Pizza Delivery Driver Accident Lawyers in Roswell, New Mexico

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Chances are auto accidents do not immediately spring to mind when you think of pizza delivery. However, with tens of thousands of pizza vendors across the country deploying tens of thousands of delivery drivers, accidents are bound to happen. These accidents can be just as devastating as any other auto accident and should be taken seriously. At Zinda Law Group, our Roswell pizza delivery accident lawyers are here to help. We are honored to provide excellent legal representation to personal injury victims.

If you or a loved one was injured in a pizza delivery accident in Roswell, New Mexico, do not hesitate to speak with one of our Roswell personal injury lawyers as soon as possible. Call Zinda Law Group at (800) 863-5312 for a 100% free consultation with experienced Roswell pizza delivery accident lawyers today.

Case illustration – on the job or not?

One evening in January 2019, an intoxicated driver crashed into the fence of a Roswell family home around 7:00 p.m. A member of the household explained how happy they were the driver hit the fence instead of the house: “We got kids sleeping in the bedrooms or ourselves, you never know. . . But he could’ve done a lot of damage if he did hit the house.”

A breathalyzer test revealed that the driver’s alcohol level was over 0.19, more than twice the legal limit. Deputies reported finding several bottles of vodka in the driver’s vehicle; one was completely empty. The driver was ultimately arrested for DWI and for not having insurance.

It happens that the driver was employed by a local Domino’s Pizza. Though it was not clear whether the driver was on the job, pictures of the scene revealed that he was wearing his work uniform and displaying a sign bearing a Domino’s logo on top of his vehicle. Domino’s offered no comment except to say that the driver did, in fact, have insurance as required by company policy.

Who is liable? The following section will draw on this case illustration to explore the all-important issue of liability.

Read more: “Pizza delivery driver crashes into New Mexico family’s fence.KRQE News, 31 Jan. 2019.

Establishing Liability

Liability: the be-all and end-all in any personal injury case. Who is at fault? To those involved in an accident, this may seem like a straightforward question meriting a straightforward answer. Sometimes it is, and sometimes it’s not.

In the food delivery context, the question can become particularly complex. For example, in the illustration above, the intoxicated driver was clearly at fault. But can liability be extended to Domino’s?

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How You Can Hold a Delivery Driver Liable

In any auto accident, the first potential at-fault parties are the drivers themselves. Were they speeding? Did anybody fail to signal properly? Did someone wait too long to start breaking on a wet road?

Ultimately, the array and combinations of errors, lapses in judgment, miscalculations, etc. that may give rise to accidents and injuries are, quite literally, limitless. How is this range of possibility accounted for in the law? The answer is an intuitive and flexible legal concept known as negligence.

Delivery Driver Negligence

Negligence is by far the most common cause of action brought in personal injury cases. When someone’s unreasonable behavior causes injury to another, the injured party may seek compensation by alleging negligence.

To successfully argue negligence, plaintiffs must prove four elements. If any of these elements are not successfully shown, the plaintiff’s case fails.

  • Duty: Defendant owed plaintiff a duty to use reasonable care.
  • Breach: Defendant breached their duty.
  • Harm: Plaintiff suffered a harm.
  • Causation: Defendant’s breach of duty caused plaintiff’s harm.

The first element—duty—is the legal threshold. Without a duty, there can be no breach, harm, or causation.

So, what is the duty to use reasonable care? It is simply the duty all Roswell community members owe to each other to always behave as a “reasonable person” would in order to minimize risk of harm to others. As a quintessential example, all drivers owe a duty to operate their vehicles safely.

Comparative Negligence

Though in most accidents one party bears most fault, most states have adopted a modified form of negligence known as “comparative” negligence. This simply means that, where multiple people are involved in an accident, liability is divided among them based on how much each person contributed to the accident.

For example, imagine an accident between a Roswell pizza delivery driver and a family driving an SUV-type passenger vehicle. On one hand, the delivery driver was speeding to deliver the pizza as hot as possible and in hopes of receiving a higher tip for good customer service; the jury determines that the speeding contributed 70 percent to the accident. On the other, the driver of the family vehicle failed to signal because the father in the car was distracted by the children in the backseat; the failure to signal contributed 30 percent.

