In today’s fast-paced world, convenience is king. People expect nearly anything, groceries, medication, takeout, clothing, and electronics, to show up at their doorstep quickly. Not too long ago, the pizza delivery driver was the only person routinely dropping off meals. Today, the streets of New York are filled with delivery vehicles from Amazon, UPS, FedEx, DoorDash, Uber Eats, Instacart, courier vans, and small business fleets.
While this convenience is great for consumers, it comes with a cost: a sharp rise in delivery driver accidents. These drivers often operate under tight deadlines, pressure from delivery apps, traffic congestion, and unfamiliar neighborhoods. When rushed or distracted, they can cause serious collisions.
If a delivery driver hits you, it’s essential to understand how these crashes occur, who may be responsible, and what steps to take next. Below is a detailed, chronological guide to help you protect your rights and pursue compensation.
How Delivery Vehicle Accidents Happen – Hit by a Delivery Driver
Delivery drivers face unique pressures that increase the likelihood of collisions. Many are working long hours, navigating confusing routes, and racing against strict time quotas. This combination can lead to reckless or negligent behavior, putting pedestrians, cyclists, and other drivers at risk.
Common Causes and Types of Delivery Driver Accidents
- Pedestrian Accidents
New York pedestrians already face constant hazards, and a rushed delivery driver can easily create a dangerous situation.
• Making sharp turns without checking for people in the crosswalk
• Speeding to meet delivery deadlines
• Running red lights or stop signs
• Ignoring yield signs - Bike Collisions
Cyclists share crowded roadways with delivery vehicles, and accidents often occur when drivers fail to check blind spots or sideswipe bicyclists during turns. - Rear-End Collisions
Delivery drivers, primarily those unfamiliar with a borough, often rely heavily on GPS. Distracted by navigation apps or searching for an address, they may fail to notice stopped traffic ahead. - Head-On Collisions
Inexperienced or overwhelmed drivers sometimes make dangerous mistakes such as turning the wrong way down a one-way street, leading to devastating head-on crashes.
What To Do Immediately After A Hit by a Delivery Driver
The moments after a crash are crucial. Following the correct steps helps protect your health, your legal rights, and your ability to file a successful claim.
1. Prioritize Safety and Medical Needs When Hit by a Delivery Driver
Check yourself and your passengers for injuries. Call 911 immediately, never assume you’re “fine.” Some injuries take hours or days to appear.
2. Call the Police
Even if the damage seems minor, you need a police report. It creates an official record of the crash, documents the fault, and is often required when filing insurance claims.
3. Gather Key Information
Once everyone is safe, collect:
- The delivery driver’s name, license, plate number, and insurance information
- The name of the delivery company or the app they were driving for
- Confirmation of whether they were making an active delivery
4. Document the Scene
Take clear photos and videos of:
- All vehicles involved
- Road conditions
- Debris, skid marks, and damaged property
- Traffic signs or signals nearby
- Your injuries
5. Collect Witness Information
Anyone who saw the accident can help support your claim. Write down their names and contact details.
6. Notify Your Own Insurance Company
Report the crash promptly, even if the other party is at fault.
7. Speak With a Lawyer Before Giving Statements
Delivery driver accidents can involve multiple insurance policies, corporate liability, and complex legal rules. An attorney can protect you from saying something that insurers may use against you.
Who May Be Legally Responsible?
Liability in delivery driver accidents can be complicated. Multiple parties may be responsible depending on the driver’s employment status, insurance coverage, and company policies.
1. The Delivery Driver
The driver may be personally liable if they acted negligently, such as:
- Speeding
- Running red lights
- Texting while driving
- Making illegal turns
- Driving while tired or distracted
If the driver is an independent contractor, their personal auto insurance may be involved. Some drivers working for app-based services like DoorDash or Uber Eats use their own vehicles and set their own policies.
2. The Delivery Company
Deliveries performed by employees can expose the company to vicarious liability, also known as respondeat superior. When the driver is on the job, the employer may be responsible for damages.
Companies may also be directly liable for:
- Improper hiring practices
- Poor training
- Failure to supervise drivers
- Maintaining unrealistic time expectations
Many delivery companies carry significant commercial insurance policies:
- Amazon
- UPS
- FedEx
- USPS
For app-based drivers, companies such as DoorDash, Uber, Grubhub, and Amazon often provide supplemental insurance while drivers are actively delivering.
3. Other Potentially Liable Parties
Delivery accidents can involve more than just the driver or employer:
- Vehicle manufacturers, if a mechanical defect contributed to the crash
- Vehicle owner, if the car was borrowed or rented
- Contractors or maintenance companies, if improper repair work caused the failure
- Government agencies, if dangerous road conditions played a role
- Third-party drivers whose actions contributed to or caused the accident
Can You File a Claim If A Delivery Driver injures you?
Yes. In most cases, you can file a compensation claim. However, delivery-related crashes are often more complicated than standard auto accidents because:
- Multiple insurance policies may apply
- Companies may deny responsibility by labeling drivers as contractors
- App-based delivery platforms may only offer limited coverage during specific phases of work
- Injuries are often severe due to high traffic density and vehicle speed
Compensation may include:
- Medical expenses
- Lost wages
- Pain and suffering
- Property damage
- Long-term disability
- Rehabilitation costs
What Happens After You File a Claim when Your Hit by a Delivery Driver?
Once your claim is submitted, several steps occur behind the scenes.
1. A Claim Number Is Assigned
The insurance company (or government agency) opens a file for your case.
2. Investigation Begins
An adjuster will collect:
- Statements from you, the driver, and any witnesses
- Medical records
- Police reports
- Photos and video evidence
- Employment or delivery logs showing whether the driver was working
3. A Settlement Offer May Be Made
If liability is clear, the insurer may offer money to settle the case. Your attorney evaluates whether the offer is fair or too low.
4. Disputes May Lead to a Hearing or Lawsuit
This may happen if:
- The insurer denies that the driver was working
- The driver is uninsured or underinsured
- The company disputes responsibility
- Injuries are severe or lifelong
- The settlement offer is inadequate
For injured delivery workers (such as bicyclists or moped couriers), workers’ compensation claims follow a separate process with its own claim number, hearings, and medical benefits.
What to Do While Your Claim Is Pending
Seek and Follow Medical Care
Your treatment records become crucial evidence.
Notify the Company in Writing
Always create a paper trail showing the incident was reported promptly.
Continue Gathering Evidence
Keep all:
- Medical bills
- Receipts
- Pay stubs showing lost wages
- Photos of injuries
- Correspondence from insurers
Know the Legal Deadlines
- 3 years to file a personal injury lawsuit in New York
- 30 days to file a workers’ compensation claim (if you were working at the time)
Delivery-related accidents are becoming increasingly common in New York as demand for rapid delivery grows. If a delivery driver hits you, whether it’s a major company van, a courier vehicle, or someone driving for an app, the path to compensation can be complicated. With multiple insurance companies involved and questions about employment status, it’s essential to take the proper steps from the beginning and get legal guidance early.
Speak to an attorney before giving any recorded statement.
Siler & Ingber Accident & Injury Attorneys
The Law Firm You Can Trust When It Matters Most
📍 Offices: 301 Mineola Blvd., Mineola, NY 11501
📞 Phone: (516) 294-2666
🌐 Website: https://www.nylawnet.com/
📧 Email: ringber@nylawnet.com
Serving clients across New York City and Long Island. No fee unless we win your case.
