CALL (800) 863-5312 TO SPEAK WITH NEW MEXICO PIZZA DELIVERY ACCIDENT LAWYERS FOR FREE
At one time or another, almost everyone has decided to forego cooking and order a pizza instead. This option is chosen often because some restaurants guarantee shorter delivery times. With the increase in demand for home delivery comes the increase of delivery drivers on the road; unfortunately this leads to more pizza delivery accidents in New Mexico. If you or a loved one have been injured in an accident with a pizza delivery driver, you may be looking to hold someone responsible for your injuries. If you believe the accident may be the result of another’s negligence, then a New Mexico pizza delivery accident lawyers may be able to help you recover the costs of your injuries.
If you are suffering an injury after an accident with a pizza delivery driver, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our New Mexico pizza delivery accident lawyers.
PIZZA DELIVERY ACCIDENT STATISTICS
According to data from the Bureau of Labor Statistics, from 2016 to 2019, over 5,000 deaths occurred in the workplace; pizza delivery and assorted “driver-sales” accounted for over 20%, or about 1,000 of those deaths. Surprisingly, pizza delivery and assorted “driver-sales” occupations are number five on the list of the most dangerous occupations in the United States. On average, there are 38 deaths per 100,000 workers in this occupation, and 29 of those deaths are due to wrecks.
Pizza Delivery Drivers Are at Higher Risk for Causing Accidents
Pizza delivery drivers are at a higher risk for causing collisions with other drivers or pedestrians, and this is due to several reasons. First, many of the delivery drivers for major companies such as Dominos or Pizza Hut, and for local restaurants in your area, are young and/or inexperienced drivers. This lack of experience can lead to hesitancy or anxious behavior behind the wheel, which can cause collisions.
Second, these drivers are often put under pressure by their employers to make deliveries in as little time as possible. Domino’s, for example, advertises that your pizza will be delivered in thirty minutes or less, or you get your money back, and this guarantee can put a lot of pressure on a delivery driver. Even if a driver is working for another company or restaurant, he or she will likely have the same pressure as a Domino’s employee because their boss is trying to compete with Domino’s; this pressure might make them engage in negligent driving behaviors such as speeding, reckless driving, driving too fast for conditions, and failing to obey traffic control devices, such as stop signs or traffic lights.
Finally, food delivery drivers of all types—whether they drive for Uber Eats, DoorDash, Grubhub, or other app services—spend much more time behind the wheel of their vehicles. When people spend more time driving, they are much likelier to be involved in accidents.
COMMON INJURIES FROM PIZZA DELIVERY ACCIDENTS in New Mexico
The injuries suffered by victims of accidents in New Mexico involving pizza delivery drivers are the same as those of any other kind of vehicle accident, whether it is two or more vehicles colliding, or a vehicle striking a pedestrian or cyclist. The number and severity of injuries a victim suffers depends on the specific circumstances of your accident. Common injuries include:
- Fractured or broken bones
- Spinal cord injuries
- Concussions
- Skin abrasions and lacerations
- Back injuries
- Burns
- Neck injuries and whiplash
- Post-traumatic stress disorder and other emotional injuries
- Wrongful death
WHAT should i do AFTER A PIZZA DELIVERY VEHICLE ACCIDENT?
The steps you take after an accident involving a pizza delivery driver are nearly identical to those you would take after a car accident. As with other types of accidents in New Mexico, what you do immediately after your accident directly impacts the amount you may be entitled to recover on your claim. If you find yourself involved in an accident with a pizza delivery driver, follow these steps immediately afterward to not only protect yourself in the short term, but to also increase the possibility of success on your claim in the long term.
See a Doctor as Soon as Possible
The first thing you should do after an accident is to assess your injuries and make sure you’re okay. Once you assess yourself, check on the passengers in your vehicle, if any. If anyone is severely injured, call emergency medical services right away.
If you are not treated on the scene, see a doctor as soon as possible afterward. Whether you are mildly injured or believe you are uninjured, you should seek medical attention anyway. It is possible that you could have latent injuries that you are unaware of at the time of the accident, and these injuries can have severe and long-lasting consequences if left untreated.