The family’s injuries amount to $1 million in damages. However, because the father’s negligence contributed 30 percent to the accident, the delivery driver is only liable for $700,000 in damages.


Statutory Negligence (Negligence Per Se)

Some actions may also amount to “negligence per se.” When someone violates a regulation or statute without adequate justification, the violation may be deemed automatically negligent—that is, negligent per se. The defending party may be liable for any resulting injuries or property damage. In other words, the concept of negligence per se spares injured parties from having to prove each individual element of traditional negligence.

Negligence per se is likely applicable in the case illustration Roswell accident discussed above. It is clearly illegal to drive intoxicated. Therefore, the Domino’s driver may be deemed automatically negligent for violating a clearly established law.

The driver is personally liable for the property damage. If anyone had been injured as a result of the accident, the driver would have been personally liable for that as well.

How to Hold a Pizza Vendor Liable in Roswell

Establishing the negligence of individual drivers is the first step in filing a case for personal injuries stemming from auto accidents. However, even if you secure a judgment acknowledging the full extent of your damages, individual drivers are not always able to pay those judgments. Further, in the food delivery context, delivery drivers’ personal auto insurance policies generally exclude coverage for “commercial use.” This almost certainly includes food delivery.

In these situations, accident victims can alternatively try to hold the food vendor directly liable. This may be accomplished in at least two ways: (1) direct liability and (2) vicarious liability.

Employer Negligence (Direct Liability)

Just like a delivery driver who fails to use reasonable care, a driver’s employer may also be liable for negligence. An employer may be found negligent for any number of reasons, but the general elements of negligence remain the same—duty, breach, harm, and causation.

More specifically, an employer may be found directly liable for “negligent retention” and “negligent training/supervision.” Put simply, if for some reason the employer had reason to know that their employee presented a heightened risk to the public, an employer may be held directly liable for failing to take appropriate precautions.

In determining employer liability for negligently retaining, training, or supervising a risky employee, the doctrines of comparative negligence and negligence per se (discussed above) also apply. Experienced Roswell personal injury attorneys know how to gather the evidence that will prove whether or not the employer was guilty of any of these kinds of negligence.

Respondeat Superior (Indirect Liability)

A food vendor may also be indirectly liable for the actions of their employees. Specifically, plaintiffs may invoke the doctrine of respondeat superior, which allows employers to be held liable for the negligent actions of their employees.

Of course, this first requires proving that an employee’s negligence caused an injury. But it also requires evaluating whether the employee was acting in the “course and scope” of their employment. Secondly, did the employer have a “right of control” over the employee’s conduct at the time of the accident? Courts will generally not hold an employer liable for employee negligence that had nothing to do with—or was not a foreseeable result of—the employee’s work.

In the Roswell illustration, the evidence arguably points in both directions. On one hand, the facts do not suggest that the driver was actively delivering pizza. Therefore, the accident may not have taken place during the “course and scope” of the driver’s employment.

On the other, he was wearing a work uniform and had a Domino’s sign fixed to his car. This may suggest that not only was he operating in the “course and scope” of his employment, but also that Domino’s enjoyed a significant right of control over his actions at the time of the accident.

Further, it is essential for you and your food delivery accident lawyer to prove that the worker was in fact an employee and not an independent contractor. Subject to very few exceptions, companies will not be held liable for the negligence of their independent contractors.

