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Debunking independent contractor claims in NYC delivery van accidents

On Behalf of | Oct 15, 2024 | Car Accidents |

A growing fleet of delivery vans now dominates New York City’s streets. The boom in online shopping and food delivery services has reshaped the city’s traffic patterns, with these vehicles weaving through neighborhoods to meet the demands of millions of city dwellers. However, this surge in delivery traffic has also led to a rise in accidents, leaving many victims grappling with injuries and mounting expenses.

If you were injured in such an accident, you might face challenges if the company claims the driver was an independent contractor. With the proper understanding, you can effectively challenge this increasingly common defense, especially in the growing gig economy.

Why companies use the independent contractor defense

Delivery companies frequently label their drivers as independent contractors, aiming to:

  • Avoid responsibility for the driver’s actions
  • Reduce costs for benefits and insurance
  • Limit their legal and financial obligations

However, this classification isn’t always accurate or legal. Many so-called contractors may actually qualify as employees under the law.

Challenging the independent contractor claim

When seeking compensation, consider factors such as:

  • The company’s level of control over the driver
  • Whether the driver works exclusively for one company
  • If the company provides equipment or training
  • How the driver gets paid, which could be hourly or per delivery

New York courts scrutinize these classifications using specific tests to determine a worker’s status, which can benefit those seeking compensation.

Implications for your accident claim

The 2020 Freelance Isn’t Free Act and recent court decisions regarding gig workers have provided new tools for debunking independent contractor claims. These developments often favor a broader definition of “employee,” which can work in your favor.

When faced with an independent contractor defense, it is advisable to:

  • Remember that many factors determine actual employment status, regardless of labels
  • Gather detailed information about the accident and company-driver relationship
  • Consult with a commercial vehicle accident attorney to strengthen your case

You may still have options even if the driver is legitimately an independent contractor. You could file a claim against the driver’s personal insurance or explore other recovery avenues.

New York laws often favor accident victims. Actively disputing independent contractor classifications can significantly boost your chances for fair compensation. Don’t let this tactic deter you from pursuing your rights. With the right approach, you can effectively debunk these claims and seek the justice you deserve.

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