compensation at the end of your case; this allows you to focus on yourself and your loved ones while we handle insurance claims and related issues. Examples of fees that other lawyers may charge you include:
Consultation Fees
Consultation fees are those costs you pay to a lawyer to hear your potential case. You will be required to pay this fee whether or not the attorney agrees to take your pizza delivery accident case; further, these fees may be based on the attorney’s hourly fees, or it may be at a discount. Zinda Law Group offers 100% free initial consultations.
Retainer Fees
Attorneys who request retainer fees will require an upfront payment before beginning work on your case; for instance, if an attorney asks for $1,000 upfront, they will do approximately $1,000 worth of work before asking for another sum of money. Paying a retainer does not determine the kind or quality of work an attorney will provide to your case. Zinda Law Group attorneys do not require retainer fees to work on your behalf.
Hourly Fees
Many attorneys will require you pay their hourly fees. These fees can be hundreds of dollars an hour and must be paid, no matter if you receive any kind of compensation for your injuries; these fees may also change with the type of work the attorney is performing. Attorneys at Zinda Law Group do not work on an hourly fee basis.
As discussed, Zinda Law Group attorneys work on a contingency fee basis. This is an excellent way to obtain legal representation without worrying about expensive attorney fees or related costs upfront, as you do not pay fees or charges to begin your case.
What Injuries Could I Suffer Due to a Crash With a Pizza Delivery Driver?
Pizza delivery accidents in El Paso are extremely serious and may result in a number of injuries, from slight bruising, to life-threatening brain injuries, or even to death. If you have been injured in a motor vehicle accident, always seek immediate medical attention, as your injuries may be exacerbated with lack of medical attention. Examples of the types of injuries that you may sustain or develop as a result of a motor vehicle crash include, but are not limited to:
Spinal Cord Injuries
A spinal cord injury may occur due to damage to any part of the spinal cord or to the nerves at the end of the spinal canal, otherwise known as cauda equina. Depending on the location and severity, these injuries can cause permanent damage to the victim, such as changes in strength, sensation, and bodily functions.
The severity of a spinal cord injury is often classified as “complete” or “incomplete.” A complete injury means all ability to control movement is lost below the spinal cord injury. An incomplete injury means there remain some motor or sensory functions below the affected area.
Emergency signs or symptoms of a spinal cord injury may include:
- Extreme pain or pressure in your back, neck, or head
- Weakness or paralysis
- Numbness, tingling, or loss of sensation
- Loss of bladder or bowel control
- Twisted back or neck
Traumatic Brain Injuries
Traumatic Brain Injuries are a major cause of death and disability within the United States, according to the Centers for Disease Control and Prevention. In 2019, approximately 166 people died every day from traumatic brain injuries, while hundreds of thousands are hospitalized each year; these injuries may occur due to a bump, blow, or jolt to the head, such as when one’s head hits the windshield when their car is crashed into by a delivery vehicle. Traumatic brain injuries may also lead to short- or long-term health problems and may affect brain development in children.
Symptoms of a mild traumatic brain injury may include:
- Headache
- Nausea
- Dizziness
- Sensitivity to light or sound
- Loss of consciousness for a short period of time
- Memory or concentration problems
- Difficulty sleeping or sleeping more than usual
Symptoms of a moderate to severe traumatic brain injury may include:
- Convulsions
- Seizures
- Persistent headaches
- Dilation in the pupils
- Loss of coordination
- Profound confusion
- Unusual behavior, such as agitation or combativeness
- Coma
Although you cannot always prevent a car accident, you may be able to reduce your risk of a brain injury through the use of a seat belt. Always make sure you properly secure your seat belt when in a motor vehicle, and safely secure your small child in a safety seat or booster seat.
Broken Bones
Broken bones, or bone fractures, often occur when a bone hits a stronger force, such as when a victim is thrown forward in a motor vehicle accident. There are many different kinds of bone fractures, such as:
- Closed Fractures: A closed fracture occurs when there is a break or crack in the bone that does not actually come through the skin.
- Open Fractures: An open fracture, also known as a compound fracture, occurs when a broken bone actually opens or breaks the skin near the break.
- Complete Fractures: If there is a complete fracture, the bone break will run the entire width of the bone; this often results in the bone separating into two pieces.
- Displaced Fractures: If you have a displaced fracture, it means that the bone has broken into multiple pieces, causing a gap where the bone breaks.
- Partial Fractures: A partial fracture occurs when there is only one side of the bone that is broken; this break does not go through the entirety of the bone.
- Stress Fractures: Stress fractures are small cracks in the bone that may be caused from a repetitive force; these fractures may be difficult to find while a medical professional is imaging it.
Injuries following a motor vehicle accident with a pizza delivery driver may be minor, or they could be life-threatening; that is why the first thing you should do is seek medical attention, as your injuries may become worse with a lack of medical attention. A medical professional will also be able to create an official medial report with all of your injuries, including their costs, which will prove beneficial when discussing compensation amounts with pizza companies or insurance companies. Call an El Paso personal injury lawyer at Zinda Law Group today to discuss potential compensation types and amounts.
What Do I Do After An Accident With A Food Delivery Driver?
It’s understandable for you to be in shock after an accident, however, there are a number of things that you should do to preserve your personal injury claim. Although no two cases are the same, there are a few general steps that you can take to help navigate the process. After an accident, it’s often helpful to adhere to the following course of action.
Seek Medical Attention
Getting the necessary medical attention is always the first step after incurring any injury. Immediately after the accident, you should protect yourself from further harm by moving to a safe location and receiving medical treatment. Not only is getting immediate medical treatment crucial to prevent your injuries from getting worse, but it’s also the first step in making a successful recovery.
