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Food delivery services continue to become increasingly popular. However, pizza remains one of the most popular delivery foods, with traditional pizza delivery services offered by restaurants like Domino’s, Pizza Hut, or Papa John’s continuing to promise quick deliveries of hot pizzas to a customer’s doorstep. With these services’ convenience, however, comes increased risk for accidents as drivers rush to quickly deliver food. That’s why it’s important to know experienced Waco pizza delivery accident lawyers you can trust.
If you or your loved one have been injured in an accident with a pizza delivery driver in Waco, call Zinda Law Group today at (800) 863-5312. We will schedule your free consultation as soon as possible with one of our experienced Waco pizza delivery accident lawyers to guide you through the compensation process. If we are not able to win your case, you will not owe us anything.
Common reasons for pizza delivery accidents in Waco
Pizza delivery drivers are often more likely to cause or be involved in car crashes than other drivers on the road. Many pizza companies guarantee their customers quick deliveries of a fresh hot pizza to their door. To uphold these promises, companies often pressure and incentivize drivers to rush and make these deliveries as quickly as possible. As a result, pizza delivery drivers may be more likely to drive recklessly. Additionally, many delivery drivers are also young without much driving experience.
Some of the most common causes of pizza delivery accidents in Waco include:
- Driver fatigue from spending long hours making deliveries
- Exceeding the speed limit to make deliveries as quickly as possible
- Driving in dangerous conditions such as wet or icy roads
- Driving in unfamiliar areas
- Driving while using navigation apps for directions to delivery locations
- Driving under the influence of drugs or alcohol, including stimulants in an attempt to remain alert during long shifts
- Driving while distracted such as by texting, talking, or using social media on a mobile phone
If you have been involved in a collision with a delivery driver, contact our team at Zinda Law Group where your lawyer will gather the facts and evidence of your case to support your claim of how the delivery driver caused your injuries and damages.
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For a free legal consultation with a pizza delivery accidents lawyer serving Waco, call 800-863-5312
Types of injuries Seen by Waco Pizza Delivery Accident Lawyers
As with any car accident, victims of accidents involving pizza delivery drivers may suffer a variety of injuries ranging from minor to fatal. Some of the most common types of injuries suffered in delivery driver accidents include:
- Bone fractures
- Soft tissue injuries, such as muscle or ligament sprains or strains
- Head injuries including traumatic brain injuries (TBIs), brain bleeds, and concussions
- Neck and spinal injuries, such as damage to the spine or spinal cord, slipped discs, pinched nerves, whiplash, and cervical fractures
- Dislocated joints including wrists, shoulders, hips, and knees
- Skin burns
- Abrasions and lacerations
- Internal injuries, such as internal bleeding or damage to organs
- Bruised, cracked, or broken ribs
- Facial injuries including broken noses
- Temporary or permanent paralysis including paraplegia and quadriplegia
- Emotional and mental trauma, such as depression, anxiety, night terrors, or Post Traumatic Stress Disorder (PTSD)
If you or a loved one were involved in an accident with a pizza delivery driver, it is important to seek medical attention immediately, even if no injuries are immediately evident. Some injuries take longer to appear noticeable. Any symptoms such as soreness or aches that are seemingly minor may indicate much more severe injuries such as internal bleeding, damage to the spine, or traumatic brain injury.
If you do seek medical care, make sure to document your medical expenses.You should also keep a record of any treatments you needed after the accident. Documentation of your injuries and medical treatment will help you and your attorney in seeking the maximum compensation for your damages.
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Why is liability more complicated for a pizza delivery driver accident?
Liability after car accidents is rarely straightforward, especially when the at-fault driver is driving for business purposes. In many cases, when someone is driving their vehicle for the benefit of a business, the business will be held liable for any accidents caused by that driver because the driver is that business’s employee. However, most pizza delivery drivers are classified as independent contractors of the pizza companies instead of as employees. As a result, these companies do not cover their delivery drivers under their insurance plans. Instead, delivery drivers must use their own insurance policies to cover any accidents.
Even though the drivers are classified as independent contractors of the pizza companies rather than employees, insurance companies will consider the driver to be using the vehicle for business purposes. Plus, pizza companies often fail to inform their delivery drivers that they will need to obtain specific commercial insurance coverage to provide coverage for any accidents while delivering pizzas. As a result, accident victims are often left unable to seek compensation from the pizza company’s insurer or the driver’s personal insurance company for their injuries and damages, leaving these victims with significant financial burdens. Fortunately, the knowledgeable car accident attorneys at Zinda Law Group can use their experience helping other victims of delivery accidents to help you determine who may be liable for your accident.
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REQUIREMENTS OF PIZZA DELIVERY DRIVERS
A quick examination of the requirements that pizza companies place on incoming delivery drivers can help us understand the standards and expectations that are placed on the drivers and whether they met those standards when they crashed into you.
Note that under both of the samples we have drawn, there are no extra requirements of drivers than would be expected of the average driver on the road at the application stage. Employers have their own interviewing and training processes that applicants must complete after the application stage:
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Papa John’s Requirements for Drivers
Papa John’s only has a few preliminary requirements of prospective pizza delivery drivers. It simply requires that the applicant:
- Be 18 years old or older
- Have insurance
- Have an acceptable driving record
This is just the first stage of the hiring process, so there are additional checks on drivers at the interviewing and training stages. These should also meet industry standards, and if an employer fails to take further precautions to prevent foreseeable harm at later stages of the hiring process, the employer might be negligent. We will discuss the standard of care that employers and employees must perform in more depth in the following sections.
