Who Is Liable After a Pizza Delivery Accident?

Posted By Craig McClellan || Dec 28, 2012

It should come as no surprise that delivery drivers cause a good number of accidents every year. Yet, who is responsible when a pizza delivery driver, UPS driver or other delivery driver causes an accident?

That is a question that the family of an 88-year-old woman is asking after she was struck and killed by a pizza delivery car in San Diego earlier this week.

If the delivery driver was at fault and he was working at the time of the accident, then there are two parties who could be held liable for the San Diego auto accident: The driver and his or her pizza delivery company.

The company is responsible under a legal concept called "vicarious liability." The concept states that an employer is liable for injuries that an employee causes if the employee was acting within the scope of his or her employment when the accident occurred.

Partial Fault: Pure Comparative Negligence

Sometimes, the victim will be partially at fault for an accident. For example, insurance companies will consider a victim partially at fault if he or she ignored a traffic sign. In the San Diego accident, the woman was walking against a red light.

Even if, however, the woman was more negligent than the delivery driver, her family could still recover some compensation for her death. This is because California is a pure comparative negligence state, where fault is allocated to each party and both parties may be required to pay damages.

As with any legal concept, determining fault in delivery driver accidents is not simple and largely depends on the facts of a case. If you have been injured in a San Diego car accident, an experienced personal injury lawyer can help you determine fault and recover compensation for your injuries.

Categories: Car Accidents
Blog Home

Testimonials

  • “Having had the high privilege of presiding over a number of cases involving national counsel, I want you to know you’re one of the very best [...]. You and those with you were outstanding ambassadors for our profession and once again made me most proud to be a part of our legal community.”

  • “We do not quite know how to verbalize or show how grateful we are to have had the distinct honor to have you represent us at truly the most critical time in our lives.”

    - S.C.

  • “Immediately after our interview we knew without question that no matter how steep the mountain, win or lose, we had found the right person—Craig McClellan, Esq.—[…] We felt a profound sense of peacefulness whenever we came into the office, and we knew that you were protecting our interests at all time.”

    - G.P.

  • “I just wanted to thank you for your efforts on [Pam’s] behalf, your skills, and your heart. You are not just a lawyer in what you do, you are a master of your profession. And I hope you are passing your mastery to others who may stand in on behalf of the weak or the helpless. It is an honorable effort and a world of mercy. I saw the extreme and extended dedication you put forth yield the best possible results on [Pam’s] behalf.”

    - Juror

  • “Your appearance on the nation-wide broadcast of ‘60 Minutes’ was a public service in which all San Diego has reason to take great pride. To integrity—you have added public service and again elevated my opinion of the legal profession.”

    - Juror

View More

Our Awards & Accolades