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1 800 HURT 511

The Sanders Law Firm

Auto-Accidents FAQ

A car accident can be a very traumatic and often a life-altering experience for that leaves everyone involved, leaving its participants confused with many unanswered questions. If you have been in a car accident, either in a driver or a passenger capacity, call HURT-511 for a free consultation with any of our experienced automotive accident attorneys or read on for answers to the most common questions asked by car crash victims.

What should I do right after a car accident?

  • The urgency with which you proceed immediately after a car accident can and will affect how your claim is processed. The cardinal rule to remember is to never leave the scene of the accident if for no other reason than having to face criminal charges regardless of whether or not you were at fault.
  • The initial step is to call 911 if anyone involved in the accident has been hurt. Then call the police to the scene and file an accident report, but remember not to admit liability – that’ll be thoroughly investigated later. Get the names and contact information of everyone involved including all witnesses. Also, take as many picture of the scene, damage to all vehicles involved and bodily injuries as you can.

What information do I need to file a claim?

To successfully file a claim for a vehicular accident, it is imperative to gather as much information as possible, which usually includes

  • the contact information for everyone involved
  • the contact information for all witnesses
  • a thorough account of how the accident occurred,
  • photographs of the scene of and bodily injuries accident at the time of the accident

What to do if I was involved in a hit-and-run?

  • Just like you would in any other accident, first call the police to report being a victim of a hit-and-run, then collect the contact information of any witnesses, take photographs of the scene and seek medical attention.

What to do if the other driver is uninsured?

  • You can look for compensation from your insurance vendor under underinsured and uninsured motorist (UM or UIM) coverage policy. However, not every state requires the inclusion of UM or UIM in auto insurance policies, so the only remaining option may be filing a personal suit against the uninsured driver.

Note: UIM/UM coverage is usually very affordable and a reliable way to ensure your and your loved ones’ welling in the event of a serious accident.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Workers’ Compensation for Drivers

In New York, workers’ compensation laws are in place to ensure that every employee who suffers an injury during the course of their work receives benefits to cover their losses. In order to make a claim under these laws, the injuries must have occurred as a result of off-site work related tasks or operations while on a job site. If you are a commercial truck driver injured on the job, you may qualify for benefits under your employer’s coverage. Workers’ compensation laws are created and administered at the state level, and it is a specialized area of personal injury law.

Injured truck drivers should act quickly since claims could be denied if not filed in time. It is important to file a workers’ compensation claim as soon after the accident as possible because failure to timely file this type of claim can result in your claim being denied outright. In New York, the law states an employee should report a work-related injury to the supervisor within 45 calendar days of the date of the injury or date that a doctor first tells an employee the injury is related to work.

Workers’ compensation claims in New York also have a specific statute of limitation, often one calendar year from the date of injury or last voluntary payment made by the insurance company on the employee’s behalf. Timely filing a claim is critical, as treatment for common injuries such as ligament tears, herniated discs, and broken bones can be costly if they must be paid out-of-pocket.

It normally does not matter who was at fault for an accident when filing a workers’ compensation claim. It typically operates as a “no-fault” system, meaning the employee must only show that he or she got hurt in the course and scope of employment. For example, if you were making a delivery and driving on your typical route when your car began to skid on ice and then crashed, your claim should be covered. However, if you had taken a detour to run a personal errand, it may not be covered.

In most states, it’s the law to call the police after an accident involving injury to persons or property. When you call the police, their officers should investigate the crash and issue a police report to document important information such as the parties involved, witnesses, insurance, property damage, tag numbers, VIN numbers, and the like. Even if you only exchanged information with the other driver at the scene, you should consider reporting the accident to the police so that they will issue a police report.

No matter how an accident occurred, it is important to conduct a thorough investigation. If it turns out a third party’s negligence contributed to your injury, you could simultaneously assert a third party claim against that individual or entity while you recover workers’ compensation benefits.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Benefits for Injured Drivers

Getting injured at work can leave you with extensive medical bills and reduced ability to work. In New York, laws are in place to make sure you are able to pay these bills, recover lost wages, and obtain disability benefits if returning to work isn’t possible.

An accident with another vehicle can be catastrophic, not to mention stressful. Being involved in a wreck can affect your life in a split second. Consider medical bills, missing work, your damaged car – not to mention the physical injuries you may suffer. The chances of serious injury can increase with the presence of an 18-wheeler truck or big rig. The average sedan weighs between 3,500-4,000 pounds. The average 18-wheeler, on the other hand, weighs 80,000 pounds.  In a car vs. 18-wheeler crash, the smaller car normally bears the brunt of the impact.

