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Pizza is a fairly common food delivery option. Whether you order from big chains or your local pizzeria, you’re hoping for a hot pie to be delivered to your door. But what happens when there is a pizza delivery driver accident? It’s important to know experienced Round Rock pizza delivery accident lawyers who can handle your case.
Because pizza delivery drivers are often in a hurry to make deliveries, they often neglect to follow certain road safety rules. As a result, they may cause an accident with another car, truck, or pedestrian. If you or a loved one have been involved in an accident with a pizza delivery driver, contact Zinda Law Group at (800) 863-5312 for a 100% free consultation.
What Happens when you are in an accident with a pizza delivery Driver?
Being involved in an accident with a delivery driver is not all too different from a car accident with an ordinary person. The aftermath is chaotic and there are certain steps that you need take to ensure your safety and to preserve your accident injury claim. Of course the first concern is the health of everyone involved in the accident, but there are other necessary steps to take as well.
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Seek Medical Attention if Necessary
The first and most important step after a car accident is to receive any necessary medical attention. Seeking emergency medical attention should be your first action because the shock of the accident may prevent you from realizing the severity of your injuries. Always, get medical help after an accident, even if your injuries seem minor.
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Never Admit Fault After an Accident
It is best to ignore any assertions made by the other driver. They may be to put you in an uncomfortable position in order to draw certain statements out of you. Neither you nor the pizza delivery driver can be entirely aware of all the factors that may have caused the accident.
Avoid admitting fault by:
- Not stating any personal opinions
- Not embellishing facts or other information
- Allowing your attorney to speak to all parties on your behalf.
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The next step is to talk with the delivery driver who caused the accident and get their information including their phone number, driver’s information, address, and insurance. Additionally, you should try to get the contact information of any witnesses in the area, and ask them if they have any photos from the scene. As a precaution, be sure to take your own photos and videos of the accident.
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Hire Experienced Round Rock Pizza Delivery Accident Lawyers
Finally, you should talk to an experienced pizza delivery driver accident. A knowledgeable attorney can use their experience to properly evaluate your claim and give you relevant advice. Additionally, an attorney can make sure that crucial evidence is properly obtained and preserved.
With so many unknowns at play, it is not wise to speak about what may have caused the accident immediately after it occurs. Your primary focus instead should be to get attention from a medical professional and gather information about the accident. Lastly, you should contact a car accident attorney from Zinda Law Group at (800) 863-5312.
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Why do pizza delivery accidents occur?
For many Americans having delivered pizza is a tradition. Many pizza shops were already doing delivery to meet demand, and then third party companies stepped in to fill the gap in the market. Now, with so many delivery drivers on the road, there is a problem with increased traffic congestion.
In addition, when you factor in that some shops offer guaranteed delivery times, it is easy to see why pizza delivery drivers end up causing accidents. For example, Domino’s had a 30-minute delivery time guarantee that they started in 1984. In 1993, a lawsuit claimed that the company policy had cost people their lives. Ultimately, the lawsuit’s $79 million court judgment led to Domino’s founder to scrap the delivery guarantee altogether.
But Domino’s policy lives on through the sentiment it created in the American people – specifically, the idea that pizza delivery should always be fast. Indeed, following the company lawsuit, Dominoes founder even said that “[the] 30-minute guarantee has become part of the culture of this country.” So even though Domino’s 30-minutes or less policy is a thing of the past, it still influences customer expectations and in turn the actions of pizza delivery drivers.
Keep in mind as well, the increase in food delivery services. As you may already know, companies that were offering rideshare services are now entering the food delivery business. With these apps, you can get food delivered from pretty much restaurant. This may be convenient, but as the demand for food delivery increases roadway safety will be compromised.
Again, consider the nature of the delivery driver’s compensation. The faster the delivery reaches the customer, the higher the tip will likely be. With much of the delivery driver’s compensation being based on tips, they are incentivized to drive faster. In sum, the demand for fast delivery services incentivizes reckless behavior on the part of delivery drivers and leads to more car accidents.
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Who is liable when an accident includes a delivery driver?
Even though the pizza delivery driver may have caused the wreck, they are not the only ones who can be held liable. In fact, multiple parties may have contributed to the accident. For this reason, some issues may arise as to who is liable in your pizza delivery driver accident claim.
Oftentimes, individual insurance policies do not provide coverage for personal vehicles used for work. For this reason, many food delivery drivers have to get additional insurance coverage when their vehicle is used for commercial purposes. Unfortunately, however, many pizza delivery drivers are not aware of the fact that they are not covered by their personal insurance policy. And with the driver’s personal insurance not covering the accident, you may have to seek another defendant to attribute liability to.