After your visit, make sure to request documentation of your injuries and treatment from your doctor. These records will help your attorney to determine the value of your claim.
Report the Accident
Call the police immediately after assessing your injuries; the police should be called regardless of whether an injury is severe or minor. If the injuries are severe, a 911 operator will send emergency services to the scene as well. Although it may seem easier to handle things between you and the other party amongst yourselves when an accident does not result in noticeable physical damage to your vehicles, the police should be called anyway.
The police will arrive on the scene to investigate the accident, and they will file an accident report after their assessment. This report is an important piece of evidence that you will need later.
Be sure to get a copy of the police report, as this will help determine fault. Your report will typically be available within a few days of the accident. There are a few ways you can get a copy of the report; you can request a copy of your report in person, by mail, by phone, or online through your local police department’s website.
Document the Accident Scene
Next, you should assess the damage to your car. If your car is still operational, and its current position is hazardous to other drivers on the road, move your car to the side of the road. Take pictures of the damage to your car.
Next, take pictures of the other party’s vehicle. Be sure to include photos of company logos, if any, on the vehicle. Take pictures of the location of the accident, including the road conditions and any intersections nearby.
Speak with Witnesses
Try to speak with anyone on the scene who witnessed the accident; have them give their statement to the police for the police report. Get the witness’s contact information as well in case you need to get a statement or more information from them later. Your attorney may also wish to contact the witnesses while conducting their own investigation, and having the contact information on-hand makes this process quicker and easier.
Exchange Information
Get the contact and insurance information of anyone involved in the accident while you are at the scene. Out of all the information you gather at the scene, this may be the most important, for without this information, it will be harder to track down other involved parties after the accident, which makes recovery for a claim more difficult. Aside from the drivers involved, be sure to get the name of the company that employs the delivery driver involved, and if possible, the company’s insurance information.
Contact a New Mexico Injury Attorney
After notifying your insurance company, treating your injuries, filing reports, and documenting the scene, you should contact a New Mexico injury attorney as soon as possible. An experienced personal injury lawyer who has handled similar cases will be able to provide sound advice for your case and walk you through your next steps.
Finding the right personal injury lawyer in New Mexico may seem difficult, but there are plenty of resources available to make the process easier. You can ask friends or family for recommendations, or even conduct a simple internet search using terms such as “personal injury lawyer,” “New Mexico personal injury lawyer,” or “New Mexico injury lawyer.”
Another option when looking for representation is to look for an attorney through the American Bar Association’s online directory. You can also find a lawyer through the New Mexico State Bar Association’s website or the referral service of your local city or county’s bar association.
Choose a personal injury attorney who has the experience and skill needed to handle your case, and a track record of success in pursing personal injury claims. Zinda Law Group’s have experience with personal injury claims involving delivery drivers and an outstanding record of success in handling matters like these for our clients.
CASE RESULTS
NEW MEXICO STATUTE OF LIMITATIONS
If you believe that your pizza delivery vehicle accident was caused by another’s negligence, contact a New Mexico injury lawyer right away, for there are time constraints, such as statutes of limitations, involved in civil cases that determine how long you will have to file your claim. In New Mexico, the statute of limitations for any vehicle accident cases is three years; this means that you would have three years from the date of your accident to file a claim.
If you attempt to file your claim beyond that three-year limit, your claim is barred. This means that it is not allowed and will be dismissed. An experienced New Mexico injury attorney will be able to help you determine when you will need to file, and if you are subject to any of the exceptions that exist to “toll” or delay the statute of limitations.
WHOM CAN YOU SUE?
When it comes to pizza delivery accidents, you may be able to hold the company the driver works for liable for the accident, as well as the driver. Whether or not this is possible depends on the circumstances of the accident.