Whether you are covered by workers’ compensation or not can depend on your employment status. Independent contractors may not be covered. If you are an owner/operator, you may have occupational insurance, which differs from workers’ compensation administered at the state level.

If you are covered by your employer’s policy, you can be covered for injuries that occur in the course and scope of employment. The most common example is a truck accident, which could be a single car accident or multi-vehicle pileup. You could also assert a claim if you get hurt after a slip and fall, either on the truck or someone else’s property.

Workers’ compensation laws generally cover three forms of damages – medical benefits, wage benefits, and disability benefits. Medical benefits cover treatment related to the accident, such as doctor bills, physical therapy, and prescriptions. In order for your medical treatment to be covered, it must be approved through workers’ compensation.

Wage benefits compensate the injured worker for a designated portion of his or her average weekly pay. For these benefits to be awarded, a doctor will take the employee off of work. Total disability benefits can be awarded if an injury becomes permanent. The way an injured truck driver can know whether the injury is permanent is if the authorized treating physician gives an anatomical impairment rating.

An accident with another vehicle can be catastrophic, not to mention stressful. Being involved in a wreck can affect your life in a split second. Consider medical bills, missing work, your damaged car – not to mention the physical injuries you may suffer. The chances of serious injury can increase with the presence of an 18-wheeler truck or big rig. The average sedan weighs between 3,500-4,000 pounds. The average 18-wheeler, on the other hand, weighs 80,000 pounds.  In a car vs. 18-wheeler crash, the smaller car normally bears the brunt of the impact.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

What To Do After Colliding With A Truck

If you’ve driven next to a commercial truck or have seen a big truck crash into car, you may be worried what would happen if you had the misfortune of being such a collision. You’re not alone in your concerns. Injuries in an 18-wheeler crash can range in severity. You may suffer whiplash or forms of soreness, tightness, or stiffness. Severe crashes can lead to broken bones, disabling conditions, or even death.

If you feel pain after a truck accident, you should have a licensed medical professional assess your condition. Seeking prompt treatment can help you recover as quickly as possible. Depending on what the doctor sees, you may need to be referred to a specialist, such as an orthopedic doctor for disc injuries or neurologist for headaches or head injuries.  Without medical records documenting your symptoms and condition, it can become difficult to prove they are causally related to the wreck.

Immediately after the accident, police must be present at the scene. In most states, like New York, the law requires police to be called after an accident the culminates in any type of personal injury or property damage. The police will acquire statements from the involved parties and will need photos, and statements of any witness that may still be on the scene. Often, witnesses are left off of a police report, so if you’ve taken care to document the names of witnesses, your attorney can contact them for alternate version of events.

It is always beneficial to secure as much evidence as possible after a crash involving a semi-truck, so document as much as possible including witness information, pictures of the vehicles, pictures of your injuries, and any other relevant information. If you’ve sustained suffered visible bruising or skin tears photograph those areas immediately.

Assuming you can prove the other driver caused the accident, the focus shifts to damages. While most people injured in truck accidents simply wish they could turn back time to where the wreck never happened in the first place, we know that’s not possible. Instead, the form of recovery is monetary damages.

If you are hurt in a truck accident, you can recover compensatory damages designed to make you whole. Included in these damages are reimbursement for medical bills, prescriptions, medical devices like crutches, lost wages, property damage (car repairs, total loss, etc.), and out of pocket expenses. If you suffered a traumatic injury, your attorney may need to consult with expert witnesses to document future losses, such as medical bills and lost earnings.

Your disability settlement may be given to you in a lump sum. This is a one-time payment meant to cover treatment and lost time working. While it is a predetermined amount, you could instead receive the amount in installments, such as weekly or monthly payments. While the exact amount varies, you will most likely receive about two-thirds of your salary before your shoulder injury. Some states put a limit on how long you can receive workers’ compensation payments. For example, in New York, you can receive it for up to 525 weeks if you have lost all your earning capacity.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

Knee Injuries In Automotive Accidents

Suffering knee injuries not only causes intense pain and severely affect your everyday activities including limiting your ability to go to work, complete basic chores and extracurricular activities. Those who suffer pain as a result of being involved in an accident may need to be checked out by the doctor for post-accident symptoms like soreness, stiffness and limited range of motion.