Furthermore, receiving medical attention also functions as an opportunity to document your injuries. As your case develops, your medical records can serve as important evidence. This evidence will function as proof of the harm that you suffered during settlement negotiations and potentially at trial.
Call the Police
An at-fault driver may try to talk you into handling things under the table. Indeed, they may make statements that make you feel uncomfortable such as, ‘we don’t need to get our insurance companies involved,’ or ‘I don’t see any damage to your car.’ In this situation, it’s best to call 911 and have a unit dispatched to the scene of the accident.
In addition to being a voice of reason, police officers serve many other vital functions, such as collecting important evidence and documenting the accident scene. If you have a suspicion that the driver was under the influence at the time of the accident or that criminal behavior was somehow involved, make sure to contact the police immediately.
Document the Accident
After completing the above steps, it’s important that you personally document the accident scene. This includes taking pictures/videos, collecting witness contact information, and recording interactions between you and the delivery driver.
Evidence that may seem insignificant at the time may become important in the future. For example, you may not have noticed an important contributing factor to the accident without having taken pictures at the time. Accordingly, you should take pictures of property damage and take note of anything else that you feel could be important later.
Contact a Delivery Driver Injury Attorney
After your injury, hiring a lawyer could be the single best move that you make in trying to get adequate compensation for yourself and your family. However, hiring the right attorney is a tough decision that relies on personal preference and the lawyer’s expertise.
Your lawyer should have experience with victims who were hit by a delivery driver, and you should feel assured by their representation. Your rights ought to be protected and a zealous advocate can help make your rights known. To speak with an experienced delivery driver accident attorney from Zinda Law Group, call (800) 863-5312 today.
The Dangers Of Delivery Driving
Delivery driver accidents occur at a high rate in urban city centers in larger cities or college towns. However, they can happen anywhere where delivery drivers travel. While delivery driver accidents can have a lot of the same causes as regular car accidents, some causes are more prevalent than others in these types of cases.
Accidents involving delivery drivers often occur as the result of:
- Speeding
- Distracted driving
- Fatigue
- Cell Phone use
- Tailgating
- Aggressive driving
- Drunk driving
These causes sometimes are working in combination with each other, resulting in the accident. Indeed, people often neglect how difficult and strenuous delivery driving is. That is not to say that the stress of delivery driving should absolve drivers from the harm they cause, but the added stress that their employer places on them to perform their job a certain way should also be considered.
Delivery Driving Isn’t Easy
As a reminder, delivery driving includes more than just pizzas. Delivery driving has turned into a vital position in our economy as more people order items online for delivery. Consider the effect of COVID-19 on delivery driving and hands-off purchases/delivery.
The economy was already heading toward utilizing contactless delivery. When the pandemic happened, the demand for delivery drivers increased and many people stepped up to fill these job roles. However, many of those who stepped up may not have realized the difficulty of delivery driving.
Lack Of Experience
Lack of experience in delivery driving is more common than ever as new people work as delivery drivers for the first time. As previously mentioned, the economy was already demanding contactless delivery and the COVID-19 pandemic accelerated this demand. As a result, companies not only hired more drivers but also contracted with third-party delivery companies to fulfill orders.
Chief among the companies hiring more delivery drivers was Amazon. In fact, Amazon started using third-party delivery companies as part of their delivery service partner program in 2018. In only a few short years, Amazon’s program has grown to include more than 2,000 delivery service partners.
Pressure To Deliver Fast
Fast delivery is key to customer satisfaction and therefore the overall success of a delivery business. The truth is that retailers feel the pressure to offer fast delivery and unfortunately pass this pressure onto their employees.
Employees are incentivised to work faster and more efficiently; oftentimes being paid more for quicker and more prolific deliveries. In general, consumers receiving delivered goods are looking for three things:
- Faster delivery
- Low delivery cost
- More clarity on exact delivery times
Many business owners understand that these three consumer demands can mean the success or failure of their business. Unfortunately, business owners try to maximize their ability to fulfill these demands by putting strain on their employees.
Delivery Driver Accidents Happen Every Day
Recent data submitted by the Occupational Safety and Health Administration (OSHA) shows that nearly one in five drivers making deliveries for Amazon suffered injuries in 2021.
This data as analyzed by the Strategic Organizing Center (SOC), a coalition of labor unions, shows that there was a 40 percent increase in the injury rate from 2020-2021.
This data does include common workplace accidents, but it also includes vehicle accidents of which delivery drivers are part.
Contact Zinda Law Group El Paso Pizza Delivery Accident Lawyers Today to Discuss Your Potential Accident Case
You should never have to worry about being able to afford a top-quality personal injury lawyer, no matter how badly you have been injured due to an auto accident. Zinda Law Group attorneys work on a contingency fee basis and are available to our clients 24 hours a day. If you have any questions regarding your pizza delivery accident in Texas, we are here to answer them.
Have you suffered an injury due to the negligence of a food delivery driver? If so, contact an El Paso injury attorney at Zinda Law Group today to discuss your potential lawsuit. Our knowledgeable team is here to answer any questions you may have and to fight for your legal rights.
Contact an El Paso personal injury lawyer as soon as you can at (800) 863-5312. Your initial consultation is always 100% free, and you do not pay us anything unless we are successful in winning your unique case; that is our No Win, No Fee Guarantee.
You can also call us to make an appointment to visit our El Paso office located at <a href=”https://www.google.com/maps/place/Zinda+Law+Group/@31.7760375,-106.303313,17z/data=!3m1!4b1!4m5!3m4!1s0x86ddf85c18db35a7:0xf898d0da4df44078!8m2!3d31.7760375!4d-106.303313″>2300 George Dieter Dr, El Paso, TX 79936.</a>
<em><strong>Please note that in-office visits are by appointment only. </strong></em>
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