The Driver
Some delivery drivers use their own personal vehicles to make deliveries. In this circumstance, that driver’s personal insurance coverage will not cover accidents which occur while the driver is “on the job.” When their coverage falls short, it makes it more difficult to recover for your claim, because most drivers only receive a modest income and usually cannot cover the remaining costs associated with your injury. In this scenario, it is helpful to be able to recover from their employer as well.
Drivers using their personal vehicles to make deliveries can and should purchase additional insurance coverage from their carrier which would cover accidents such as these. Unfortunately, most drivers either do not know they need this additional insurance, or their employer fails to inform them that they do.
The Employer
Employers will typically have supplemental insurance coverage in place which covers all of their drivers; when a driver is involved in an accident while “on the job,” the employer’s insurance company may be responsible for covering the additional cost beyond what the driver’s insurance was able to cover. The employer may be responsible for the actions of his or her employee (the driver) for any incident which occurs while the employee is working within the scope of his employment through a legal theory of vicarious liability. If the driver is making a delivery or travelling back to the restaurant after making a delivery, the employer may be liable for the accident as well, and it is possible to recover any excess amount of your claim from them.
If the driver is travelling to or from the restaurant at the start or end of his workday, the employer will likely not be liable. Whether the employer is responsible when the driver has gone off course for personal reasons, like running an errand after a delivery, is decided on a case-by-case basis and is uncertain.
Rideshare companies who make food deliveries have laid out when their insurance will cover drivers involved in accidents. If the driver is offline or off the app, their insurance will not cover any accidents. If the driver is “on the job” and waiting for a delivery job to generate in the app, or is actively driving to a restaurant or customer to complete a pick up or delivery, then the employer’s insurance will cover any additional cost due to an accident.
You may also be able to hold the company liable on a theory of negligence. Most companies now perform background checks on drivers before hiring to ensure they are safe and competent drivers. If a company or restaurant fails to do so, and in turn hires a driver with a history of accidents and poor driving, they may be liable for damage caused in an accident by the driver.
WHAT CAN YOU RECOVER?
You may be able to recover the costs associated with your injury and recovery through a personal injury claim. The severity of the injury and recovery time directly affects the amount of recovery for a personal injury action; your injury may leave you unable to work or perform daily tasks, and you might require ongoing medical care and extensive rehabilitative therapy. You may be able to recover the costs in the form of compensatory damages; an experienced personal injury lawyer can assist you in recovering the maximum compensation to which you are entitled.
The types of damages you may be able to recover include both economic and noneconomic damages. Economic damages are the actual, monetary costs of your injury; these damages include medical bills, lost wages, rehabilitation costs, and other unanticipated costs of your injury such as transportation needs. Noneconomic damages cover the mental and emotional toll the injury has taken on your life and are recovered in the form of compensation for pain and suffering.
In pursing your claim, you may have to deal with the other person’s, or their employer’s insurance company. An experienced personal injury lawyer can help you navigate this difficult legal terrain to ensure you receive the maximum compensation to which you are entitled.
HOW ZINDA LAW GROUP New Mexico Pizza Delivery Accident Lawyers CAN HELP
We at Zinda Law Group understand the pain and confusion you may be feeling after being injured in any sort of automobile accident. If you or a loved one have been involved in a pizza delivery driver accident, you will want one of our expert attorneys by your side to help you navigate the difficult insurance claims process, to ensure you are protected and compensated.
Our experienced personal injury lawyers will guide you through the often-complex legal system to help file your claim on time and ensure you receive the maximum compensation you are entitled to. We will take care of the legal work so you can focus on yourself and your family during this time of recovery. If we do not win your case, you will not pay any fees; this is our No Win, No Fee Guarantee.
If you or a loved one has suffered from an injury after a pizza delivery accident, call Zinda Law Group today at (800) 863-5312 for a free consultation with one of our New Mexico pizza delivery accident lawyers.
Meetings with attorneys are available by appointment only.
Our Awards
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), & NEIL SOLOMON (2020-2021)
AWARDED TO JACK ZINDA (2016-2020)
LIFETIME MEMBERS JOHN C. (JACK) ZINDA
