With food delivery services on the rise in Lehigh Acres and elsewhere in Lee County, ordering food from your favorite restaurants has never been more convenient. Unfortunately, delivery vehicle accidents have also become more likely. Unlike other car collisions, accidents involving delivery drivers can be subject to unique questions regarding liability.
If you or your loved one has suffered severe injuries in a wreck with a driver working for a food delivery company like Postmates or Grubhub, you might want to speak to a Lehigh Acres food delivery car accident lawyer from the Law Offices of Anidjar & Levine today. Injuries that arise due to another driver’s carelessness may entitle you to compensation, but questions about insurance and liability can make the claims process tricky.
How to Proceed After Your Crash
Right after a car accident, your prime concern is always to make sure you seek necessary medical attention. Following this, your next order of business should be determining fault.
Establishing each party’s degree of responsibility in a Lehigh Acres car crash is crucial in recovering compensation. Evidence such as photos of the accident scene, police reports, and witness interviews can show whether a delivery driver acted negligently.
Florida Car Accident Laws May Affect Your Compensation
Any vehicular crash is a cause for worry. However, being aware of car accident laws that might impact your case in Lehigh Acres can ease some of your distress.
No-Fault Car Insurance System
Florida follows a no-fault system, meaning that whether the delivery driver is at fault, your auto insurance would take care of your medical bills and other losses up to your policy limits. Personal injury protection (PIP) coverage, as the Florida Division of Highway Safety and Motor Vehicles (FLHSMV) explains, is your primary means of recovery. You will first go through your insurance company when claiming compensation for your injuries and other damages.
However, PIP coverage has its limits. For one, you cannot seek compensation for nonmonetary damages arising from your accident. Moreover, your policy may not be enough to pay for every expense you incurred, making you responsible for bills that exceed your limit. It is critical to note that in Florida, PIP will cover only 80% of your medical costs and 60% of your lost wages. If your injury is not an emergency medical condition, you will receive only $2,500 in benefits.
Nonetheless, the law allows you to sue at-fault drivers for your losses even if you have PIP coverage. You may be able to bring a personal injury suit against a negligent delivery driver or make a third-party auto insurance claim if your injuries are serious, as per Florida Statute § 627.737. A Lehigh Acres food delivery car accident lawyer from our firm can help you determine how your injuries qualify you to seek legal remedy.
Pure Comparative Fault
Based on Florida Statute § 768.81, parties who share blame for a car accident will collect reduced damages proportional to their percentage of fault. For instance, if your total damages in the collision are $100,000, but the court finds you 25% at fault for the accident, your potential damage recovery would be capped at $75,000, or 75% of the total damages.
Under this rule, parties can still seek recovery even if they are 99% at fault. Judges, juries, and car insurance claims adjusters in Lehigh Acres all determine awards based on the pure comparative fault rule. A Lehigh Acres food delivery car accident lawyer from our firm can explain more about what the law means for your case and guide you on the best course of action.
Statute of Limitations
After a delivery driver injures you, there is a limited time for you to bring a claim. Typically, Florida Statute § 95.11(3)(a) gives you four years from your accident to get your personal injury case started in court. If you miss the legal time limit, you will likely lose your right to sue.
A Lehigh Acres food delivery car accident lawyer from our firm can help you determine if any exceptions could shorten or extend the deadline that applies to your case.
Determining Liability for Your Accident
If your crash resulted from negligence, the driver, the food delivery company, or the business that owns the vehicle might be accountable for your losses. The driver’s status as an employee or independent contractor could affect your claim, as could whether they were on their way to a delivery, in between deliveries, or had finished their shift.
Determining who is liable for your injuries can become a complicated matter when it comes to collisions with food delivery drivers. A Lehigh Acres food delivery car accident lawyer from our firm can identify the liable party in your case.
Compensation You May Collect from a Negligent Party
Besides monetary damages that you can legally pursue—like medical costs, lost income, property damage, and home care expenses—you might also recover compensation for non-economic damages. Some examples of non-economic damages include pain and suffering, loss of quality of life, and mental anguish.
A Lehigh Acres food delivery car accident lawyer from our firm can investigate your crash and prove the driver acted negligently and was within the course and scope of their work. Your attorney can also safeguard your legal rights and represent your best interests regarding complicated insurance processes involving food delivery companies.
Contact Our Legal Team Today
The Law Offices of Anidjar & Levine is ready to serve you if you or your loved one sustained injuries in a food delivery vehicle accident. We can answer any question you may have about your potential case and make every effort to see that you get compensation.
Call us today at 1-800-747-3733 for a free consultation with a member of our team. We work on contingency, so you do not pay fees unless we recover an award.
We Can Help.