Who Pays When a Pedestrian Is Hit by a Delivery Vehicle?

When a pedestrian is hit by a delivery vehicle, that vehicle’s insurance company typically pays for immediate medical bills and lost wages. However, other parties may also be responsible for your damages depending on the circumstances of the accident.

A collision with a delivery vehicle can leave you with serious injuries, unexpected medical bills, and uncertainty about what comes next. Recovering compensation for a pedestrian accident can be challenging, even if you were clearly not at fault.

A New York City pedestrian accident lawyer can identify who is responsible for your losses and help make sure you are fairly compensated.

Who Pays When a Pedestrian Is Hit by a Delivery Driver?

When a pedestrian is hit by a delivery truck in New York, the commercial vehicle’s insurer is typically the primary payer for your first $50,000 in medical bills and lost wages under the state’s “no-fault” rules. 

If your injuries exceed this basic coverage, you may be able to pursue a personal injury lawsuit against the delivery company or the driver to cover the remainder of your losses.

Who Else Could Be Liable?

In many delivery vehicle accidents, the employer’s commercial insurance policy is the primary source of compensation. However, other parties may also be responsible depending on how the accident occurred and who contributed to your injuries.

Other sources of compensation may include:

• The delivery driver‘s personal insurance: If the driver was not covered by the employer’s policy or was acting outside the scope of their job, their personal auto insurance may provide coverage.
• A third–party driver‘s insurance: If another motorist contributed to the collision, that driver’s insurance company may be responsible for part or all of your damages.
• An independent contractor‘s commercial policy: Some delivery drivers work as independent contractors who carry their own commercial or business auto insurance.
• A vehicle manufacturer‘s insurance: If a defective vehicle component caused the accident, the manufacturer may be held liable through a product liability claim.
• A maintenance company‘s insurance: A company responsible for servicing the delivery vehicle may be liable if negligent repairs or poor maintenance contributed to the crash.
• Your own insurance coverage: Depending on your insurance policies and the circumstances of the accident, your own coverage may help pay certain expenses while liability is being determined.
• Uninsured or underinsured motorist coverage: If the at-fault party lacks sufficient insurance, uninsured or underinsured motorist coverage may provide additional compensation.

What if You Were Partially at Fault?

When it comes to motor vehicle accident cases, New York enforces a modified comparative negligence rule. This means that if you are more than 50% at fault for a car accident, you cannot recover any compensation. If you are 50% or less at fault, you can recover damages, but your payout is reduced in proportion to your percentage of blame.

For example, if a jury determines that your total damages are $500,000, and you are found to be 25% responsible for the crash, your compensation would be reduced to $375,000.

What if You Suffered Serious Injuries?

If your injuries meet New York’s “serious injury” threshold, or your economic losses exceed your insurance policy’s limits, you may be able to file a personal injury lawsuit against the at-fault party in addition to receiving available no-fault insurance benefits.

This can allow you to seek compensation for losses that are not covered by no-fault insurance, including pain and suffering.

Examples of qualifying injuries include:

• Traumatic brain injuries
• Spinal cord injuries
• Broken bones
• Internal injuries
• Severe lacerations or burns

What Types of Compensation Can You Recover?

You can pursue compensation for a variety of damages after a pedestrian accident, including:

• Medical expenses: You can recover the costs of emergency treatment, hospitalization, surgery, rehabilitation, medication, and future medical care.
• Lost wages: You can seek compensation for income you lost while recovering from your injuries.
• Reduced earning capacity: You can recover additional damages if your injuries permanently affect your ability to earn a living.
• Pain and suffering: You can receive compensation for physical pain, emotional distress, and reduced quality of life.
• Permanent disability: You can recover damages for long-term impairments, disfigurement, or loss of bodily function.
• Property damage: You can seek reimbursement for damaged personal belongings such as phones, eyeglasses, or electronic devices.
• Wrongful death damages: If you lose a loved one in a pedestrian accident, you and your family may pursue compensation under New York’s wrongful death laws.
• Punitive damages: You may be awarded punitive damages if the at-fault party’s conduct was especially reckless, intentional, or demonstrated a conscious disregard for the safety of others.

What Should You Do After Being Hit by a Delivery Vehicle?

The actions you take immediately after the accident can either strengthen or weaken your injury claim.

If you are able, you should:

• Call 911 and request emergency medical assistance.
• Report the accident to law enforcement.
• Obtain the driver’s name, employer, and insurance information.
• Take photos of the vehicle, accident scene, crosswalks, traffic signals, and your injuries (if possible).
• Collect contact information from witnesses.
• Avoid discussing fault with the driver or insurance company.
• Get evaluated by a doctor, even if your injuries don’t seem serious.
• Save your medical records, bills, receipts, and any proof of lost income.
• Follow your doctor’s treatment plan.
• Contact our personal injury lawyers before accepting a settlement offer.

Get Help From a Pedestrian Accident Attorney

Pedestrian accident liability can be complicated. If you or someone you love was hit by a delivery vehicle, a pedestrian accident attorney from Shulman & Hill Injury Lawyers can gather evidence to prove who’s at fault and help you hold those parties financially accountable.

Schedule a free case review to discuss your situation with a lawyer.