The employer of the pizza delivery driver is usually the next in line in the causation chain. After hall, it was the employer who hired the driver. Additionally, many restaurants maintain insurance coverage for general liability and list all their drivers. But, adding this many to a company insurance plan is so expensive that even the company may decline to carry coverage. Enter the legal theory of respondeat superior.
What Is Respondeat Superior?
Respondeat superior is Latin for the phrase, “let the master answer.” In the law, it is a liability doctrine that allows for the employer to be held liable for the negligent acts of their employee. If you were in an accident with a pizza delivery driver, then this legal doctrine will most likely apply to your case.
Does Respondeat Superior Apply to my Case?
The key to whether this doctrine applies is the determination of whether the acts that caused the accident to occur were within the scope of the delivery driver’s employment. Accordingly, there is no uniform way of determining whether the acts took place within the scope of one’s employment.
How Establish the Theory of Respondeat Superior
The judiciary has created two tests for making this determination: The benefits test and the characteristics test. The benefits test states that if the actions of the employee are endorsed by the employer to derive a benefit, the employee is acting within the scope of his employment. In the pizza delivery context, for example, if the employer tells the pizza delivery drivers that they should speed to make faster deliveries. Then the employer may be held liable if the employee is speeding while delivering pizzas.
The characteristics test is a separate test that is alternatively used by the judiciary. The characteristics test states that if the employee’s action is common enough to the job that it may be considered a characteristic of the job, then, in that situation too, the employer may be held liable. This standard is perhaps easier to satisfy in the pizza delivery context because the need to make fast deliveries is so intertwined with the job that if an accident occurred in this effort, the employer would likely be held liable.
Can I recover Damages?
After an accident, you will probably have to come out of pocket when it comes to medical bills, and repairs to your vehicle, especially if the driver’s insurance refuses to pay. Because of our core values we are dismayed to think of a person being injured by someone else and then having to foot the bill for their rehabilitation.
Our experienced team of pizza delivery driver accident attorneys realizes all that injuries will have to be rehabilitated following an accident. Not only will your body need to be rehabilitated, but also your pocketbook, and your psyche. To remedy this pain, monetary compensation is awarded to those who can demonstrate that someone else caused their injuries.
This award includes compensation for:
- Medical bills
- Ambulance rides
- Mental and emotional trauma
- Lost wages and loss of employment
- Repairs of property, including car repairs
As you may already be experiencing, car accident injuries can set you back quite significantly. A great form of recourse is the filing of a personal injury claim. The delivery driver accident attorneys from Zinda Law Group are here for you, especially, if you have questions as to who is liable when an accident includes a delivery driver or what is the concept of respondeat superior and how can it help my case, for example. If you would like to talk to a car accident attorney for free call (800) 863-5312 and begin discussing the possibility of recovery.
Common causes of pizza delivery driver accidents
As touched upon previously, one of the common causes of delivery accidents is speeding. However, this is not the only cause of pizza delivery accidents. There are other common causes, some of which are specific to delivery service providers and some other that are common causes of accidents in general.
In general, car accidents occur because of
- Drunk driving,
- Driving the wrong way down a one-way street
- Driver fatigue, etc.
Some causes which are specific to pizza delivery drivers include:
- Improper turns
- Sudden lane changes
- Distracted driving (phone, GPS), etc.
In the context of pizza delivery accident, these causes are more common because of the incentives involved in the delivery driver profession. The common causes ordinary car accidents are a product of human nature and our tendency to engage in injurious behavior from time to time. Either way, we believe that the person who caused the accident should be held accountable.
Get help from our Round Rock pizza delivery accident lawyers
Zinda Law Group is a plaintiff injury firm with a strong commitment to client satisfaction and a desire to provide personal representation and individualized attention. The attorneys on our team have extensive experience handling car accident cases, specifically accidents involving pizza delivery drivers in Round Rock.
Following an accident, your life may be changed forever. At Zinda Law Group, we realize that this is a reality for many people who are involved in car accidents. Our mission is to hold negligent parties accountable so that victims are not left to pay for the expenses of their injuries. If you or a loved one has been a victim of a pizza delivery accident, call Zinda Law Group at (800) 863-5312 for a free consultation. You won’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
Meetings with attorneys are available by appointment only.
AWARDED TO JOHN C. (JACK) ZINDA BY THE NATIONAL TRIAL LAWYERS ASSOCIATION (2016-2020)
AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA & JOE CAPUTO
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