Postmates is a delivery service that allows customers to order food from restaurants and either pick it up or have it delivered to them. Postmates employs various independent contractors who work their own hours; they are difficult to classify as full time employees, but they do have some of the same rights that regular workers do. For example, Postmates provides insurance coverage for all of its drivers, and in the event of an accident, the driver can collect compensation. However, Postmates is generally reluctant to grant these payouts, as they will want the driver to seek damages from another source first. If you were involved in a Postmates accident, reach out to the Downtown LA Law Group for more assistance. We will help you win the damages you deserve from the company and ensure your debts are all paid off.
Types of Postmates Accidents
Postmates accidents can occur almost anywhere. The driver is the one who has to get out and enter places of business, make the trip to and from the restaurant, go to the customer’s home, and more. The risks are all associated with the workers, and the company should be aware of this. If there are any accidents, the drivers should be off the hook. Some locations where Postmates drivers can get injured include:
Roads: Car accidents are not uncommon when driving for Postamtes, as many drivers may not act safely while on the road. Accidents may happen because of drivers running red lights, running stop signs, speeding, driving while tired or under the influence of drugs or alcohol, and more.
Stores: Some Postmates drivers have to enter stores to pick up goods. The stores may not be safe and could have various problems inside them, like broken stairs, faulty handrails, raised steps, and more.
- Restaurants: Restaurants are dangerous due to their hectic nature. When Postmates drivers go to pick up food and takeout orders, they could slip on spilled drinks, discarded food, tipped over chairs and trashcans, and more.
- Supermarkets: Supermarkets are similar to restaurants in the dangers present. There can be spilled merchandise, but there could also be items or objects in the aisles that impede walking. They may be construction going on too, which can create holes in the sidewalk, cracks in the road, and unstable areas within the store.
Customer’s homes: Drivers may have to enter customer’s property, or they may have to go into apartment complexes to deliver food. There is a possibility for even more accidents to happen. Dog bites can occur if there are unleashed or aggressive dogs on the property, or there could be unsafe objects overhead. Tree branches, broken door frames, rickety windows, and more can all fall if there is wind or small impact.
Slip and fall accidents are the most common incidents with Postmates drivers who have exited their vehicles. They can pursue premises liability claims, as property owners are supposed to have safe areas for visitors – if they do not, they can be held accountable. However, it may be necessary for the driver to seek compensation from Postmates instead of the property owner.
How to Sue Postmates for Damages
If you were injured while delivering food for Postmates, you should not be made to pay off your own debts stemming from an accident. You will need to show that there was some negligence at play. There are four points of negligence; they are:
- You were owed a duty of care
- The duty of care was breached in some way
- The breach of duty resulted in an accident or incident
- The incident led to physical injuries
All four of these points must be established if your claim is to be filed. If even one is untrue, you will not be able to sue. You should follow these steps upon getting in the accident:
Firstly, get medical assistance. If you do not get treatment quickly, you may suffer worse damage over time. Some injuries are not readily apparent but can compromise your health if left untreated. While at the hospital, make copies of receipts, doctor’s statements, X-rays, MRI results, records, and more. Hesitating to go for treatment or not getting all the evidence from the medical provider will be a red flag to the insurance agent, as he will not believe that you were seriously hurt and he will think something else contributed to the incident.
Take pictures of the scene of the accident, any issues with the environment, the order you were delivering and its receipt, your injuries, damages done to your personal belongings, and more. If there were security videos or any video footage available, request copies to add to your claim.
There may have been eyewitnesses who saw the incident happen. You can request their statements and testimonies for your claim. It is always better to have additional perspectives, as two parties blaming the other can result in a stalemate.
If you were in an accident on the road, gather insurance information from the other driver. If you were in an accident in a business, file an incident report or request the necessary contact information from the manager.
Lastly, you should reach out to an expert attorney for your case. If you have never taken legal action, you may not know how to proceed. A lawyer with experience in Postmates accident injuries will be able to handle your claim for you from start to finish. Your goal should be on recovering from any injuries and ensuring that you can continue to work.
Compensation from a Postmates Incident
Postmates drivers can receive a fair amount of compensation if they were involved in some kind of accident while on the clock. The company should be held accountable for the damages the drivers sustained. They may not be able to pursue worker’s compensation due to the status of their jobs as independent contractors, but they can still seek repayment and insurance coverage thanks to various California laws. The rights of drivers can allow them to receive various forms of compensation if they were injured. Drivers may be able to pursue damages from Postmates, a separate insurance agency of the responsible driver, a restaurant, and more. Our goal is to bring you maximum coverage for the following:
- Medical expenses for surgery, hospitalization, physical therapy, medication, future treatments and procedures, and more
- Property damage for vehicular repairs, lost personal items, and more
- Missed income due to inability to drive, earn wages, or secure future work
- Pain and suffering damages, such as PTSD, anxiety, fear, emotional trauma, and more
Statute of Limitations on Personal Injury Claims
There is a 2-year statute of limitations in California for all personal injury lawsuits. The statute of limitations allows the victim ample time to gather his evidence, and it allows the defendant ample notice. It would be unfair for a defendant to be sued over a decade after the incident. If you do not file a claim within the allotted time, you will not be able to receive any compensation and your claim will essentially be thrown out.
There are some potential exceptions to the statute of limitations, such as those involving victims who are minors and defendants who have left the state. Postmates drivers may be able to enact the exception concerning incapacitation. If a driver were left mentally or physically unable to sue, such as in a coma or fell into a nervous breakdown, the statute of limitations can be postponed until he returns to normalcy.
Many victims fail to notice when the statute of limitations is expiring or how much time they have left on their claims. It is important that you reach out to a skilled lawyer for more assistance to determine how much time you have left. We can gather your evidence together, write your demand letter requesting coverage, submit all documents on time, and more.
Our Law Firm
The Downtown LA Law Group has handled numerous Postmates delivery driver accident claims throughout the years. We know the best methods for success and will always represent our clients to the best of our abilities. We fully dedicate ourselves to the cases we take on and will not stop pursuing your rightful damages until we are satisfied with the results.
For a free legal consultation, reach out to our law firm today. We will tell you what we believe the value of your case is and will answer any questions you have. All consultations are completely confidential – no personal details will be shared outside of our office walls. Additionally, we will give you more information about our zero fee guarantee. If you hire us, we won’t take any payment from you at all throughout the case. Our expenses will be covered only if we win, and the money will come from the settlement won from Postmates. If we lose, you owe nothing.
To file a lawsuit against Postmates or to learn more about Postmates driver rights in accidents, contact the Downtown LA Law Group today.