If you are visiting the drive-thru, you may think you are in a relatively safe place. However, an accident can happen in the drive-thru and it could lead to injuries and damages.
If you are involved in an accident in the drive-thru, it should be reported so an accident report is filed. If the local police will complete an accident report for an accident on private property, they should be called so an accident report can be completed.
You should try to get photos of the accident scene and of the damages that your vehicle suffered. You will want to get photos that show the location of the cars and the point of impact. Also, get photos of any visible injuries. You will need to get statements from any witnesses.
Also, be sure to get the names of any witnesses and ask for their contact details. Check to see if the incident could have been caught on the restaurant’s surveillance camera. If so, the video could be used as evidence for your claim.
Be sure to maintain thorough documentation of your damages and keep detailed records so you can prove that the damages you are claiming are a direct result of the accident in the drive-thru. Don’t face off against the insurance company and their legal team alone.
Here are a few of the damages that you might suffer when you are involved in an accident at the drive-thru:
- Medical expenses – gather all your medical bills, prescription receipts, receipts for medical devices
- Proof of missed work and lost wages – be sure to document these
- Make note of any future medical care that you may need and be sure that you have your doctor document any future care that you might require
- Property damages – get written estimates for repairing your vehicle and take photos of any damages, also keep tow bills and rental car receipts
- You will also be able to claim pain and suffering – this total will be based on your medical expenses and the severity of your injuries
You never know when you could get hurt when you leave home. Even familiar places can be accident prone. Accidents are most frequent when drivers fail to keep a good look out for other cars and pedestrians. If you are injured in an accident at a fast food restaurant, you may be able to recover the cost of any medical treatment, damage to your vehicle, and lost wages by filing a personal injury claim. An experienced personal injury attorney can provide useful legal advice and may help win a claim if it is thought to be a good case.
Accidents That Can Happen at a Drive Thru
Drive thrus are a popular way for car owners to get their favorite takeaway. They are open 24 hours and the driver and passengers do not even have to get out of their vehicles either to order or receive their food. This does not mean they are safe places to be. Whenever takeaways are open 24/7 there are always drivers who are not in complete control of their vehicles so accidents take place. The commonest accidents are caused by the following:
- a driver is in a hurry so rear ends you when you are waiting in the queue;
- customer in a parking lot doesn’t see your car pulling out;
- drivers suffer fatigue from driving on highways and cause accidents;
- drivers may be under the influence of drugs or alcohol and may cause accidents.
Types of Accidents at a Drive Thru
- A rear-ender is a common accident and because it catches the driver and passengers by surprise, serious injuries like whiplash commonly take place in a rear-ender. The victim’s neck is thrown backwards and forwards uncontrollably which causes severe pain to the neck that can take weeks to recover from.
- A side swipe can occur if an impatient driver tries to jump the drive thru queue or pull out of the drive thru without looking for other traffic.. This can cause broken limbs, organ damage and lacerations to the face and arms if it is serious.
- eye witness statements and information about how the accident happened;
- photographs noting both damage and positions of cars. this will help determine fault;
- video camera footage showing the action that took place, if available;
- police report confirming who and what caused the drive thru accident;
- evidence of costs which should include receipts for medical treatment, receipts for repairing your vehicle;
- your physician’s report indicating the likely recovery time;
- evidence of your current income from your job.
Evidence Required for a Personal Injury Claim
If you have been a victim of an accident at a drive thru and it was not your fault, you may be eligible to file a personal injury claim to recover the financial hardship caused by the damage to your vehicle. You may also get compensation to pay for medical treatment and for the pain and suffering you have had to endure in a drive thru accident that was not your fault. However, a successful PI claim depends on the quality of the evidence you present to the insurer of the at fault driver.
Evidence you may gather could include:
If you have been involved in an accident at the drive-thru, you will need to be sure to maintain documentation and evidence to support your claim. The more supporting documentation that you have, the more likely you are to have a successful claim and recover compensation for your damages.
You will want to make sure your car is taken to a qualified automotive repair facility. You will want them to provide you with a written estimate that details your damages and how they will be repaired. You will want to make sure your repairs are handled properly and that your vehicle is safe to drive and will hold up if you are ever in another accident.
Because of the complexity of such claims, you should enlist the help of an accident injury lawyer who handles such claims in your state. Your lawyer will review the details of the case and determine who is liable for your damages.
While liability may fall on the driver of the other vehicle, there is a chance that the restaurant could be considered partially at fault for your crash if there were problems with design and layout of the drive-thru that made safe maneuvering difficult.
Your state’s personal injury laws and the details surrounding your accident will help dictate liability and who you will name as a defendant in a personal injury claim. You will want to make sure all your damages are covered.
Your accident injury attorney will review the details of your case and determine the value of your claim, which damages you suffered, and will work to build a case that proves your injuries and damages were the result of negligence.
For a personal injury claim to be successful, you will need to prove that the other party was negligent. There are four elements of negligence and all four elements must be shown. The first element is to show that the other party owes you a duty.
An operator of a vehicle has a duty or a responsibility to drive safely and protect you from harm.
Next, you must show that duty was breached. As an example, if they followed too closely and rear-ended your car in the drive-thru. Then you must show that your accident was caused by the breach of duty. You wouldn’t have been rear-ended had the driver not followed too closely.
Then lastly, show that your damages – the car damage, your injuries, and so forth, were directly from the accident in the drive-thru.
If you were in an accident in the drive-thru, consult with a personal injury lawyer who is licensed in your state. When you hire a lawyer to handle your accident injury claim, you will not have any out of pocket expense because your attorney will take your case on a contingency basis, which means they will not be compensated until your claim has been won and you get a judgment or a settlement. Schedule your free case review today so you can get your claim underway.
Personal Injury Claims After a Restaurant Drive Through Auto Accident
If you have been injured in an auto accident in or around a fast food restaurant and believe that you were not to blame, you may have the option of filing a personal injury claim. You will need to check your state’s personal injury laws, as they will dictate the circumstances in which you can make a claim and the time frame in which you have to do so.
In all claims of this type, it is essential to ensure you have sufficient evidence that you were the victim of negligence. An example of a typical accident in this environment is a head on collision with an impatient driver as you exit from the drive-in lane. The accident could be classified as negligence if you had the right of way.
Eye witnesses are fortunately likely to be available at a restaurant drive-in, and you may be able to get statements from them. These statements along with a police report, a damage report on your car, and medical reports and bills help to support your claim and convince either the other driver’s insurance adjuster or a court of your right to make a claim.
Why You Should Use a Personal Injury Attorney
A personal injury attorney can make all the difference when making a claim. It is difficult convincing an insurance adjuster that you were not to blame for an accident, or that the other driver (their client) was 100% at fault. A personal injury attorney can help you collect evidence, submit a claim, and negotiate on your behalf with the insurer. Most personal injury claims are settled out of court, but if necessary, the attorney may suggest going to court to ensure the claim is won.
Additional Resources
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against McDonald's, or any other party, you may not be entitled to any compensation.
