What happens if you’re hit by a car in a drive-thru lane?

Cars lined up in a drive-thru lane, illustrating the risk of drive-thru accidents.

Drive-thru lanes are everywhere in New Jersey, including fast-food restaurants, coffee shops, banks, and pharmacies. They’re convenient, but they can also be dangerous. Vehicles inch forward in tight spaces, drivers get distracted by menus or phones, and pedestrians often walk through to grab food or assist passengers. Accidents in these lanes are more common than people think. That leads to the question: What happens if you’re hit by a car in a drive-thru lane?

The short answer is that you may be entitled to compensation for your injuries, but the process can be complicated. Liability depends on who caused the crash, whether the property owner played a role, and how New Jersey’s insurance laws apply.

Why Drive-Thru Accidents Happen

Several unique factors make drive-thru lanes prone to collisions:

Distracted driving: Drivers may focus on ordering food or searching for payment rather than watching the lane.
Tight spaces: Narrow lanes increase the risk of sideswipes or rear-end collisions.
Pedestrian presence: Many people walk through lanes, either to pick up an order or assist others.
Impatience: Long lines can make drivers rush or act aggressively.
Limited visibility: Curved lanes, high menu boards, or poorly lit areas reduce sight lines.

These conditions create a setting where accidents can and do occur.

Common Types of Drive-Thru Accidents

Drive-thru accidents take several forms, including:

Rear-end collisions when one driver stops to order and another fails to brake in time.
Sideswipe accidents when cars crowd each other in narrow lanes.
Pedestrian strikes when people on foot are hit by vehicles moving forward.
Property damage accidents involving curbs, poles, or restaurant structures.
Multi-car accidents if vehicles collide while merging into or out of the lane.

Pedestrian strikes are often the most serious, leading to broken bones, head injuries, or worse.

Who May Be Liable?

Determining liability in a drive-thru accident depends on the facts. Potentially responsible parties include:

1. The At-Fault Driver

If a driver acted negligently, such as texting, speeding through the lane, or failing to yield, they can be held liable for injuries and damages.

2. The Property Owner

Restaurants and businesses must design and maintain safe drive-thru lanes. Poor lighting, confusing signage, or lack of pedestrian pathways can create dangerous conditions. If property design contributed to the accident, the business owner may share liability.

3. Vehicle Owners

If the at-fault driver was using someone else’s vehicle, the owner’s insurance may also come into play.

4. Employers

If a delivery driver or employee on duty caused the crash, their employer may be held responsible under the legal principle of respondeat superior.

How New Jersey Insurance Laws Apply

New Jersey follows a no-fault insurance system for car accidents. This means:

Personal Injury Protection (PIP): If you have auto insurance, your PIP coverage typically pays for your medical expenses, regardless of who caused the accident.
Lawsuit Threshold: To sue for pain and suffering, you must meet New Jersey’s “verbal threshold” or “limitation on lawsuit” requirements, unless you purchased the unlimited right-to-sue option.
Pedestrians: If you are a pedestrian struck in a drive-thru, your medical bills may still be covered by your auto insurance PIP benefits, even though you weren’t driving. If you don’t own a vehicle, coverage may come from a State fund called PLIGA..

Because insurance rules are complex, many accident victims don’t know where to turn for compensation.

Proving Negligence in a Drive-Thru Accident

If you are hit by a car in a drive-thru lane, proving negligence is essential. Evidence may include:

Surveillance footage from restaurant cameras
Witness statements from other customers or employees
Police reports documenting the incident
Medical records showing injuries tied to the accident
Photos of the scene highlighting poor lighting, signage, or lane design

An attorney can collect and preserve this evidence to strengthen your case.

Possible Injuries From Drive-Thru Accidents

Even though drive-thru lanes typically involve low speeds, injuries can still be serious, especially for pedestrians. Common injuries include:

Whiplash or neck strain
Back injuries and herniated discs
Broken bones
Concussions or traumatic brain injuries
Cuts and bruises from impact with vehicles or curbs
Psychological trauma, such as anxiety about driving or walking near cars

These injuries may require medical treatment, physical therapy, or even long-term care.

Damages You May Recover

Victims of drive-thru accidents may be entitled to compensation for:

Out-of-pocket medical bills and rehabilitation costs
Lost wages and loss of earning capacity
Pain and suffering
Emotional distress
Property damage (for vehicle repairs or replacement)

What to Do After a Drive-Thru Accident

If you are hit in a drive-thru, take the following steps:

Seek medical attention immediately if you are injured, even for minor injuries.
Call the police and request an accident report.
Document the scene with photos and videos.
Collect information from the driver, witnesses, and business staff.
Notify your insurance company, but avoid making detailed statements.
Contact an attorney as soon as possible to protect your rights.

Acting quickly ensures evidence is preserved and strengthens your claim.

Why Legal Help Matters After a Drive-thru Accident

Drive-thru accidents often involve multiple insurance companies and questions about property owner liability. Businesses may deny responsibility, and drivers may blame each other. Without legal representation, accident victims may be left with unpaid bills and no recourse for long-term suffering.

An experienced personal injury attorney can:

Investigate the accident thoroughly
Identify all potentially liable parties
Handle communications with insurers
Build a case for maximum compensation
Take the matter to court if settlement offers are unfair

Call Team Law to File a Personal Injury Claim Today

If you or a loved one has been hit by a car in a drive-thru lane in Saddle Brook, Harrison, Freehold or elsewhere in New Jersey, you may have the right to pursue compensation. At Team Law, we have decades of experience representing accident victims across New Jersey.

Our attorneys know how to investigate complex liability issues, gather critical evidence, and fight back against businesses and insurance companies. With offices throughout New Jersey, we’re here to provide the compassionate and determined legal representation you deserve.

Call us today at 732-896-2560 or fill out our online contact form for a free consultation. Let Team Law stand up for your rights and help you recover after a drive-thru accident.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.