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I had the privilege of working with Zinda Law Group recently and was thoroughly impressed with the level of service and support they provided. When we began, I had reservations about the likelihood of reaching a settlement, but the team's professionalism, intelligence, and dedication quickly put those doubts to rest. They went above and beyond to ensure that I was informed and comfortable throughout the process, and their hard work and strong advocacy ultimately led to a successful outcome. I cannot thank Zinda Law Group and their staff enough for their exceptional service and support, and I would highly recommend them to anyone in need of legal assistance. Their commitment to their clients and their willingness to fight for what's right truly sets them apart. In short, I give them a rating of five stars for their outstanding work.
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My experience with Zinda Law Group was pretty awesome. I definitely would recommend their Law firm. Brendan and his team were very friendly, helpful and informative about my case and were able to win as well. I really appreciate all of their hard work and dedication, I highly recommend.Thank you all again for your help and your time.Sincerely,Pat.b
I was very satisfied with the professionalism of my attorney and the paralegals, they helped me threw this accident and got me a great settlement, all while keeping me involved and informed. Zinda law group made me feel comfortable and I trusted them to fight for me. The trust was well placed! Thank Yous, I appreciate all that Yous done for me and my family!!
I’ve had such a great experience with Zinda law group! They’ve handled everything relatively quickly and professionally. They really have made my life a lot easier. I recommend anyone dealing with auto accidents (or similarly) to Zinda Law group.I felt I was very important to them and that my feelings and thoughts were validated. They treated me with much care and respect, not like “just another client”. I couldn’t have asked for a better team.
I truly recommend Zinda law group they truly helped me and my family during such a hard hard time. Very accommodating they work extremely hard to make sure that you are compensated from start to finish they made it happen and made a rough time a lot smoother than I could of ever imagined thank you all for everything if you are looking for a lawyer that goes above beyond look no further Michael will get you taken care of!
Zinda Law did an excellent job for us from start to finish. They communicated clearly and their staff was great! My son Nic was in a car accident and had an injury to his eye. Zinda Law took care of everything start to finish and obtained the maximum amount possible from insurance for his injury.
I am so glad I called Zinda law group. being hit by a drink driver was the worst experience of my life physically and emotionally. As soon as I reached out they got the ball rolling with all my medical needs. They were in contact with all of my appointments and made my recovery as smooth as possible. I would definitely without a doubt recommend them. A huge shout out to Shivangi for taking over and fighting for what my family and I deserved.
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I hired Zinda for a crazy situation involving an 18 wheeler where an object flew off a trailer and blasted through my windshield.I reached out to Zinda and spoke with Michael Cupero, my attorney at Zinda, after the accident once I realized this is affecting my day to day life in a significant way (PTSD from a "Final Destination" type of incident) and Michael was nothing short of fantastic through the entire process.The Zinda team, including Michael and Mary-Catherine Holt and several others, guided me through the entire process from initial settlement offers, filing the lawsuit, depositions, the whole 9.They listened to my concerns, provided clarity and perspective when needed, and not once did I feel that my best interest was not at the forefront of their actions and behavior through my experience as a client.Thank you Michael, Mary-Catherine and Zinda!If you want a team that will treat you with professionalism, respect, and understanding then do yourself a favor and reach out to Zinda!
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My experience with Zinda law group has been wonderful from start to finish. Natasha and Emily explained everything very well and answered any questions I had, communicated well throughout the whole process , and handled the case very professionally, they worked very hard on my case I would definitely highly recommend to friends and family.
I found myself in a situation where I needed legal representation. After looking over reviews in the area, I decided to contact Natasha at Zinda law group in the hopes that she could represent me . Natasha put me at ease with her responsiveness and her ability to accommodate my last minute needs. I had no idea what to expect. It felt like a wave of relief knowing that you're working with a professional that knows what she's doing, and knows how to get things done quickly and efficiently. I appreciate the time and attention that Natasha put into my case. I hope I won't be needing their services again in the future, but I would absolutely contact them again if I do. Thanks again
I am very satisfied with the service and the outcome of my case.Since the first phone call, and every step of the way until the end, Zinda Law was on top of every detail pertaining to my auto accident case.The case is now closed, and looking back, they made every step of the process easy and manageable. They were very thorough in explaining the different scenarios, and extremely transparent with all the possible outcomes.Thank you to every person who aided in the success of my case, all of whom were exceptional in their tasks and working as a team.
