Over that past decade online the based on demand delivery service industry has flourished. Every day tens of thousands of drivers deliver goods ranging from food to groceries and other consumer items to individuals across the country. The growth in the use of postmates has resulted in a drastic increase in accidents involving drivers who are employed by the delivery company. Victims who are injured in such accident have the right to seek financial compensation for all damages suffered.
About Us: Our law firm has years of experience in representing individuals who have suffered injuries in auto accidents including accident involving delivery companies and rideshare companies. Such cases often involved a higher level of knowledge and experience. If you have any further questions after reading this article please feel free to contact our law offices. All consultations are provided free of charge.
Common Injuries: Some of the most common injuries following an auto accident include the following.
- Back and neck injuries – particularity whiplash injury, and disc bulges.
- Nerve damage includes disc herniations with indentation on the thecal sac and thecal cord.
- Facial damage – lacerations, broken nose and ocular injuries.
- Ear damage – trauma resulting in tinnitus and hearing loss.
- Hand and wrist injuries.
- Knee damage and damage to the ankles.
- Concussion and post concussion syndrome.
- Traumatic brain injury, loss of consciousness.
Steps to Take – What to Do Following an Auto Accident
There are several important steps you should take following an auto accident in order to preserve your rights.
- Ste One: Contact the police department or other law enforcement agencies. Have them take down a TCR (Traffic Collision Report).
- Step Two: If injured seek medical attention immediately. A documentation of your medical injuries is necessary in establishing the damages you suffered.
- Step Three: Take pictures of the accident location and the vehicle involved.
- Step Four: Ask for the information of the other individuals involved in the accident. Copy of the California ID, insurance information, registration, phone number and address.
- Step Five: Take down witness information. Names, numbers and what they saw.
- Step Six: DO NOT speak with the other party regarding the accident or your injuries. DO NO speak with any insurance adjusters regarding the accident or your injuries.
- Step Seven: Contact a personal injury attorney with experience on auto accidents involving delivery vehicles.
Postmates – Commercial Carrier Insurance Laws
In response an dramatic increase in accident involving its delivery driver vehicles Postmates announced an increase in its insurance coverage rates. As of the middle of 2014 Postmates vehicle now carry a One Million dollar excess coverage. The million dollar coverage now matches the policy coverage available for Uber and Lyft drivers.
- Postmtes driver rights in out accident: Postmates drivers who have been involved on auto accident are able to access the company’s commercial policy based on their uninsured and underinsured motorist coverage. Uninsured motorist coverage will come into place if the t fault party in the accident did not have auto insurance at the time of the accident. Underinsured motorist coverage can be tapped into if the damages you suffered are in excess of the available coverage of the at fault party.
Financial Recovery Available for Victims of Accidents involving Postmates
Victims of accidents caused by the negligence of others are entitled to financial recovery for all damages sustained. The average value of a case or settlement value is dependent on the level of damages sustained. Specific categories of damages recoverable in personal injury cases include the following.
- Recovery for all current medical and rehabilitation costs.
- Cost of future medical and rehabilitation cases.
- All economic damages – including damage to property, loss of income and future loss of earning potential.
- Non-economic damages – mental anguish, emotional trauma, pain and suffering.
- Punitive damages – Courts will award a victim punitive damages when the at fault party acted intentionally to cause the accident or on reckless indifference (disregard) for the life and health of others. Example of this may include driving drunk (DUI), driving at en extremely high rate of speed and hit and run accidents.
Time Period for Filing a Claim – Statute of Limitations: Generally in the state of California an injured victim has two years from the date to file a lawsuit in civil court for financial recovery of the damages sustained. Failure to file a case in a timely manner will result in an eradication of your right to recovery. There are some limited exceptions to the two year statute.
- Minors – individuals under the age of 18 have two years from the date of their 18th birthday to file a lawsuit.
- Mental and or physical incapacitation of the victim.
Free Legal Consultation Available: If you have any further legal questions please feel free to contact our law offices. All case reviews are conducted by our attorneys free of charge. We are focused on assisting victims of accident across the state of California including Los Angeles, the San Francisco Bay Area and San Diego.