The recent pandemic has helped to ignite and accelerate various trends. One of these trends is that of working from home. This work from home culture compels delivery services. As a critical need, the delivery services industry was able to find a significant increase in overall demand.
Whether it was purchasing a new pair of shoes, the latest gadgets, or getting a month’s worth of groceries, the ordering process was (and is) simple, and (depending on the delivery) it takes about 2 to 48 hours. However, the downside of the fast-growing delivery services business is the notable rise in car accidents.
Did you know an average American driver is likely to encounter at least 3 car accidents in their lifetime and that it might happen while driving a personal vehicle while working for a delivery service company?
In these particular vehicle accidents, the matter of accountability gets a little complex.
For instance, let us take a look at some car accident matters that helped that insurance companies would look at when dealing with issues in New York City or other areas.
A few decades ago, a pioneering company started food delivery. The firm promised to deliver within 30 minutes. It continued until there was a car accident with a delivery driver resulting in a $78 million suit.
In such car accident situations, who is to blame? There is a chance you might think the driver was at fault in that car accident. However, if the driver was not under severe pressure of delivering on time, there is a chance the car accident would not take place. It is in an interesting situation.
These auto accident situations may become complex and necessitate the extensive involvement of parties that range from law firms to insurance companies. While traditional car accident cases may require these parties, in some car accident cases, the level of the settlement and the intensity of the car accident case will tend to differ.
If you are looking for assistance with an auto accident in New York City, reach out to the lawyers at Gregory Spektor & Associates today. Our professionals know that we must deal comprehensively with a general motor vehicle and car accident matter.
There are various parties involved in these incidents in New York City, from insurance companies to the injured parties and it is essential to have an experienced professional on your side to help you navigate through these situations.
Whether it is Las Vegas, Los Angeles, or the city that never sleeps, New York- residents and visitors have a growing number of delivery options. Be it takeout, groceries, or office supplies- you can find that anything can be delivered to your doorstep. With that said, the fast pace of delivery work has made delivery drivers preoccupied.
This can make them more reckless in New York City and surrounding areas. Of course, this inevitably leads to car accident situations in New York City where an insurance company gets involved, an insurance claim starts to occur, a police report may be filed, and personal injury attorney professionals may start to become a part of the picture.
Delivery accidents are due to the carelessness of the driver, including:
Whatever the case may be, it is necessary to have the right legal professional on your side in New York City to navigate through these motor vehicle crash matters. The sooner you reach out to legal professionals in New York and notify them about your car insurance, the police report, and the nature of the motor vehicle accident in your free consultation, An attorney at Gregory Spketor & Associates can get to work on your case.
Car accidents are one of the most common causes of property damage, wrongful death, and personal injuries. After an auto accident involving a big rig or another type of motor vehicle, even if it is clear that the delivery driver is at fault, it is not easy to figure out who will pay for the financial damages. In such cases, the accident is verified from diverse viewpoints.
In most cases, the employee has to fill in for the damages. According to the law, the employee doesn’t have to pay for the damage if he/she falls under these factors:
If the employee agrees to these points, they are not liable to pay for the damages caused by the accident. However, if the employer is held accountable, the company’s insurance will cover the damage, including medical treatment expenses.
If the employee carries adequate insurance, the employer does not have to pay for the damage. However, if the insurance does not cover the entire expense, the employer might have to bear some financial responsibility.
The employee is liable for the accident if:
The third party is only responsible for the damage if the accident was caused due to their negligence. In this case, they will be held liable to pay for the damage to the employer and the employee.
If the delivery driver was using their vehicle, the first stop would be their insurance provider. And, if the car belongs to the company, then the company will share the liability for the accident claim.
In most cases, a company is not responsible for the acts committed by independent contractors. However, each state’s law differs, and generally, the emphasis is on whether the driver was an employee or an independent contractor. For instance, if the delivery driver used his vehicle, purchased his gas, and received no employee benefits, the delivery driver is likely an independent contractor. In such cases, the company is not liable for the damage.
Most delivery service drivers are independent contractors. For instance, a trillion-dollar company, Amazon hires independent companies and contractors to deliver orders. If the driver gets into a car crash while delivering the orders, he will be held liable even if he was under a certain level of stress to meet fixed dispatch deadlines.
Another factor to think about when looking for who is responsible for the damage is if the accident was conducted within the scope of employment.
First, the scope of employment is the range of activities that the employee is expected to do as a part of their job. Within the range of these activities, the courts will look at the following:
An employer is not held responsible for the intentional crimes committed by his employee. Therefore, after investigation, if it’s found out that the driver’s acts were intentional, the delivery driver has to pay for the damage.
With the increase in online shopping and the promise of speedy deliveries, car accidents have increased. Understanding who is responsible for the damage is the tricky part. Sometimes, the delivery driver is entirely at fault, and no one else is liable for them.
However, sometimes both the employer and the employee can be at fault. First, the investigation goes a step further, and all the crucial evidence is gathered about the accident. A background check of the driver is conducted, including their previous driver history, past experiences, and relevant history.
Often most companies hire drivers with poor driving records. And, of course, serious actions are taken against companies that hire drivers with previous egregious records. If so, the company is then justifiably roped into the negligence equation due to its negligent hiring. Negligent hiring is very often present among trucking companies and food delivery drivers.
Considering this is no simple task. Just because an employee is driving a company’s car, this does not mean his employer is responsible for all the damages. Therefore, there are several exceptions to the law where employers are not held responsible. Here are a few.
After an accident, the employee’s attorney needs to gather all the relevant information, including timesheets, emails, text messages, work orders, and everything that can potentially tie the employee’s road trip to employment.
Drivers need to prove that they are working within the scope of their employment. If they are found to be working outside the scope of or her employment, the employer will not be held responsible. The victim will only receive compensation from the driver or the insurance company but not directly from the employer.
According to the legal principles, the theory of respondeat superior is where the laws hold employers responsible for employee car crashes. Just like an employee gets injured on the job site, a delivery person is equivalent in the eyes of the law.
That means, regardless of where they are, your employees are working for you. Therefore, the laws made for employee slip and fall accidents are no different than employee car crashes. The amount of responsibility the employer bears is no different than regular on-site employees.
To settle the case of an accident is not a simple task. Several scenarios exist where the company nor the delivery driver remains at fault. However, they still have to bear the burden.
To overcome these issues, we should follow a few general guidelines. Generally, companies must hire drivers that excel in driving. Then, firms must hire drivers that don’t get distracted and know how to make quick decisions. Most importantly, delivery drivers must have insurance of their own. It should cover them when they use their vehicle. Further, it should cover them when they use the company’s car.
While recruiting, companies should institute that their drivers have such coverage to be a part of the firm.
While the above suggestions are helpful in New York, it is still necessary to have further knowledge and prepare yourself for a future car crash. If you are looking for help with a car accident or a motor vehicle collision, our attorneys at Gregory Spektor & Associates are here to help. We understand that car accident injuries occur and that injuries from traumatic brain injury to other forms of serious injury can occur.
If you are looking for help with auto insurance companies, personal injury protection, vehicle collisions, and want to learn more about how out-of-pocket expenses and medical bills, and related matters tie together, reach out to our team at Gregory Spektor & Associates today.
Our team of competent attorneys is here to help you with your personal injury matter today.