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I would like to recognize a fantastic attorney named Joe Caputo from Zinda Law Group. I was involved in an auto accident that had many complicated moving parts that were hard to navigate and understand as a victim. Joe was so gracious and spent quality time explaining what courses of action I needed to take as a victim to protect myself. Joe was also diligent in following up with me regarding my case and provided guides and checklists that were extremely helpful to keep things organized and moving. Joe was always readily available for my questions and responded promptly. Joe Caputo's excellent counsel ensured I protected myself when dealing with the opposing insurance company and ensured the best possible outcome for my case. Joe's expertise in personal injury lawsuits helped alleviate the stress and anxiety that follows the aftermath of an auto accident. Thanks again Joe! You are truly an amazing, kind person and attorney!
Zinda Law was incredibly amazing. I had the pleasure of working with Michael and his incredibly hard working team after my wreck in November. They went above and beyond keeping up with my health, bills, insurance companies, all that fun stuff I had no time for. After what felt like such a short amount of time, they were able to win every last penny from the "bad guys" insurance (loved that term). I couldn't happier, and even though I went through something traumatic, it was still the best experience I could have ever asked for. Thank you Michael and everyone that helped with my case, yall are the best!!
My attorney was Christina , she and her team gave me the best outcome for my case .I am giving an honesty review at first I was very upset because I kept getting moved around and I never knew who I was talking to because they switch attorneys and kept changing my paralegals.. I was going to go with another law firm but Christina helped me with my case from then on out and she worked around my schedule to talk to me which I appreciate. Also my last law firm took 30 percent, and this one took 33 percent which I wasn’t to happy so just a heads up. Overall I rate this 4 stars cause I’m just happy the case is over with and I get to go back to my life.Update: I just received another call from my attorney and they have worked to negotiate my case with the billing and have put more money in my pocket. All the money that I had spent while working on the case has came back to me. I can fully move on and say that I have gain every penny that was lose during those hard times. I’m so happy and thankful to Zinda law group!!!!!!
Zinda Law Group did an excellent job with my case. The staff was super friendly and super effective as far as communicating with me throughout the entire case. I highly recommend Zinda Law Group for your next case and for any of your future cases. 5 Stars across the board thank you so much for everything!
Joh Harper, Priyonka Bhikha, and the rest of the team gave my case a quick and satisfactory conclusion. The attorney, Mr. Harper did an absolutely amazing job keeping me on the same page as far as the case goes. Honestly, if anybody is hurt in a car wreck or another personal injury case, I WILL STRONGLY RECOMMEND THAT YOU SPEAK TO THEM.
I was in a motor vehicle collision about two years ago. From the minute I picked up the phone to speak with a representative to the case finally settling, it was a great experience. I worked with Burgess Williams and his team (Kathy, Ryan, and Linda) throughout the process. They were all very professional and helpful when I needed them the most.
Great Firm. I was in motorcycle accident- T-boned at a full stop with my daughter riding on back. Zinda's team was instantly responsive. Christina was very compassionate, organized and scheduled time before every legal event to discuss goals and overview. The process was 2 years but during that time the lawyers and staff (John and Shane were also great) were always available and understanding. The team is focused on doing what is right and by the book. I would highly recommend this firm to anyone who is suffering from a motorcycle accident.
Jason Aldridge and his paralegal Mara did an absolutely amazing job on my case. They were very responsive to all emails, calls and even texts. They treated me with dignity and respect from start to finish. I never once felt like my case was at the back of the list or anything. Not only did they explain and walked me through everything, they got me the help I needed and a final outcome over what I had expected. I would highly recommend this law firm, Jason and Mara to anyone seeking legal assistance.
Highly Recommended-100% Satisfied!.From the initial phone call I felt confident I chose the right firm. They explained the process and I was always in the loop, even when we were at a stand still. Very grateful I was quickly referred to them by a friend who had a similar case. Both of us are happy with the end result. Thank you!
My team of lawyer were very professional and communicated extremely clearly. They kept me updated on their status and did not make me worry at all about my situation. They explained everything to me very well and put things into simple terms for my understanding. I am very satisfied with their performance.
I would recommend them to anyone that's been involved in an accident and feels skeptical in engaging an attorney.When one gets into an accident, you're traumatized, confused, angry and helpless.That was me last year, getting all kinds of advice becomes your next norm, to use or not to use an attorney.I was in so much pain from my injuries but at the same time knew I had to act fast.I called Zinda Law Group for consultation, they took my case seriously and treated me with respect, they were very professional and understanding.Elizabeth, kudos to you, you're true to your word, Integrity should be your last name.Jason Aldridge my attorney went to work immediately, he assured me that all be well and I should concentrate on my healing and he will do the rest. Thank your Sir, You did just that.His team, Mara, Zuleyma and Andrew, they all become my support system, so professional and lots of respect in each and everyphone call or email. Thank you guys.I would recommend anyone to use Zinda Law Group.
