Delivery vehicles dashing around the streets of New York is quite a common site. However, the need to move around quickly can cause some delivery drivers to caution against the wind, greatly increasing the chances of getting into an accident. When an accident involves delivery drivers, the situation can become complicated when you don’t know who should be responsible for the damages you’ve suffered. At Gabriel Law, we understand the confusion that comes with trying to deal with accident cases involving delivery drivers. In this post, as your car accident lawyer in NYC, we hope to lift the fog of confusion and explain the steps you need to take to protect your rights.
Who is liable: the driver or the company?
Who is liable to compensate for damages when an accident with a delivery vehicle occurs can depend on the terms of service and whether or not the driver was acting in the scope of their employment at the time of the accident.
Delivery drivers in companies such as FedEx and UPS are employees. When the accident occurs while they are performing their official duties (i.e., scope of employment), then the employer will be vicariously liable for negligence of their employees. However, if the accident occurred when the employee was not performing official tasks, then the employee may be personally liable for the damages.
If the delivery driver is an independent contractor, then their employer may not be held vicariously liable. However, under the contract of service, if the company has agreed to provide insurance, then the claim can be presented against that insurance policy. However, you will need to closely examine the company insurance policy to see whether a situation is covered or excluded under the policy.
However, there can also be situations where third parties may be liable for the accident. For example, if improperly loaded cargo was responsible for the accident, then the cargo loaders may be held responsible or, at the least, be partially responsible for the accident.
This goes to show that determining who is liable for damages can become complicated, and you will need the help of an experienced accident lawyer in New York to direct your focus.
What steps should you take after a delivery accident in NYC?
When a delivery accident occurs, taking the following steps will help protect your rights and ability to claim compensation.
- Call 911 and report the accident and request medical assistance.
- Seek medical attention and document all your injuries, no matter how small they may be.
- Gather evidence to build your case (photographs, delivery logs, police reports, CCTV and dashcam footage, etc.)
- Get the driver’s personal and company insurance and contact information.
- Contact a New York City auto accident attorney to understand your rights and liabilities.
- Contact your insurance company and notify them about the accident to start the claims process.
Conclusion
Delivery vehicles are an unmistakable part of the busy streets of New York. When drivers have tight deadlines, they may take risks that can lead to serious accidents. If you’ve been injured in such an accident, the success of your claim depends on identifying who is responsible, gathering evidence, and presenting a compelling case. At Gabriel Law, we handle all sorts of car accident cases, and we are ready to help charter a clear path to compensation. Contact us via phone or email and schedule your free and confidential consultation.