Oregon Injury Lawyer Blog
Many drivers engage in negligence behind the wheel because they are in a hurry, and some of the most time-crunched drivers on the road are food delivery drivers. The pressure to make timely deliveries drives some to engage in unsafe practices, such as speeding. When they do, they place everyone sharing the road at risk, especially pedestrians. If you were hurt on foot because a delivery driver was in too much of a hurry and driving unsafely, you might encounter a need to pursue insurance claims, civil litigation, or both. A skilled Oregon pedestrian accident lawyer can often be instrumental in getting a just outcome after your accident.
According to a recent lawsuit launched in state court here in Portland, that was precisely what happened in a fatal accident three years ago.
In late January 2022, a driver struck and killed a 56-year-old pedestrian at the intersection of 101st Avenue and Division Street in Southeast Portland. Allegedly, the pedestrian was crossing Division to reach a bus stop when the driver, who was delivering food for Domino’s Pizza, crashed into him. According to the lawsuit the pedestrian’s estate filed, a 41-year-old delivery driver, M.H., was “rushing to deliver a pizza” and was speeding when he collided with the pedestrian.
Moreover, according to the lawsuit, M.H. had a record of unsafe driving. In 2020 and again in 2021, police cited the driver for speeding. Both citations ended in convictions.
The pedestrian’s family filed their lawsuit in the Multnomah County Circuit Court in late December, and the action remains pending.
If you are seriously injured by a pizza delivery driver or a loved one was fatally struck by one of these drivers, there is a lot that goes into building a case that will hold the proper individuals and entities accountable for their wrongdoing.
One crucial aspect of a case like this is identifying the correct parties to sue. Almost always, the driver is one of those parties. However, a case that pursues solely the driver may not meet your family’s needs.
Going Beyond Just the Delivery Driver
Pursuing additional parties may be more involved than a layperson would anticipate. For example, the driver who struck and killed the man in Southeast Portland was delivering Domino’s food but was not a Domino’s employee. Instead, M.H. was affiliated with a local Domino’s franchise owned by a limited liability company (LLC).
Adding an extra layer of complexity, the franchisee may have signed the driver to an independent contractor agreement rather than an employment contract. Generally speaking, entities that retain the services of independent contractors are not liable for the negligence of those contractors. In contrast, employers may be liable for the negligent acts of their employees.
However, the sole fact that the franchisee and the driver signed a document labeled “independent contractor agreement” does not automatically doom your ability to hold the hiring entity accountable. If the specific facts of the business relationship between the parties showed that the driver functioned more as an employee than an independent businessperson, then you may hold the hiring entity liable as an employer, notwithstanding what they called their agreement with their driver.
Additionally, you may have the option to hold the restaurant accountable for its direct negligence, such as contracting with a driver the restaurant knew or should have known was unsafe or not terminating the driver once his unsafe driving became (or should have become) apparent to the restaurant.
Pursuing Insurance Claims
As with most auto accident matters, there is also the matter of insurance. Oregon’s financial responsibility law (Chapter 806) sets each driver’s minimum insurance obligations. The statute’s requirements are relatively modest. If the driver had no available assets you can reach with a court judgment, it is possible in a catastrophic injury scenario that the total payment (i.e., the insurance settlement) will not even cover the hospital bill, much less the totality of expenses and other losses you have endured. This will make properly pursuing an insurance claim (or claims) against the insurer of the local restaurant (franchisee) or the corporate parent (franchisor, like Domino’s) critical.
In other words, these types of cases have many nuances, intricate details, and permutations. To enhance your ability to get justice, you need an effective advocate. The Oregon pedestrian accident attorneys at Kaplan Law LLC are here to help. Our team is available to discuss your matter, provide clear, honest advice, and utilize our extensive experience to take on insurance companies and responsible parties. To learn more, call (503) 226-3844 today or contact us online to schedule your free consultation.
