Maison Law can guide you through a claim if you’re bitten by a dog and injured in Gilroy. Anyone in the city can get bitten, but the sad reality is that certain people–delivery drivers in particular–are more likely to get hurt in these types of situations. When this happens, our team will be there to support you. Set up a free consultation today to talk through your options.
Why Do I Need a Lawyer If I’m a Delivery Driver?
Dog bites are already stressful, but they hit differently when they happen on the job. Delivery work in Gilroy—whether you’re with Amazon, UPS, FedEx, DoorDash, Instacart, or working for a local business—means you’re in and out of driveways, front porches, and gated yards all day. Most homeowners assume their dogs are friendly. Most dogs act fine until the doorbell rings. And you’re the one walking into that unpredictable moment.
But you still don’t need a lawyer–you can file a claim yourself. While that might sound tempting, the reality is that this is a very difficult situation and trying to figure things out on your own (while also dealing with both recovering and trying to get back to work) is too overwhelming. That’s where our team can step in and:
- Explain what your options are
- Help you get important evidence and information
- Figure out who owns the dog and what insurance coverage is available
- File a claim or a lawsuit, if that’s what it comes to
We’re not here to add to your stress that’s already piling up. Our real goal is to help you sort out who is actually responsible and make sure you’re not left taking on medical bills or the blame for simply doing your job.
What Information Do I Need for a Claim?
The last thing you’re thinking about when you’re bitten by a dog while trying to make a delivery is getting “evidence” for a claim. But thankfully, just getting a few pieces of basic information—just like you would for a car accident or something similar—can go a long way in helping you moving forward:
- Dog/owner information. Getting the dog owner’s name, address, or even a quick photo of the house or license plate can be huge. This makes it easier to contact the right insurance company and start your claim quickly.
- A simple timeline. A short timeline—what stop you were on, how the dog approached, and what happened right after—helps show you were doing your job and not at fault. It also prevents the homeowner or insurer from twisting the story.
- Medical records. Your medical records show exactly how serious the bite was, what treatment you needed, and why you had to miss work. They give your lawyer solid proof that your injuries are real and deserve to be fully covered.
- Animal Control reports. Animal Control reports often confirm the dog’s identity, whether it was known to be aggressive, and what the owner said at the scene. This outside documentation strengthens your claim and makes it harder for anyone to dispute what happened.
- Employer reports. Your employer’s incident report proves the bite happened while you were on the clock and ties the injury directly to your delivery route. It also ensures workers’ comp and any third-party claims line up smoothly.
Again, you don’t have to have everything in place right now. It’s simply a starting point for your potential claim. Often, it’s this information that forms the foundation of your claim–and it’s also important for uncovering your options.
Do I Have the Same Rights as a Delivery Driver If I’m Bitten by a Dog?
Here’s a piece of good news: being a delivery driver doesn’t change your right to file a claim when you’re bitten by a dog. Under California’s strict liability dog bite law, the homeowner is usually responsible if their dog bites you, even if the dog never caused problems before.
But delivery drivers often have additional rights because the injury happens at work–if you’re a full-time employee. This is usually the case if you work directly for companies like:
- UPS
- FedEx
- USPS
That means you may have:
- A workers’ compensation claim
Workers’ comp covers necessary medical treatment, temporary lost income, and possibly even disability benefits if you’re more seriously injured. It doesn’t matter whether the dog owner did anything wrong. The fact that you were injured while delivering is enough to trigger benefits.
Your other option comes into play if you’re not a full-time employee–basically, if you’re a contractor. This is usually the case if you work for:
- Amazon
- DoorDash
- Grubhub
This is separate from workers’ comp–and is a typical “injury claim.” But with an injury claim, you usually have to show negligence. Thankfully, this doesn’t apply with a dog bite because of strict liability. You simply have to show that you were bitten by the dog.
With that said, homeowners–through their insurance provider–usually won’t just roll over. They sometimes try to argue that you “provoked” the dog or shouldn’t have gone onto the porch. However, the law says that once a homeowner orders something and asks for a delivery, you or any other delivery driver are “invited” onto the property and that alone means that you’re not provoking the dog.
The bottom line here is that you were bitten while doing your job, and that means you can file a claim to get help with your injuries. But what does that involve?
What Damages Can I Get in a Dog Bite Claim?
Whether you need to file an insurance claim or a lawsuit after a dog bite, it’s all about getting “damages.” Even a seemingly “minor” dog bite can carry more serious injuries, as well as other issues that come up related to them. That’s the main thing you’re going after when you file your claim, but it all depends on what you’ve specifically lost. Generally, this involves things like:
- Current or future medical expenses.
- Lost income or lost earning potential.
- Repair/replacement costs to your uniform, clothing, shoes, electronics, or any other property that’s damaged in the bite.
- Pain and suffering, which covers costs relating to the physical pain you go through.
- Emotional distress, covering costs for the emotional and psychological fallout from the bite, especially anxiety and PTSD.
- Reduced quality of life, covering costs relating to how the bite is impacting your everyday life, not just the moments right after it happened.
A lot of the time, both a workers’ comp claim and injury claim are going to overlap. This means you can get both workers’ comp benefits and damages. It all comes down to the evidence you have. But there’s also legal deadlines. You only have one year to file for workers’ comp and two years to file an injury claim. This makes acting quickly very important, and remember, our team will be there to help you from the beginning.
Contact Maison Law After You’re Bitten Making a Delivery in Gilroy
As a delivery driver in Gilroy, you’re constantly walking up to porches and gates where dogs live, and most of the time everything is uneventful. But dogs are protective of their homes, and it only takes one moment for a delivery to turn into a bite.
When that happens, our team of dog bite lawyers at Maison Law will be there to help you sort through your options and make sure you’re not left facing injuries and lost income all by yourself. Set up a free consultation today to get started.