Knee injuries sustained in motor vehicle accidents can vary in severity depending on whether the injured party was a driver or a passenger. In case of being rear-ended by another vehicle, for example, both knees could be pushed into the steering wheel or below the dashboard. Initial sore and stiff knees will have a limited range of motion, but these seemingly benign symptoms can indicate a more severe underlying conditions. The full extent of knee injuries cannot be fully ascertained without treatment by a medical specialist like an orthopedist and thorough testing procedures like Magnetic Resource Imaging (MRI).

The most commonly presenting types of knee lesions involve sprains and strains. With these type of truck accident injuries, severe pain is felt without any underlying ligament or cartilage tear. Most doctors will suggest the “RICE” therapy – Rest, Ice, Compression, Exercise. But having and a post-accident injury is classified as a strain or sprain does not you’re out trouble-free. Knee sprains and strains often extend past discomfort and become chronic injuries that become exacerbated due to weather or strain you put on these weight baring joints.

An experienced truck accident attorney is invaluable in these events. Truck companies begin investigating a wreck immediately, so you will want to be represented by an attorney that marshals the resources to match that urgency. One of the seasoned truck accident lawyers at HURT-511 will know the details of personal injury laws in New York your state, federal trucking regulations, and steps to take to protect your legal rights. It will be of outmost importance to take steps to prevent destruction (accidental or intentional) of key evidence like driver logs and black box data. It may be necessary to also consult with accident reconstruction experts if liability is contested. Hiring a personal injury lawyer means you have someone on your side throughout the entire process, from start to finish.

Lack of transportation can snowball into other issues. Missed work could mean no paycheck, which could mean getting behind on bills and not being able to afford life’s necessities. To ensure your car gets fixed, you can go through your own insurance company. However, if you do not have collision coverage your only choice may be to go through the trucking company’s insurance. A full service personal injury law firm can assist on your property damage claim by helping you get a rental car and doing what’s possible to speed up the investigation, such as contacting witnesses.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

Driving In Bad Weather Conditions

At all times, drivers must exercise caution behind the wheel. This principle applies no matter what type of vehicle you are driving, no matter what day of the week, and no matter what time it is. Private citizens must also follow the rules of the road set forth by the city, county, and state within which the vehicle is being operated. 

Truck accidents in bad weather are often tied to negligence, especially when a driver does not react accordingly. Drivers should begin to slow down during the following weather conditions – snow, rain, ice, wet roads, reduced visibility due to fog. Further, drivers should slow down when approaching curves and travelling on uneven roads, gravel roads, or construction zones. Failing to drive safely during bad weather could force a truck driver to brake suddenly in order to come to a complete stop, for example. This activity could lead to a jackknife accident with another vehicle.

Accidents involving 18-wheelers can be complicated. These vehicles have become highly specialized in recent years, and drivers are supposed to go through proper training before being allowed to operate them on public roads. One such requirement is obtaining a valid Commercial Driver’s License (CDL).

In certain circumstances, special endorsements are required, such as for those who drive trucks with double trailers, triple trailers, tanks, trucks carrying hazardous materials, and passenger vehicles. Elevated standards are in place for commercial truck drivers because accidents involving them can produce catastrophic injuries like paralysis, brain trauma, spinal cord damage, and permanent scarring.

Big trucking companies know how much is at stake following a catastrophic accident. They are known to expend significant resources into defending such claims from the outset. If a victim cannot obtain the proof needed to establish liability, that person may end up uncompensated for medical bills, time off from work, and the cost of future surgeries and medical treatment. Thus, it is critical to conduct a thorough investigation.

Of course, the facts of a truck accident itself should be examined by obtaining the police report and reaching out to independent witnesses. However, it is necessary to dig deeper, and hiring an experienced truck accident attorney can go a long way in ensuring critical information is uncovered and identified.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Under-ride Automotive Accidents

An under-ride accident is when a car crashes into the rear or side of a semi-truck or tractor-trailer and ends up underneath. Trucking statistics show that over 200 people are killed in these types of wrecks each year. When a car slides underneath a trailer, sometimes the top of the vehicle is sheared off. If a victim is fortunate enough to survive the crash, that person may sustain serious and permanent injuries.

Many factors make big rigs dangerous to other drivers on the road. Trucks weigh much more than passenger vehicles, which makes braking slow. It may take 20 to 40 times longer for a big truck to come to a stop than a typical car. Large trucks cannot maneuver like smaller vehicles, and they have blind spots, even when they utilize mirrors. Drivers often work for many hours and drive long distances at a time, causing potential fatigue.

