People in the Central Valley love their pizza, who doesn’t? But let’s face it, it’s better hot out of the oven than sitting around getting room temperature. Who wants a cold Thia Pie from The Planing Mill Pizza in Visalia or a barely warm pepperoni and extra cheese from Mountain Mikes in Tulare?
The problem is, getting it hot means getting it fast. In 1993, Dominos ended its “30-minute delivery or it’s free” promise on the heels of a $79 million lawsuit over injuries from one of their pizza drivers who severely injured a woman in St. Louis.
It turned out that giving free pizza was an incentive for the drivers to take risks to get there quickly. Even though the free pizza guarantee is over, there are still plenty of incentives for pizza delivery drivers to hotfoot the pizza to the customer’s table.
Who Pays When a Pizza Delivery Driver is at Fault?
Employee Model
In most cases, pizza delivery drivers are employees of the company and the ultimate liability falls on the owner of the store. Brand name pizza places like Dominos, Pizza Hut, and Papa Johns all use the employee model for delivery.
Drivers are required to have their own insurance. However, if they get into an accident while delivering a pizza or returning to the store, the company will be on the hook for all damages.
Independent Contractor Model
It turns out you can order pizza using Doordash or GrubHub including some of the big chain names. There are also independent or small chain pizza places that partner with these app-based delivery services. If you get your pizza from one of these, then the delivery drivers are contractors who carry their own insurance.
This doesn’t mean you can’t sue the pizza company or the delivery service company, but it can get complicated in a hurry.
Common Pizza Delivery Driver Injuries
Pizza deliver drivers typically don’t use the freeway and they will often hit the back roads to avoid traffic lights. Other times, they have no choice but to fight the lights and this tempts them to run a red light or two.
These risky driving habits mean higher risk for others on the road, and EMS and trauma center workers have seen victims come in with certain common injuries from delivery driver accidents.
- Broken Arms/Legs
- Spinal Cord Injuries
- Broken/Displaced Ribs
- Traumatic Brain Injury
- Nerve Damage
- Paralysis
- Airbag Injuries
If you’ve been injured by a delivery driver, or you are a delivery driver and were injured in a car accident while on the job, you need to talk to an attorney about your injuries and your circumstances. Don’t talk to the insurance company or the pizza company’s lawyers until you have at least found out your rights under the law.
Contact a Personal Injury Lawyer.
After an accident involving a serious injury in the Central Valley, contact attorney Martin Gasparian for a free consultation and case evaluation. Mr. Gasparian takes a hands-on approach to every case. He believes that every client should work directly with their lawyer, get honest advice, and personalized attention to detail.
