Whether it’s an Amazon van on I-81 or a DoorDash scooter in Downtown Syracuse, delivery vehicles are everywhere. When an accident happens, the question of “who pays” is no longer simple. With the rise of “Gig Economy” apps and third-party logistics, the layers of insurance can be a maze.
If a delivery driver has an injury while making deliveries on private property, the liability for the injury could fall upon the employer of the delivery driver but it could fall on the owner of the property where the injury occurred. Determining the liability could depend on the status of the driver’s ability to work and the nature of their injury.
Delivering as an Employee
Injuries that happen to the delivery driver on private property fall upon the employer if the driver is working as an employee for the company at the time of the injury. Employers have to carry and provide workers’ compensation insurance for their employees. The driver’s injuries may be covered under a claim for workers’ compensation.
Delivering as an Independent Contractor
There are a lot of delivery drivers that work as self-employed, independent contractors rather than employees. In New York, independent contractors that don’t have employees are not required to carry workers’ compensation. In this situation, the delivery driver that suffers an injury on private property has to file a personal injury claim or lawsuit with the help of a lawyer to help recover compensation that will cover medical expenses against the company that hired their service. An injury lawyer can present well-documented evidence that will show proof of injury.
Premises Owner Liability
In New York, it is the responsibility of the property owner to maintain their premises and keep visitors, guests, and customers safe from harm. This includes maintaining their property and keeping it in a safe condition. If there are known dangers that could increase the chance for injury, signs need to be posted warning visitors of the potential dangers. This could be construction work zone, property debris, falling hazards, damaged sidewalks and walkways, and pets like guard dogs on the property. Premises liability claims files by an injury lawyer involve negligent actions by the property owner that caused harm to come to the delivery person.
Why Delivery Claims are Different in Syracuse
- Vicarious Liability: We use the doctrine of respondeat superior to hold employers accountable for the negligence of their drivers while they are “on the clock.”
- The “Independent Contractor” Defense: Companies often try to hide behind “contractor” labels to avoid paying. We fight to prove that the company’s control over the driver makes them legally responsible.
- No-Fault Complexities: New York is a no-fault state, but delivery accidents often cross the “serious injury threshold,” allowing you to sue for pain and suffering beyond basic medical coverage.
Call McMahon Kublick Attorneys in Syracuse
Whether you’re located in Syracuse or the surrounding areas such as Auburn, Cortland, Lafayette, Watertown, Oswego, Fulton or in the Utica/Rome area, at McMahon Kublick, we’ve got you covered. Our confident, experienced and dedicated team of personal injury attorneys work hard to ensure you receive the financial award that is rightfully yours. To learn more or to sign up for a free consultation with our team of Central New York accident injury lawyers, call us today at 315-424-1105.
Call now to schedule a free virtual or in-person consultation. We take cases on contingency, so you pay nothing unless we win.