There may be multiple causes and contributing factors in large truck accidents. There are three main categories of accident causes, including human error, mechanical failure, and external conditions. The most common causes of accidents are human errors. These include such things as improper lane changes, speeding, tailgating, failure to yield, distracted driving, and impairment. Of these, distracted driving is one of the most common factors that contribute to all accidents, including big rig crashes.

Physical evidence from the truck and crash scene – A heavy-impact accident could cause disabling damage that requires the big rig to be towed to a local wrecking yard. After the accident, the trucking company could track down the vehicle and immediately pay to have it moved somewhere else or taken out of commission.

Before too much time passes, an attorney working on your behalf can send an investigator to inspect the vehicle and take necessary photos or measurements. The same can be said for the accident scene. An accident reconstruction expert can visit the scene, document the scene, take measurements, and look for skid marks and other physical evidence.

Trucking companies must maintain adequate records regarding employees hired. It is not difficult to imagine that some companies are more organized than others. A lawyer who gets involved in a case can immediately send a spoliation of evidence letter requesting that certain information be preserved, including the trucker’s application for employment, CDL, background check results from the hiring phase, complaint history, and mandatory drug and alcohol testing results.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Punitive Damages In Trucking Accidents

Truck crashes are among the most severe types of accidents. When a truck collides with a passenger vehicle, severe injuries and fatalities are common. When a truck driver or trucking company is negligent in a crash, they are responsible for all damages resulting from the collision. Your damages may include your medical expenses, money for pain and suffering, and reimbursement for lost wages. In New York, the law limits the amount of money you can recover in a personal injury case in a few situations.

Punitive damages are only awarded in cases where there was gross negligence. Punitive damages are meant to punish the offender and deter them from committing the action again in the future. In New York, the punitive damage award cannot exceed specific limitations. In general, the amount of punitive damages cannot be higher than two times the economic damages plus the amount of non-economic damages.

The total cannot exceed $750,000. In medical malpractice cases, you may sue for all your economic damages with a cap on non-economic damages. The total recoverable damages are $500,000. Claims against governmental entities have a limit of $100,000 per person and $300,000 in a single occurrence.

Every case is different and has a unique set of facts. Your attorney will review your accident to determine the best way to proceed. Many personal injury cases are settled before they go to trial. A truck accident attorney in Houston will work on your behalf to gather evidence and negotiate a fair settlement. Only if a settlement cannot be reached will the matter proceed to court.

After any motor vehicle accident involving a commercial truck, it is important to immediately begin taking steps to investigate the accident, prevent spoliation of evidence (including black box data and driving logs), interview witnesses, and identify all parties involved. Potential defendants in a truck accident case could include the driver, his or her employer, and either a parent company or subsidiary of the employer, depending on the facts conducting a thorough investigation will assist in developing the case and preparing a lawsuit, if necessary.

Accidents with big rigs often result in severe injuries to the other drivers and passengers. Some of the most common injuries include traumatic brain injuries, head and back injuries, whiplash, broken bones, cuts and bruises, burns, and puncture wounds. Some severe injuries may be life-threatening, and the recovery may be lengthy and painful. The driver or trucking company may be found negligent in causing the accident. If you were hurt due to the negligence of another, you might be entitled to compensation for your injuries. You may be owed money for your medical bills, lost wages, pain and suffering, and more.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Employer’s Liability in On-the-Job Car Accidents

When employees hop in their cars to run errands for work, employers might feel released of liability if a kind of out-of-sight, out-of-mind way. Employees are in their own cars, and for which they better have their own insurance. If they cause an accident, some bosses feel like that’s the employee’s problem, but sometimes the liability does fall on the employer. Lawsuits can be brought against an employer for an employee’s negligent acts while working off premises and workers’ comp can apply if the employee is hurt off premises while on the clock. Of course, when insurance is involved, you can bet it’s complicated so let’s take a look at how and when an employer can be held liable for employee accidents.

Vicarious liability puts the liability of an employee on the employer while the employee is serving the employer. An employer can be held liable for an employee’s negligent actions while working (or traveling for work). Vicarious liability gives victims the right to sue employers for the damage employees cause while on the clock. So for example, if an employee drives to the bank for her employer and injures someone in an accident, the victim could sue the employer for damages. Suing an employer is usually more lucrative than suing an employee so victims can use this law to get the most out of a lawsuit. Vicarious liability can be a nice loop hole to get more money, but it’s also an important protection.

The thing to understand here is that vicarious liability can make a company liable for something that happens off premises. If an employee drives somewhere for work purposes and gets into an accident and badly injures someone or collides with another car, the employer can be sued to cover the damages that the employee can’t afford to pay.

