Hit by a Food Delivery Driver? Your Rights as a Victim in New York

With food delivery booming across New York City, the streets are crowded with drivers from Uber Eats, DoorDash, Grubhub, and more. But as the race to deliver food faster grows more intense, so do the risks—especially for pedestrians and cyclists.

If you were hit by a food delivery driver, here’s what you need to know about liability, insurance, and how to protect your rights under New York law.

A Growing Problem: Delivery Driver Accidents in NYC

In early 2025, a Bronx pedestrian was struck by an e-bike delivery driver while crossing legally in a crosswalk. She suffered multiple fractures and required months of rehabilitation.

Unfortunately, cases like this aren’t rare. NYC’s dense traffic, tight delivery deadlines, and lack of regulation for gig economy drivers create a perfect storm for serious injuries.

‍Who’s Liable After a Delivery Driver Crash?

Liability depends on several key factors:

• Was the driver actively working? Most platforms only offer insurance when the driver is on an active delivery—not just logged in.
• Employee or Independent Contractor? Most delivery drivers are independent contractors, which limits direct liability for the companies—but not always.
• Was the app involved? If the driver was making a delivery for Uber Eats, DoorDash, or similar, the company may carry insurance—but coverage varies.

Insurance Gaps Are Common—and Dangerous

Here’s the problem: Many food delivery platforms only provide limited coverage during the moment of active delivery. That means if you’re hit:

• While they’re en route to pick up food
• While waiting for an order
• Or during a break
  They may not be covered at all.

Some drivers also use personal e-bikes or scooters, often uninsured. If the company denies coverage, victims can be left pursuing compensation from a driver with no assets or insurance.

What to Do If You’re Hit by a Delivery Driver

If you’re injured in a crash involving a food delivery vehicle (car, bike, or scooter):

1. Call 911 and get immediate medical care.
2. Document the scene—take photos of the vehicle, the driver, the app being used, injuries, and surroundings.
3. Get the driver’s name and delivery company (ask for proof in the app).
4. Don’t accept blame or sign anything.
5. Speak to a personal injury lawyer before contacting the delivery company or insurer.

What Compensation Could You Receive?

If someone else’s negligence caused your injuries, you may be eligible for:

• Medical bills and emergency room costs
• Long-term rehabilitation and physical therapy
• Lost wages and future lost income
• Pain and suffering
• Emotional distress

‍Why Choose Us

At the Law Offices of Jason G. Krantz, P.C., we’ve seen firsthand how delivery drivers—rushed, underpaid, and underinsured—put NYC residents at risk. And we know how to hold them accountable.

We’ve represented pedestrians, cyclists, and drivers injured in food delivery crashes across New York. We’ll investigate the driver, their platform, their insurance, and fight for the full compensation you’re owed.

Schedule a FREE Case Evaluation

Let’s talk about what happened and see how we can help.
👉 injurylaw.support

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