Individuals and families often order meal delivery instead of going out to a restaurant. However, delivery drivers can sometimes cause wrecks in their attempts to get hot food to their customers.
The car wreck claims process can get complicated when a delivery vehicle is involved. You should contact a Mankato food delivery accident lawyer from our firm as soon as possible if you were injured in a crash. Our auto collision attorneys at Maschka Personal Injury have a long record of successfully pursuing all types of vehicle collision claims.
There are more food delivery drivers on the road now than ever before. Food delivery services have exploded in popularity, and many households use them regularly.
Many of the drivers may be inexperienced with driving in Minnesota winters, or they could be fatigued, since people trying to make a living in the gig economy often have several jobs. In some cases, drivers may be looking at activity on the app or speeding to make a timely delivery.
Our Mankato attorneys can review evidence such as the police report, video footage, and witness statements to determine whether an accident was the food delivery driver’s fault. We can also request the driver’s cell phone records to confirm whether they were in the process of making a delivery when the crash occurred.
In some respects, a wreck with a food delivery driver is just like any other. You will turn to your own personal injury protection (PIP) to pay a portion of your medical bills and lost wages. Your PIP covers those costs regardless of who is at fault for the accident.
You can file a legal claim against the at-fault driver if your injury meets the tort threshold. This threshold is described in Minnesota Statutes § 65B.51 and allows you to file a legal claim if one of the following is true:
Filing a legal claim allows you to recover expenses your PIP did not cover, as well as seek damages for your pain and suffering.
If the at-fault driver is a food delivery driver, others might have legal responsibility. Our Mankato attorneys will review the circumstances of a food delivery collision to determine whether a restaurant owner or transportation network company could be liable for your injuries.
Some restaurants use their employees to make food deliveries. In that case, the restaurant is likely to be liable for the driver’s negligence. If the driver’s personal car insurance does not cover your damages, the restaurant’s insurance should pay.
Drivers for delivery companies are typically independent contractors using their own vehicles, and the driver’s personal insurance may be primary in these cases. However, if the driver does not have an insurance endorsement for commercial use of the vehicle, the driver’s personal insurance might refuse to pay. The driver’s personal insurer and the food delivery company’s insurer may each claim the other is responsible for the accident, so you should work with a Mankato attorney who will advocate for your interests.
These companies carry substantial coverage that you can access in some cases. If a driver is logged into the app and waiting for a delivery when they get into a wreck, the company’s coverage offering $50,000 personal injury protection may apply. The companies also have policies with $1 million coverage limits that apply when the driver is on the way to pick up an order or has a delivery in the vehicle.
If you were injured in a wreck and need help from a Mankato food delivery accident lawyer, contact Maschka Personal Injury. Our firm is committed to strong advocacy, responsive communication, and excellent results. We are based in Mankato but serve clients throughout the area, so call us today to discuss your options.