So what about the employee’s car insurance? Shouldn’t the employee’s car insurance take care of any damages or injuries? Yes, it should and will in most cases. The problem arises when the employee doesn’t have enough coverage. This can happen when there are multiple victims in an accident. All of the victims’ judgements combined might cost far more than a normal policy covers and so the victims go to the next in line, the vicariously liable employer. The same might be true for damage done to an incredibly expensive car. If an employee totals a $300,000 car, the employee’s insurance probably wouldn’t be enough to cover it.

An employer should protect itself against this eventuality by adding the appropriate coverage to their business auto policy. The extra insurance adds coverage beyond what the employee’s insurance covers. Having this coverage doesn’t mean that the employee’s insurance doesn’t get used in the case of an accident. The insurance follows the vehicle so if an employee was in an accident in their own car, their insurance is primary. The employer’s insurance kicks in if the employee’s insurance wasn’t enough to cover the damage.

Employees can be eligible for worker’s compensation if they were injured while driving their personal vehicles for work related purposes. Again, if an employee was insured at the time of the accident, the employee’s insurance pays for injuries up to the covered amount. After that coverage is drained, the worker’s comp could cover further injuries or lost wages.

The employer may be held accountable when an employee is commuting to and from work, the employer is not liable for the employee. If the employee stopped in a coffee shop after running a work errand but before returning to work, they could not make a claim against the employer. Likewise, an employee could not make a claim against the employer if the accident happened after completing a work errand and heading home. The employer’s liability does not include damage to the employee’s vehicle or the cost of the deductible.

These cases include many details and are not easy to navigate without the assistance of a qualified legal professional. Remember, each case is unique, so contact HURT-511 for more information on workers’ comp statute and our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

When Car Accidents Are Considered On-the-Job

Whether someone is on the job while driving is not always a simple question. In general, any time someone is performing any duties related to work, the person can be considered on the job even when he or she is also doing personal business and driving a personal car. For example, running errands in a personal car during lunch is not considered work-related, but if the employee is also picking up or dropping off something for work, the lunchtime driving becomes “on-the-job” time. Likewise, commuting to and from work generally is not considered on-the-job driving, even in a company car. But if the driver has to make work-related stops on the way, or has to drive to and from a job site other than the usual place of business, the driving might legally be considered on-the-job driving.

When you’re injured in an accident caused by someone who you think was “on the job” at the time of the crash, proving that was the case isn’t usually something that will fall to you. Most drivers have personal liability car insurance coverage, so if you believe the driver might have been on the job, send a notice of the accident to both the employer’s business insurance company and to the driver’s personal insurance company. Then the two insurers will have to sort out which one will provide the primary coverage for damages resulting from the accident.

If you agree to your employer’s request to take packages to the post office and have a serious car wreck on the way, you are most likely acting within the scope of employment since your employer is benefiting from your action of taking the business packages to the post office in your personal car. You are on the job. But, if you have dropped off the packages, stopped off for dinner and are then on your way home when you have an accident, driving home after dinner had no benefit to your employer so you were no longer “on the job” and your employer will not be liable.

Your employer is almost never liable for a serious accident you may have on your way to and from work. But, if your job requires you to stop and inspect a job site, pick up supplies, make a sales call or any other business related activity, your employer will be liable if you negligently cause a car crash. But, what if you stop along the way to pick up your dry cleaning and have an accident either on your way to the dry cleaners or after you have left it? This is a scenario that has no easy answer. It will have insurers and personal injury lawyers working to sort through the facts and evaluate the circumstances and may require a trial in order to have a final answer.

Only if the driver is personally uninsured, or has insurance coverage so low that it does not provide full compensation for your injuries, will you have to concern yourself with the question of whether the employee was on the job when the accident happened. If there is no simple answer, then the issue becomes another factor thrown into the general hopper of negotiations – along with who was at fault for the car accident and the nature and extent of the resulting injuries and other losses.

Personal vehicle insurance policies may or may not insure car owners for business use of their vehicles with one exception referred to as the livery exception. This means there is no insurance coverage if you use your car to transport goods or people in exchange for money. This applies to using the car like a taxi or delivery van, not a simple business errand.

Remember, each case is unique, so contact HURT-511 for more information on workers’ comp statute and our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

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From Our Clients

Stephanie De La Cruz
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I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

Stephanie De La Cruz

Jordan Barnes
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Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

Jordan Barnes

Kevin Diaz
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I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

Kevin Diaz

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