Domino’s Requirements for Drivers
Domino’s lists a few more requirements that Papa John’s does on its hiring website, but one could argue that those extra requirements are implied for an applicant who wants to be a delivery driver. Domino’s requires its drivers to:
- Be 18 years old or older
- Have a valid driver’s license
- Have a safe driving record
- Be able to read a map
- Be able to locate the address
- Be able to “navigate adverse terrain, including multi-story buildings”
- Have access to a vehicle that can be used for delivery
- Have insurance on that vehicle
Who is liable when an accident includes a delivery driver?
With the added complexity of determining liability after an accident involving a pizza delivery driver, a victim’s ability to pursue the maximum compensation will often depend on hiring an experienced car accident attorney. Your attorney can thoroughly investigate your accident and gather evidence to help you determine who may be liable for the injuries you sustained. Depending on the facts of your case, parties who may be liable for any injuries or damages you suffered in the accident include:
Pizza Delivery Driver
As with most car accidents, the at-fault driver will generally be held liable for the accident and any resulting injuries and damages. However, since pizza companies’ insurance coverage does not cover their drivers, and because most drivers’ personal insurance policies do not provide coverage for accidents when the vehicle is being used for commercial purposes, the driver will be personally responsible for your injuries and damages. Unfortunately, many pizza delivery drivers are often young students or otherwise unlikely to be able to fully compensate you for your injuries without an applicable insurance policy. Thus, you may need to determine whether any other parties may also be named in the suit.
While a pizza company is usually not liable for any accidents caused by their delivery drivers because of the drivers’ status as independent contractors, there are certain exceptions. In some cases, an experienced attorney may be able to hold the pizza company liable for your injuries if the company itself acted negligently and the negligence resulted in your injuries. For example, your attorney may be able to help you prove the pizza company negligently hired the delivery driver despite a history of traffic accidents or citations.
In other cases, your attorney may also be able to prove the driver should be treated as an employee regardless of his or her classification by the pizza company. While courts will rarely treat a pizza delivery driver like an employee for purposes of holding the company liable, the company may have exercised enough control over the driver for them to be treated as an employee. For example, your lawyer may be able to show the driver should be treated as employee in cases where the company:
- Dictated the exact working hours of the driver
- Controlled the routes taken by the driver
- Required the driver to deliver pizzas by a certain time
- Required the driver to wear a company uniform
- Conducted inspections of the driver’s vehicle
- Required the driver to attend mandatory employee meetings
- Subjected the driver to company policies relating to vacation time
- Maintained consistent real-time monitoring of the driver’s routes
- Required the driver to follow the company’s procedure or employment manuals
If the pizza company exercises too much control over the delivery driver and dictates both the required result and how the driver must achieve that result, then your attorney may be able to prove the delivery driver should be treated as the pizza company’s employee by the court. If successful, this means that you will then be able to seek compensation from the pizza company itself for any injuries or damages you suffered in the accident.
Finally, a third party may be liable for the accident in some cases. If your accident was caused by the delivery driver’s brakes failing because of improper maintenance by a mechanic, that mechanic or auto shop where the driver’s car was serviced may be liable for the accident. Similarly, if the accident was caused because of a manufacturing or design defect in the delivery driver’s vehicle, you may be able to hold several parties liable for the defective or malfunctioning part, such as:
- The defective part’s manufacturer
- The vehicle’s manufacturer
- The distributor of the defective part or the vehicle
- The vehicle’s retailer that sold the vehicle to the delivery driver
If you have been injured in a car crash involving a delivery driver, you should call the experienced attorneys at Zinda Law Group as soon as possible for your free consultation. Your injury lawyer will help you pursue maximum compensation for your injuries.
Read More: How long can I wait after a car accident to find a lawyer?
Demanding compensation after a pizza delivery driver accident
In addition to determining liability after your accident, your attorney will also help you seek any compensation you may be entitled to for your injuries and damages, such as:
You may be entitled to compensation for any medical expenses you incurred because of the accident. This includes any medical bills for diagnosing or treating your injuries, such as ambulance costs, hospital stays, physical rehabilitation costs, medication, necessary tests or scans, and any other medical expenses.
In addition to compensation for your physical injuries, you may also be entitled to compensation for the damage to your vehicle. Depending on the extent of your vehicle’s damage, this compensation may be the amount necessary to repair your car or to replace it.
Loss of Income
If your injuries caused you to miss work while undergoing treatment or while recovering from your injuries, you may be able to seek compensation for any time you missed because of the accident.
Pain And Suffering
You may also be able to seek compensation for noneconomic damages, such as any pain and suffering you experienced because of the accident. This can include the physical pain caused by your injuries as well as the emotional or mental anguish you suffered, such as depression, anxiety, or post-traumatic stress.
Contact our Waco pizza delivery accident lawyers near you today
Car accidents can leave you struggling to recover physically, emotionally, and financially. However, the involvement of a pizza delivery driver makes seeking compensation even more complex. Without the assistance of dedicated Waco pizza delivery accident lawyers, you may be unable to pursue the maximum compensation you may be entitled to for your injuries.
If you or your loved one have been involved in an accident with a pizza delivery driver, contact Zinda Law Group’s experienced attorneys today at (800) 863-5312 to schedule your free consultation. By quickly contacting our team after your accident, your attorney can help you understand the next steps to take to protect your legal rights and to seek compensation for your injuries and damages. Our team will handle your injury claim so you can focus on recovering from your physical injuries. You will not pay anything unless we win your case. That is our No Win, No Fee Guarantee.
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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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