Instacart is a grocery delivery service that can really make your life easier. With that said, the delivery drivers that shop and then deliver your groceries can sometimes encounter a dog that’s trying to defend its territory. For these delivery drivers, many of whom are trying to supplement their income, a dog bite in Spokane can very quickly turn their lives upside down.
At Crary and Domanico, P.S., we have a dedicated team of dog bite lawyers who can help you. Being a delivery driver for Instacart means you’ll face the prospect of a dog bite, some of which can happen when you can least afford it. If you or someone you know has been bitten by a dog in Spokane, contact us today for a free consultation.
Who’s Liable For a Dog Bite in Spokane?
In Washington, the law on dog bites is clear-cut. They adopt a “strict liability” stance, which says:
- The owner is liable for any harm inflicted by their dog, irrespective of intent.
What sets Washington apart from certain states is its lack of exceptions. Whether the person bitten was trespassing or provoked the dog, the owner remains responsible for any injuries caused by their dog.
As an Instacart driver, this is hugely important. Generally speaking, if you work for Instacart, you are an “independent contractor” rather than a full employee of the company. This means that you likely will have to rely on your own insurance if you’re hurt. However, under Washington law, if you’re bitten by a dog, you have the legal right to file a claim against the owner even though you’re effectively a private citizen and not acting within the scope as an employee of Instacart.
Should You Hire a Lawyer?
Obviously, working as an Instacart driver is a great way to earn extra income but it’s not the most lucrative career you can have. By and large, the financial implications of a dog bite and injuries is going to have a huge impact on how you want to proceed. It’s not a legal requirement in Washington to have a lawyer, but having our experienced team on your side can make a significant difference in the outcome of your potential claim:
- Legal guidance – Our team of lawyers possesses a thorough understanding of Washington state’s dog bite laws. We can offer clarification on your rights and present the legal avenues open to you.
- Investigating the accident – We have the necessary resources to conduct a thorough investigation of the incident. This involves gathering evidence, interviewing witnesses, and consulting experts to strengthen your case.
- Gathering evidence – Our team aids in collecting crucial evidence, such as bite reports from animal control, medical records, and available surveillance footage. These pieces of evidence play a pivotal role in supporting your claim.
- Communication with insurance companies – We take charge of communicating with insurance companies, other involved parties, and their legal representatives on your behalf. In most dog bite cases, this entails working with the dog owner’s homeowner’s or renter’s insurance policy.
- Negotiation – If you are dealing with insurance claims or potential settlements, our lawyers can engage in negotiations with insurance companies to secure a fair resolution or settlement that covers your damages.
After experiencing a dog bite that results in injuries or impacts your ability to work, pursuing an injury claim becomes crucial. Handling everything independently can quickly become overwhelming, particularly when navigating the legal process. Furthermore, we work on a contingency-fee basis, which means you don’t pay any money up front for our services. Rather, we take our fee from whatever result we get for you.
What Evidence Can You Use as an Instacart Driver in a Spokane Dog Bite Claim?
Even with Washington’s strict liability law, the strength of your case relies heavily on the evidence and the extent of the damages you’ve incurred. In a typical dog bite case, crucial pieces of evidence typically include:
- Photographs and videos – Visual documentation of the incident, showcasing the wound, the dog involved, and the location.
- Medical records – Comprehensive documentation of injuries, the treatment received, and associated expenses.
- Witness statements – Testimonies from individuals who witnessed the attack.
- Owner’s information – Identification of the dog’s owner, often accessible for Instacart drivers.
- Animal control reports – Reports filed with local authorities detailing the incident.
- Veterinary records – Records of the dog’s past aggressive behavior, if applicable.
- Dog’s history – Information regarding the dog’s behavioral history.
- Statements – Your personal account of the incident.
- Insurance information – Details about the dog owner’s insurance policy, if applicable.
Compiling and presenting this evidence can pose challenges, especially if your injuries are severe. With that said, our experienced team will be there to support you, making sure of the effective gathering and presentation of this vital evidence while guiding you through the legal process. While we take the lead on this part of the process, there’s also things you’ll need to do:
- Get medical help immediately after the bite
- Document the scene
- Locate the dog’s owner if possible
- Notify your insurance and Instacart about the incident
- Report the bite to Spokane County Regional Animal Protection Service (SCRAPS)
Legal Process For an Instacart Delivery Driver After a Spokane Dog Bite
Another aspect that makes your status as an Instacart delivery driver important is that you won’t be able to file a workers’ compensation claim on top of any other legal action you take. However, that simplifies things a bit, as you can enter directly into the legal process after being bitten by a dog. While every claim is unique, the process usually includes the following steps:
Filing an Insurance Claim Against the Owner
The process begins by establishing legal responsibility, usually placed on the dog owner due to Washington’s strict liability laws. Afterward, an injury claim is submitted to the owner’s insurance company. This entails a thorough examination of the claim, potentially resulting in acceptance, counteroffers, or rare rejections. The insurance claim procedure involves:
- Investigations
- Evidence collection
- Coverage evaluation
- Verification of claims
- Communication with medical providers
Ultimately, the insurance company determines the claim’s value and presents a settlement offer.
Filing a Personal Injury Lawsuit
If a satisfactory settlement isn’t reached with the insurance company, the next step may involve filing a lawsuit against the dog owner. The legal process involves our team
- Filing a Complaint in civil court
- Engaging in discovery
- Taking depositions
- Filing motions
- Participating in mediation
- Potentially going to trial before a judge and jury
It’s crucial to note that this is a general overview and specifics can vary between cases. Regarding your claim, remember that you must file within Washington’s personal injury statute of limitations, typically three years from the accident date. Missing this deadline often means forfeiting the opportunity to pursue damages, which can be substantial in dog bite cases.
Damages
Filing a dog bite claim seeks financial support, legally termed as “damages,” for the injuries and other harm you sustained. This can quickly add up, especially if the bite was severe. So, here’s what you can potentially recover:
- Medical expenses – Covering all medical costs related to the dog bite, including hospital bills, surgeries, medication, and ongoing treatment.
- Lost income – Reimbursement for income or wages lost during recovery, including time off work.
- Pain and suffering – Non-economic damages accounting for physical pain, emotional distress, and the impact on your quality of life.
- Property damage – Recovery of costs for damaged personal property, such as uniforms or belongings.
- Scarring and disfigurement – Additional financial considerations for any permanent scarring or disfigurement resulting from the dog bite.
- Loss of enjoyment of life – Damages for the negative impact on your ability to enjoy life and engage in activities you previously enjoyed.
- Loss of companionship – These damages are in cases where the injury affects personal relationships.
As an Instacart delivery driver, the incident could impact both your career and health. Your immediate actions following the incident can significantly influence the process. Remember that pursuing this legal process is your right as an injury victim in Washington. Before deciding on damages, take advantage of a free consultation with our lawyers to understand what to expect.
Contact CCD Law After a Spokane Dog Bite
Dog bites can be tough, especially for Instacart delivery drivers, causing injuries and disruptions to your income and everyday life. At CCD Law, our experienced team is here to help you. We’ll help you through the legal process and make sure you get the treatment you deserve. Contact us today for a free consultation to get the recovery process started.
