Food Delivery Driver Was High on Marijuana and Xanax
On April 5, 2019, Demas Law Group, P.C. client RS was traveling on a surface street toward his home in Sacramento. At the same time, an app-based food delivery driver was on his way to make a delivery. The delivery driver was under the influence of marijuana and Xanax, both of which are central nervous system depressants. He was traveling at approximately 55 m.p.h. on a city street and slammed into the back of RS’s car, launching it off the road, against a telephone pole, and into a fence.
RS was transported by ambulance to a local trauma Center where he remained for 4 days. He was ultimately diagnosed with liver laceration, lumbar transverse process fractures, and rib fractures. After his discharge from the hospital, many of his symptoms gradually improved, but he had persistent low back pain. After physical therapy failed to help, a lumbar MRI was ordered and “degenerative” (age-related) changes were noted. He was referred to a pain management practitioner and, approximately 1.5 years after the crash, he underwent lumbar medial branch blocks, designed to diagnose and treat pain that is generated by the articulation of the facet joints in the spine. The injections were largely successful and RS was able to return to full duty at his physically demanding job. The attorneys at Demas Law Group developed the necessary evidence and arguments to obtain a substantial settlement for our client.
Actions against food delivery services, such as Instacart, Uber Eats, Postmates, Grubhub, and DoorDash, can present challenging factual and legal issues. These services often contend that the delivery driver is an “independent contractor” and, as a result, the app-based service provider is not responsible for the driver’s negligence. You need an experienced and aggressive attorney to handle this type of case and Demas Law Group has a considerable track record of success in obtaining excellent results for our clients in this difficult legal landscape.
