In recent years, delivery vehicles from Uber Eats, Doordash, Amazon Prime, and more have begun to flood the streets of New York. The increase in drivers has also resulted in more accidents on our streets.
A recent CNBC news report showed that one in five delivery drivers employed by Amazon was injured in 2021, which they attribute to rushed drivers under intense pressure to make deliveries on time.
But what happens if a driver hits you? Who is responsible–the driver, or the company they work for?
These answers depend on the specifics of the situation and how they intersect with New York laws. If you have been hit by a delivery driver and are unsure about your rights, a delivery driver crash attorney at Buttafuoco & Associates can offer a free consultation at 1-800-NOW-HURT.
Common Causes of Delivery Crashes
Delivery drivers cause crashes for many of the same reasons other drivers do:
- driving while fatigued or distracted
- committing traffic violations
- driving under the influence
However, there are several reasons delivery drivers may be more likely than other drivers to cause crashes.
For one, they are often under pressure to make deliveries quickly, which leads to unsafe driving:
- running red lights
- speeding
- swerving to beat traffic
- illegally passing
Another compounding factor is that new delivery drivers, even after receiving proper training from their employer, often lack the experience to drive safely, especially when driving large trucks or commercial vehicles. Delivery trucks have dangerous blind spots, especially when backing up or changing lanes, which can cause problems for new drivers.
Poorly loaded cargo is another common cause of accidents. If cargo shifts in the truck, it can make the vehicle unstable or cause distractions. Sometimes cargo even falls out of the vehicle and causes serious accidents.
Regardless of the cause of your delivery accident, if another driver’s negligence was responsible and your injuries are serious, you may be entitled to compensation. A New York delivery driver accident attorney can tell you more about your rights.
Who is Liable for a Delivery Driver Crash?
If a delivery driver hits you, causes serious injuries, and they were at fault, either they or their employer may be responsible for any damages you incur in the accident.
However, this can quickly become complicated.
If the driver was on duty (either making a delivery or on their way to pick up an order from a restaurant, store, or warehouse), under a legal term known as “vicarious liability,” the company’s insurance will typically cover the accident. If they were not on duty and were making a delivery in a personal vehicle, the driver themself may be responsible.
One complicating factor in these cases is that many delivery drivers are independent contractors, which means they are not officially “employed” by the company they are delivering for. If this is the case, the driver may be personally responsible for damages they cause in an accident.
In other scenarios, the company could be considered liable.
For example, if it did not properly train the driver, or if the driver was forced to meet deadlines that would require unsafe procedures, which resulted in an accident. Or if the company failed to maintain the vehicle and the crash was caused by old or worn parts.
In some cases, the parts manufacturer could be considered responsible if a defective part caused the accident.
Most of these complications will not come into play if you suffered only minor injuries or property damage in the crash. Since New York is a no-fault state, your Personal Injury Protection (PIP) insurance will be required to cover the first $50,000.
If you suffered more serious injuries, working with a New York delivery driver crash lawyer could be in your best interest to ensure that you recover the compensation you need to make a full recovery.
What if my Injuries are Serious?
If your injuries qualify as serious under New York law, you can bring a lawsuit against any party whose negligence resulted in injuries and damages such as hospital bills, lost time from work, or pain and suffering. In New York, under section 5102, to qualify as serious a personal injury must result in at least one of the following:
- Death
- Dismemberment or significant disfigurement
- A fracture
- The loss of a fetus
- Permanent loss of the use of a body organ or system
- Permanent limitation of an organ or member, body function or system
- A non-permanent impairment which prevents you from conducting your usual activities for at least 90 days during the 180 days following the accident that resulted in impairment
If you believe your injuries are serious after a collision with a delivery driver, contacting an attorney who can properly value your case may be in your best interest.
When do I Need a Lawyer?
Even if your insurance company is handling your case, recovering the compensation you are entitled to can be tricky. All insurance companies are businesses, and therefore motivated to minimize your payout.
If you feel that your insurance company is not covering a fair amount, reaching out to a delivery driver crash lawyer in New York may be useful. If your injuries are serious, consulting with a lawyer is also a good way to ensure that you recover the maximum compensation you need and deserve.
If you have been in an accident with a delivery driver, get in touch with Buttafuoco & Associates. We have been successfully handling personal injury cases for decades and will fight to get you the compensation you deserve.
Call for a free consultation at 1-800-NOW-HURT.