I honestly loved not dealing with the hospital bills while I was recuperating. It gave me peace of mind going through this process and Zinda took care of everything. They found awesome health providers for me and haven't had to worry about anything while they've been taking my case. I've been well informed, communicated with, responded to and understood by Zinda. They have been efficient and effective while working on my case and I'm so glad I choose to go with this law firm.
When I was injured in a car accident in March of 2020 the insurance companies were not concerned with my well being. I called Zinda Law group & spoke with Reagan, who went over my concerns & later had Jono contact me. After reviewing my information with Jono my case was immediately put in motion. I worked mainly with Sam Thomas who truly was a blessing to me, he was very supportive & genuinely concerned with my well being, everything wasn't simply about the case it was about me being healed & getting the proper treatment that I needed. Sam was also emotionally supportive when I went through several losses in my family & is a great friend. In all everyone was extremely supportive & all worked for me which was quite a different legal experience for me from Law groups in my past. I was well supported, always informed, treated with respect & made the priority in all decisions. Zinda Law Group made sure I was compensated completely & that I didn't have financial stresses over hospital bills after all was said & done. Sam, Katrina, Mary Catherine, Reagan & Jono I just want to thank you & all of Zinda for the incredible experience & the wonderful caring people that you all are, you are truly Golden in your field.
I am so glad I got in touch with Zinda! My car accident occurred just 4 days prior to moving, during the busiest week of the year at my job, and just a week before the quarantine was declared a new reality for all of us. Everyone at Zinda remained persistent, supportive, and most of all advocated for me throughout such a chaotic time. I’ll always be grateful for the care they took to make sure my health and well-being were taken care of. So super grateful to know that a split second mistake someone else made doesn’t have to dictate my life. Thanks!
My experience with Zinda Law Group was better than expected. After an accident that totalled my car, I reached out and was paired with a wonderful attorney. She communicated frequently and responded to my calls and texts in a timely manner. She was friendly, knowledgeable, and answered all of my questions. I was kept in the loop during every step of the process. I would call Zinda Law if I ever need this type of support again.
I had an excellent experience working with the attorneys at Zinda Law Group! They were knowledgeable, professional and patient. They walked me through every step of the long process of getting treatment after my car wreck and kept me updated with timeframes and next steps. I would absolutely recommend anyone working with them!
They helped me with so much! I had a dog bite happen 2019 and it was very heart breaking! This law group made everything so easy to help me through a rough time! John Rogers and Shane Eckert were very easy to talk to and open about if I needed to talk about frustrations I had with bills. Everything got closed before Christmas and I was so blessed! I highly recommend them no matter what! Thank you guys so much!
Zinda Law Group helped me with my personal injury case after an auto accident. I was hurt pretty badly and I wasn't sure which attorney to call, I looked at reviews for Zinda Law and called right away.Kaitlin Nares and her team were so responsive and helpful. Kaitlin called me right away and helped me navigate through a very difficult process and time in my life. Being hurt in a car accident changes you!!! My case settled for more than I thought it would, and a lot quicker. I know sometimes things are more complicated, but my case was settled in only 3 months after my accident. Mary-Catherine was also so helpful in making sure everything was finalized! I have referred two people who have recently been in auto accident because it's not IF, its WHEN these days... I usually don't write reviews unless I feel strongly about sharing my experience to help others! Thank you!!!
I was referred here by a family member. Our lawyer jason and his team did and amazing job. They kept me updated in everything made sure I understood what was going on. My son was hit by a van in the hospital jason came right over. He's awesome so much down to earth straight forward. I would recommend him and his firm to everyone and I have thank you zinda but most of all thank you Jason for being there for us for being a friend
Zinda Law Group was recommended to me from another satisfied client and I certainly received excellent service. The attorneys and staff are very proactive with communication and I knew every step of the way what was happening on my case. I never felt pressured with decision making and they went above & beyond to answer questions with satifactory explanations. This is a very professional group of attorneys & support staff. In addition, they were willing to meet me at a location more convenient for me. I appreciated their concern for my time.
Could not speak highly enough of the firm. I was involved in my first accident and thankfully had Zinda Law Group supporting me through the scary time. Jono took care of me every step of the way. He made me feel like I was a priority through the entire process. A big thank you to Jono and the rest of the Zinda crew!

