The Rise of “Last-Mile” Accidents: Your Rights After a Delivery Truck Crash in Albany
If you live in Albany, Colonie, or Latham, you’ve seen them: the fleet of dark blue Amazon Prime vans, white FedEx trucks, and brown UPS vehicles double-parked on Central Avenue or rushing through neighborhoods throughout our towns.
While the convenience of two-day delivery is undeniable, the pressure on these drivers to meet tight deadlines has created a new danger on Capital Region’s roads.
At Anderson, Moschetti & Taffany, PLLC, we are seeing a spike in inquiries from drivers and pedestrians hit by these “last-mile” delivery vehicles. If you have been injured, it is critical to understand that this is not a standard car accident case. It is a complex legal battle against massive corporations and their insurers.
Why Delivery Van Accidents Are Different from Regular Car Crashes
When you are hit by a neighbor’s sedan on Washington Avenue Extension, you are typically dealing with a personal auto insurance policy. But when you are hit by a commercial delivery van, the road to legal recovery for your injuries changes dramatically.
1. The Independent Contractor “Loophole” Many delivery drivers, especially those delivering for Amazon or regional courier services, are not legally speaking, employees of the company. They often work for third-party “Delivery Service Partners” (DSPs).
- The Risk: The parent company (e.g., Amazon) may attempt, through its army of attorneys, to deny liability, claiming the driver was an independent contractor. Under New York law, the legal duty of a company utilizing independent contractors is more limited than if the driver is a corporate employee.
- The Solution: Our Albany personal injury lawyers know the law governing corporate responsibility in this context and are your best resource to ensuring that you receive the compensation you deserve against a negligent driver of one of these companies.
2. Much Higher Insurance Limits: Non-commercial passenger vehicles in NY often carry only the required state minimum of $25,000 in bodily injury coverage. Commercial delivery vehicles, however, are often backed by policies worth $1,000,000 or more. Additionally, companies such as Amazon and UPS are often self-retained, meaning that they have resources available to readily satisfy settlements and judgements following trial.
- What This Means for You: If you have suffered a “serious injury” (such as a fracture, herniated disc, or TBI), there is an avenue to recovery to compensate you for your pain and suffering and other damages—if your lawyer knows how to access it.
Common Causes of Delivery Accidents in Albany County
The “last-mile” of delivery is the most dangerous. Drivers are often navigating unfamiliar residential streets while under immense pressure to deliver hundreds of packages on each shift. Common causes we see in Albany include:
- Sudden Stops & Double Parking: Causing rear-end collisions on busy roads like Central Avenue in Albany or Hoosick Street in Troy.
- Distracted Driving: Drivers are constantly checking GPS devices and delivery scanners while the vehicle is in motion.
- Fatigue: Long shifts, especially during peak holiday seasons, lead to accidents resulting from driver fatigue on roads and interstates in the Capital District.
Who Pays My Medical Bills and Lost Wages?
Because New York is a No-Fault state, your initial medical bills and some portion of your lost wages will be paid by the insurance company covering the car you were driving or in which you were a passenger (or the policy of the vehicle that hit you if you were a pedestrian).
However, typically there is only $50,000 available for payment of medical bills and lost wages. To seek compensation for pain and suffering, and for medical bills and wages more than the amount available through No Fault, you must file a claim against the commercial vehicle company. This is where the battle begins. You will need an experienced personal injury attorney who knows the law governing claims against these companies, and who will seek recovery on your behalf for the full measure of your damages.
Why You Need an Albany Lawyer for a Commercial Vehicle Case
You cannot treat a FedEx or Amazon truck crash like a fender bender. You need a law firm that understands:
- Commercial Discovery: How to conduct discovery during litigation to ensure the company is held legally accountable for the actions of its driver.
- Corporate Structure: How to identify the correct corporate entity to sue.
- Local Courts: How Albany County and Capital District juries perceive commercial negligence.
Call to Action: Don’t Go Up Against a Corporate Giant Alone. If you were injured by a delivery truck or rideshare vehicle in the Capital District, you need a team that has decades of experience in litigating complex cases. Contact Anderson, Moschetti & Taffany, PLLC today at (518) 785-4900 for a free consultation. We will help you navigate these complicated legal waters and fight to recover the maximum compensation on your behalf.