Jimmy John’s may be known for its “freaky fast delivery” of its famous sandwiches, but after an accident involving a delivery driver and a pedestrian, the sandwich franchise may have to reconsider its moniker. According to a recent report by the Pittsburgh Post-Gazette, the crash occurred in Morgantown, West Virginia, where a man who was walking his dog across a street was struck and killed by a Jimmy John’s delivery driver.
The man’s daughter is suing the sandwich making franchise, claiming that their focus on speedy deliveries encourages unsafe driving, which inevitably leads to accidents that could otherwise be avoided.
The story is yet another example of the reason why drivers in Colorado must use reasonable care when they are behind the wheel, whether they are delivery drivers, limousine drivers, truck drivers or driving for personal reasons. This duty includes looking out for, and yielding the right of way to pedestrians and bicyclists.
Part of using such care includes driving at safe speeds and limiting distractions that could thwart their ability to see (and avoid) hazards. If a driver fails to use such care, (and such a failure is the proximate cause of an accident) those injured in a crash can seek compensation for their injuries.
In the meantime, it remains to be seen whether Jimmy John’s, as a franchise, will be held liable in the West Virginia man’s death. If the company is held liable, the man’s daughter could be compensated for her father’s lost future income, her loss of companionship with him as well as emotional distress she suffered stemming from his death.
Source: Post-gazette.com “Jimmy John’s sued in pedestrian’s death,” Richard Webner, Feb. 5, 2014