TWIST: How to Hold a Franchisor Liable

If the at-fault delivery driver in your accident worked for a local pizza joint, chances are this section will not apply to your case. However, many iconic pizza companies like Domino’s operate under a franchise model. In these circumstances, the franchisor (e.g., Domino’s Pizza) establishes a brand and repetitive business model, which is then deployed through franchisees (e.g., licensed operators of individual Domino’s locations).

Just like an employer may be held liable for the negligence of their employees, franchisors may be liable for the negligence of their franchisees. This provides another valuable route toward compensation for injured plaintiffs.

One of the overarching principles of this kind of liability is that, generally, the franchisor must have had had some right of control over the franchisee’s negligent conduct. For example, if the franchising license required the franchisee to promote a “30-Minute Delivery” guarantee that was later found to encourage their delivery drivers to speed on the road, the franchisor could potentially be held liable for resulting accidents.

Read more: Janofsky, Michael. “Domino’s Ends Fast-Pizza Pledge After Big Award to Crash Victim.The New York Times, 22 Dec. 1993.

Twist: How to Hold a Food Delivery Provider Liable

Of course, pizza is the most iconic delivered food, and the pizza industry in America is largely built on the delivery model. However, since the introduction of smart phones over a decade ago, food delivery services have proliferated. DoorDash, Grubhub, and UberEATS are currently the leaders in this market.

In the event of a delivery accident, are these providers subject to the same rules governing brick-and-mortar locations? The answer is, “Yes and no.” That is, like any other company, Uber may be held directly negligent or even vicariously liable for the negligent actions of its employees.

However, because respondeat superior does not apply to independent contractors, companies like Uber have striven for over a decade to ensure that their drivers are considered independent contractors and not employees. Their degree of success varies widely across jurisdictions, and in many states the law is still in flux.


As the foregoing discussion shows, establishing liability in the event of a food delivery accident can involve a number of legal complications. Cases become even more complex when applying abstract legal concepts to facts.

Further, the greater the monetary stake, the more vigorously defendants will fight to shift blame. At the end of the day, food delivery accident victims are highly advised to seek the advice of an experienced attorney nearby.

If you were injured in one of the many pizza delivery accidents in Roswell, do not hesitate to reach out to a personal injury attorney today. A free consultation with one of our Roswell injury lawyers is only a phone call away.

What is a statute of limitations?

Of course, personal injury victims need the help of attorneys to create sound strategies for securing compensation. However, regardless of your ultimate strategy, every personal injury case is governed by a statute of limitations. Simultaneously, this is perhaps the simplest and most consequential aspect of all personal injury cases.

Each state sets a deadline for filing a case seeking compensation for personal injury accidents. This deadline is known as the statute of limitations. In most states, the deadline is set at two years after the date of the accident; the law is more generous in New Mexico and sets the deadline at three years after the date of the accident.

Because the deadline acts as a virtually absolute bar to your case once it passes, you should bring your case to a personal injury attorney well before it passes, as soon as possible. Not only will this ensure that you do not miss the deadline, but it will also give your attorney maximum time to evaluate your facts, investigate the law, gather evidence, and help you chart your way toward satisfactory compensation.

Read more: N.M. Stat. § 37-1-8, Statute of Limitations

Roswell pizza delivery accident lawyers can help

Over the years, delivered pizza has become a cultural icon. Whether for a child’s birthday or a college fraternity party, an office gathering or a late-night study session, ordering pizza is ubiquitously popular across America. One thing about these deliveries remains true no matter the location or the occasion: the more drivers on the road, the greater the likelihood an accident will occur.

At Zinda Law Group, we believe every personal injury victim deserves excellent legal representation. Our Roswell injury attorneys pride themselves in providing that representation. If you or a loved one was injured in a pizza delivery accident in Roswell, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with one of our Roswell pizza delivery accident lawyers.

Our clients pay nothing unless we win their case. That is our No Win, No Fee Guarantee.

Meetings with attorneys are available by appointment only.

Our Awards

Trucking Top 10 Trial Lawyers


Super Lawyers Rising Stars

AWARDED TO JOHN C. (JACK) ZINDA (2009, 2011-2012, 2014-2021), JOE CAPUTO (2019-2021), BURGESS WILLIAMS (2019-2020), & NEIL SOLOMON (2020-2021)

National Top 40 Under 40 Trial Lawyers

AWARDED TO JACK ZINDA (2016-2020), JOE CAPUTO (2016 – 2020) & BURGESS WILLIAMS (2016-2017)

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