Sackstein Sackstein & Lee, LLP
154-08 Northern Boulevard
#2C
Flushing, NY 11354
Telephone: (718) 587-0911
Delivery vans, box trucks, and gig drivers are on nearly every block in Queens, from the commercial strips of Flushing and Jackson Heights to the residential streets of Bayside, Forest Hills, and Jamaica. Drivers working against tight delivery quotas stop suddenly, double-park, make quick U-turns, and rush between stops, and the people around them pay the price.
Delivery vehicle accidents raise a question that ordinary car accidents usually don’t: who is actually responsible? The answer depends on whether the vehicle belonged to Amazon, UPS, FedEx, the U.S. Postal Service, a local business, or a gig driver using a personal car. Sackstein Sackstein & Lee, LLP has represented injured New Yorkers since 1952, and from our office in Flushing we help people hurt by delivery vehicles throughout Queens identify every responsible party and pursue full compensation.
Our Queens personal injury lawyers also handle truck accident and pedestrian accident cases.
Possibly. Many Amazon vans are operated by independent delivery companies that employ the drivers, and Amazon often argues that it is not responsible for those drivers. The delivery company and its insurance are usually the starting point, but Amazon may also be responsible in some situations, depending on how much control it exercised over the driver and the delivery. We investigate who owned the van, who employed the driver, and what contracts were in place.
UPS drivers are generally company employees, so a claim usually proceeds against UPS and its insurance. FedEx Ground relies largely on contracted service providers, so the claim may involve the contractor that employed the driver, and sometimes FedEx as well. Either way, the crash should be investigated quickly, because both companies track their vehicles and routes electronically.
Claims involving postal vehicles are brought against the United States under the Federal Tort Claims Act. You must first file a written administrative claim with the Postal Service, usually on Standard Form 95, within two years of the accident. If the claim is denied, you generally have six months from the denial to file a lawsuit in federal court. You cannot sue the postal driver personally.
It depends on what the driver was doing in the app at the time of the crash and on the driver’s own insurance. Some delivery apps provide coverage during an active delivery, and the driver’s personal auto policy may also apply, although some personal policies exclude driving for delivery. Your own no-fault coverage pays your initial medical bills and some lost wages, regardless of who was at fault.
E-bikes that meet New York’s legal definition are not considered motor vehicles, so riders are not required to carry insurance and no-fault benefits generally do not apply. You may still have a claim against the rider, and in some cases against a business that employed the rider. Gas-powered mopeds and faster electric mopeds must be registered and insured, so different rules may apply. Because collecting compensation can be harder in these cases, it helps to speak with a lawyer early.
If you were hurt by a delivery car, van, or truck, generally yes. New York’s no-fault rules apply, so to recover for pain and suffering you usually must show a “serious injury” as defined by state law, such as a fracture, significant disfigurement, the permanent loss of use of a body part, or a permanent or significant limitation of a body function or system. For lawsuits filed on or after May 26, 2026, an injury that only kept you from your usual activities for 90 of the first 180 days no longer qualifies on its own.
A delivery driver who double-parks or stops in a travel or bike lane may share responsibility for a crash. For motor vehicle injury lawsuits filed on or after May 26, 2026, New York bars recovery only if your share of the fault is greater than the combined fault of the people you are suing. If you were 50% at fault or less, your compensation is reduced by your percentage of fault.
Most injury claims in New York must be filed within three years of the accident. Claims involving a postal vehicle require a federal administrative claim within two years, and claims involving a New York City vehicle generally require a notice of claim within 90 days.
If you are an employee, workers’ compensation generally covers your medical care and part of your lost wages, and you may also have a claim against another driver who caused the crash. If you work as an independent contractor for an app, workers’ compensation usually does not apply, but you may have claims under your own auto policy, any coverage the app provides, and against the at-fault driver. Being labeled a contractor does not always mean you are not an employee, so it is worth having your situation reviewed.
There is no upfront cost. These cases are handled on a contingency fee basis, typically one-third of the recovery, as permitted under New York court rules, and you pay a fee only if we recover compensation for you.
Delivery companies, contractors, and apps often point to one another after a crash. We cut through that and focus on getting you compensated. Call our Flushing office at (718) 587-0911 to schedule your free consultation. If your injuries make travel difficult, we can meet you at home or in the hospital by appointment.
