Package vans, box trucks, and food delivery riders are on every block, on tight schedules, often double parked or cutting through bike lanes. The pressure to deliver fast causes crashes.
The first question in these cases is who the driver was really working for.
Vehicles Involved
- Package delivery vans and box trucks
- Restaurant and app-based food delivery cars, mopeds, and e-bikes
- Grocery and furniture delivery trucks
- Couriers and messenger services
Who May Be Responsible
A company is generally responsible for the carelessness of an employee who is on the job. Large delivery companies often use contractors and then argue the driver was not their employee. We look past the label to who controlled the work, the route, the schedule, and the vehicle.
- The driver
- The delivery company or its local contractor
- The owner of the vehicle. In New York, a vehicle owner is generally responsible when someone drives their car with permission and causes an accident. This means there may be more than one insurance policy available to you.
- A restaurant or store that employs its own delivery workers
Evidence We Go After
- The delivery app and route data for that trip
- In-vehicle cameras and telematics
- The contract between the company and its delivery contractor
- Driver hiring, training, and schedule records
- Street and building camera video
What You Can Recover
- Medical bills, past and future
- Lost wages and loss of future earning ability
- Pain and suffering
- Loss of enjoyment of life
To recover for pain and suffering after a motor vehicle crash, New York law requires a "serious injury." Fractures, significant scarring, and significant or permanent loss of use of a body part are examples.
Deadlines
No-fault benefits pay medical bills and part of lost wages, up to $50,000 per person, no matter who caused the crash. Written notice to the insurer is generally due within 30 days of the accident. There are some circumstances where the insurance company will make exceptions.
Most New York injury lawsuits must be filed within three years of the accident.
Hit by a mail truck or other federal vehicle?
Claims against the U.S. Postal Service and other federal agencies follow special federal procedures, including a written claim filed within two years before any lawsuit can begin.
Common Questions
The driver said he is an independent contractor. Does that protect the company?
Not automatically. Courts look at how much control the company had over the work. There may also be insurance the company requires its contractors to carry.
A delivery rider on an e-bike hit me on the sidewalk. Do I have a case?
You may, against the rider and possibly the business the rider was working for. Insurance coverage for e-bikes varies, so we investigate it early.
The van was double parked and I crashed into traffic going around it. Is the company responsible?
It can be. Illegal parking that forces others into danger can be a cause of a crash. The facts and any video will matter.
Hit by a City vehicle?
Claims against the City of New York have a much shorter deadline. In most cases a Notice of Claim must be filed within 90 days. Call us right away.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.