Are Pizza Shops Liable for Accidents Caused by Their Pizza Delivery Driver?

Pizza delivery drivers getting into car accidents can prove to be a tricky situation. Delivery drivers, more often than not, are considered independent contractors. Employers are directly responsible for employees, but independent contractors are not considered to be employees. With independent contractors, employers are not required to pay payroll taxes, minimum wage, or overtime. Employers do not have to comply with other wage and hour law requirements—like, meal periods or breaks. Employers do not reimburse independent contractors for business expenses; do not supply workers’ compensation insurance, unemployment insurance, disability insurance, or social security.

Pizza delivery companies, like Pizza Hut, Domino’s, or Papa John’s, do not have insurance coverage for their delivery drivers. Rather, delivery drivers are responsible for their own coverage. Here is where it gets tricky. Most personal insurances do not offer coverage if the car accident occurred while the driver was using the vehicle for business—like, delivering pizza. Additionally, some of these pizza delivery companies fail to tell their delivery drivers that they need a specific type of insurance. Pizza delivery drivers need to have a commercial insurance policy in order to be covered during an accident while working. However, most employees are unaware of this.

The top-rated Normandie Law Firm answers hundreds of questions per day. Here are a few frequently asked questions in relation to pizza delivery drivers and company liability:

• Is Domino’s responsible for a car accident caused by a delivery driver? Is Domino’s liable for a car accident caused by their delivery driver? Can I sue Domino’s if I got into a car accident with a Domino’s delivery driver?
• Is Pizza Hut liable for an accident caused by their delivery driver? Can I sue Pizza Hut if I was injured in an accident with a Pizza Hut delivery driver?
• Can I file a lawsuit against Papa John’s Pizza if I was injured in an accident with a delivery driver?

We will address these questions in different areas of this article. If you have any other questions, feel free to contact our skilled attorneys with experience in delivery driver accident cases.

Our Recent Verdicts and Settlements

Liability

If you are ever involved in a car accident with a delivery driver, you should assume that the pizza company will not be liable. Because most of the delivery drivers are independent contractors, pizza companies automatically are not responsible for the drivers. Delivery drivers would be held accountable for any damages. However, it is possible to establish that a pizza delivery driver is really an employee—to make the company liable.

In 2013, both Domino’s and the delivery driver were found liable for a pizza delivery accident. The accident left a 65-year-old woman dead, and her 70-year-old husband permanently brain damaged. Normally, only the driver would have been responsible; however, the driver was speeding in order to meet Domino’s delivery policy. This, alone, transferred liability to Domino’s.

A delivery driver’s work status—of either employee or independent contractor—can be reevaluated and changed regardless of an independent contractor agreement. Here are some factors that determine a delivery driver’s work status:

• Company control over driver routes and schedules
• Procedure manuals
• Policies relating to vacation time
• Mandatory meeting
• Company uniforms
• Inspections
• Real-time monitoring of routes

An independent contractor is a worker responsible for achieving a certain result; he or she decides how to achieve the result. A pizza delivery driver is responsible for achieving delivery; however, he or she is told how to achieve it. The delivery driver is given a route and is expected to follow it. Although the delivery drivers may be considered independent contractors, an experienced lawyer may still be able to prove that the driver is really an employee—making the pizza company responsible.

The pizza company will try their best to elude responsibility for delivery driver-caused accidents. However, these pizza companies—Pizza Hut, Domino’s, and Papa John’s, among others—push their drivers to deliver their pizzas as soon as possible. The pressure to delivery multiple pizza orders while trying to meet deadlines, can cause delivery drivers to drive recklessly. Reckless driving increases of drivers causing an accident.

Contact Normandie Law Firm, one of the top legal groups in Los Angeles, for an evaluation of your situation. Our experienced lawyers will work endlessly until we can prove that the pizza company is responsible for the delivery driver’s actions leading to the accident.

Filing Your Case

If you have been involved in a car accident with a pizza delivery driver, either from Domino’s, Pizza Hut, or Papa John’s, you must contact Normandie Law Firm immediately. Dealing with delivery drivers and their alleged independent contractor status may be confusing. Our expert legal staff can answer all of your questions and remove all your doubts. Our qualified attorneys with experience handling delivery driver accident claims will evaluate your situation and guide you throughout your lawsuit.

Remember, there is a time limit to file your claim. The Statute of Limitations for injuries arising from car accidents is a short two years. This means that you have two years from the date of the accident (and date of the injury) to file a claim. If you did not know you sustained an injury until after the accident, you have two years from the day you discovered the injury to file a claim.

Here are some of the damages you may be eligible to file for:

• Medical Expenses — Serious car accidents can cause a large variety of physical injuries. Some of these injuries include Head injuries, back injuries, scrapes, cuts, and bruises. Head and back injuries may require thorough testing and treatment. Some injuries can be permanent and can require constant medical attention. This can create a financial burden for victims of car accidents. If you are eligible to be compensated for your medical expenses, you may be reimbursed for any medical bills related to the injury you acquired in the car accident.
• Loss of Wages — Serious injuries sustained in car accidents can keep you out of work for some time. Sometimes, the injury can be so severe that you can no longer work. If this is the case, you will be compensated based on your wage history.
• Property Damage — After being in a car accident, your car may need repairs. The compensation you receive for property damage will depend on the extent of your car’s damage.
• Pain and Suffering — You may be compensated for the mental and emotional anguish sustained because of the accident. Car accidents, besides the physical pain of any injuries sustained, can cause other suffering. Car accidents can cause mental and emotional distress, and as a result, a victim may experience anxiety or posttraumatic stress.
• Punitive Damages — Punitive damages aim towards preventing that the incident is repeated ever again. These damages are very difficult to win, and only an expert lawyer experienced in delivery driver accident cases will be able to successfully argue for them in your settlement.

The Normandie Law Firm

Normandie Law Firm offers our clients free consultations. You can call and schedule an appointment with an experienced attorney as soon as possible at no charge to you. We also offer our free second opinions. If you already have an attorney, but you are not satisfied with the way he or she is handling your case, feel free to contact us for a second opinion. We are committed to giving you all the information available. An accomplished attorney who has experience in delivery driver accident cases will be able to assist you.

Normandie Law Firm offers you a Zero-Fee Guarantee. We know you are going through a stressful situation and we do not want you to have to worry about any upfront fees. We are strictly based on contingency. This means that you are not expected to pay anything unless our expert lawyers win your case. We want to help you win your case; contact Normandie Law Firm today to speak with an attorney with expertise in delivery driver accident injury lawsuits.

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