New York’s busy streets are constantly abuzz with delivery drivers hurrying to drop off packages. But what recourse do you have if a delivery driver’s actions lead to significant injuries? If you have been hurt in an accident involving a delivery driver, you are entitled to just compensation for your losses. Please read on to learn who might be held responsible for your damages and how a dedicated New York City Auto Accident Lawyer can help you understand your legal options.
Who Can Be Held Liable if I’m Hit by a Delivery Driver in NY?
Determining liability in a delivery driver accident is complex, largely hinging on the driver’s employment status at the time of the accident. If the driver was on the clock, the company that employs them might be held accountable for your injuries. However, if the driver is an independent contractor, they are generally responsible for their misconduct.
“Vicarious liability” is a crucial legal concept for establishing company responsibility, holding employers accountable for employee negligence. This holds even if the employer wasn’t directly involved in the wrongdoing. A key factor in applying this doctrine is determining if the driver was acting “within the scope of their employment” when the crash occurred. For instance, if a delivery driver is on the way to make a scheduled delivery and causes a collision, the company they work for can be held liable. It’s worth noting that some delivery companies, such as DoorDash and Uber, have specific insurance policies for their drivers, which may limit their liability if their drivers are classified as independent contractors.
How Can I Safeguard My Rights?
In the unfortunate event that you have been struck by a delivery driver, understanding how to protect your rights is crucial. The aftermath of such an incident can be disorienting; however, taking immediate steps can significantly impact your ability to pursue just compensation for your losses.
Your health should be your priority. If you are injured, call emergency services. Even if your injuries seem minor, it’s vital to have a medical evaluation performed, as some injuries may not present symptoms for hours or even days. Additionally, you should file a police report. This creates an official record of the accident and can provide critical details later on.
If you are physically capable, you should exchange information with the delivery driver and photograph the accident scene. You should collect their employer’s name, insurance details, and take pictures of the damage to the vehicles involved, any visible injuries, road conditions, and the surrounding area. It’s also highly recommended to obtain the contact information of any witnesses who may be able to corroborate your claim.
Furthermore, it’s in your best interest to consult an experienced attorney from the Law Offices of Brian J. Elbaum, who can help you understand your rights and explore the legal avenues available. Connect with our firm for guidance and skilled representation.
