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Hit by a Food Delivery Driver: What You Need to Know

Unfortunately, accidents happen on the road all the time. According to the 2021 accident statistics over 45,000 deaths happened due to road accidents.

Sometimes these accidents happen when food is being taken from one location to the next. If you have been hit by a food delivery driver, there are some special steps that you will need to take to get the compensation you deserve. Here’s a look at what you need to do.

Call the Police

The first step you should take is to call the police. Calling the police will help you to ensure that there is a legal record of what has happened.

While waiting for the police make sure you get the name, the contact information of the delivery driver and find out exactly who is their employer. Another thing you can do is to find out the insurance details for the driver as well.

If possible start taking as many pictures of it as you can of the accident site, and your injuries. Be sure to get the name and contact information of all the witnesses.

Get Medical Help

The next thing you need to do is seek medical attention. Even if you think you feel fine you should go ahead and get medical attention.

Often immediately after an accident, there is so much adrenaline pumping through your veins, it can mask the pain of a food delivery accident injury. Once your body has had the time to come off the high of the experience, you may notice an issue.

Not only is this the best way to make sure that you do not suffer any long-term injuries, but it is also often beneficial for your case. You are going to need a medical report when you file your claim.

Make sure that you do follow-up appointments as well. Follow-up appointments are important, as they will help to prove any long-term impact the accident may have had on you.

Say Less

You must try to use your words carefully after you’ve had an accident with a delivery truck driver. Never admit to any type of blame for what happens.

An investigation will be done and the person who is at fault will be determined. You do not need to accuse anybody or take on any form of responsibility at the moment.

Be careful of giving any kind of statements that will even hint at being liable in any way.  Also, make no comments about your medical history, and do not try to downplay them in any way. Your doctor will determine the injuries and their extent.

Gather Evidence

Just as with any other case you are going to need to gather as much evidence as you possibly can to prove your case. The more evidence you gather the better it will be for you.

At this point, you should have a lawyer involved. A lawyer can help you gather the necessary information and obtain all the data you need to help build your case.

If there are any witnesses to the accident you need to get their statements. Your lawyer will probably do a better job than you at collecting police reports, medical reports, photographs, traffic camera videos, and witness statements, so allow them to do their job.

Who Should You Sue?

One of the things you may struggle with after you have been in an accident with a food truck delivery driver is who you should sue. Talking to your lawyer about this is a must.

The driver will usually work for a company but they work for these companies on contract. In this case, the food delivery driver is an independent contractor and is responsible for their legal troubles.

If the food delivery driver is not an independent contractor then the lawsuit is likely to be directed at the company that they work for. This will give you a better chance of getting a larger compensation.

Drivers who work as independent contractors with food delivery companies may not have the finance to pay for their injuries.

Your lawyer can do a background check to find out whether or not the driver has been involved in other accidents before you. If they have a track record of dangerous driving then this will prove beneficial for your case.

If the company that a driver works for is a franchise then you may be able to get compensation by suing the franchise.

These types of restaurants often give out contracts to business owners, but in some cases, the franchise can be held liable for your injuries.

Proving liability for a franchise can be a little bit difficult. However, it is not impossible, especially with a qualified attorney. Be prepared for these types of cases to drag on.

However, in some cases, your lawyer may advise you to settle if you are getting a good deal. Just be sure you are comfortable with whatever is being offered to you. You will not have a chance to go back once you sign off on the package you are getting.

Get Legal Help When Hit By a Food Delivery Driver

Getting legal help is one of the best moves you can make in a case like this. Many complications can arise and you want to make sure that you have a strong legal team behind you.

A strong legal team will ensure that you are not taken advantage of when filing insurance claims. Remember, that insurance companies will always try to do whatever they can to avoid liability.

With an experienced lawyer at your side, you will not have to worry about this. If you have been hit by a food delivery driver and need legal help, don’t hesitate to contact us.


In short, after a car accident, you may not know your rights. Above all, don’t struggle through the process alone. Actually, our personal injury team is here to help you with any legal needs you might have regarding your accident.

Lastly, let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at 844.RHINO.77.