Can a delivery driver also sue their employer if they are injured by a drunk driver in New York?
Some occupations require drivers to be on the roads for several hours at a time, which creates a huge risk for traffic accidents. Local authorities reported that an Uber eats delivery driver was struck and killed by a drunk driver in Brooklyn.
Woman kills a delivery driver while driving under the influence
The suspect was driving a 2007 Infiniti G35 near the intersection of Avenue D and East 105th street at about 10:30pm on a Saturday night. The victim was riding his motorbike near the side of the road when she struck him and the car continued off of the road until it hit a building and came to a rest. The 29 year old male victim was just finishing his deliveries for the night and was on his way home. Police say that he was thrown off of the bicycle from the impact and taken to the local hospital, but died of his injuries shortly afterward. He was a recent immigrant from Bangladesh who was granted political asylum.
The suspect was a 22 year old female. She was charged with manslaughter and aggravated DWI due to the fact that she had a young child in the car with her during the accident.
Can the victim’s family still file a lawsuit?
Even though this driver has been charged criminally, it is still possible for the victim’s family to file a civil lawsuit on his behalf. Regardless of the outcome of those criminal charges, the man’s family can file a claim to be compensated for things such as funeral expenses, medical bills, and future lost wages.
After an investigation from the police, the evidence can be shared with your attorney. The fact that alcohol was involved will help the plaintiff’s lawsuit by showing that the suspect breached the normal duty of care that is expected of all drivers.
The employer’s liability
Because the driver was working while the incident happened, his employer may also have to pay part of the damages. As a general rule, if someone is injured while engaged in their normal job duties, they will be entitled to worker’s compensation and their employer will have to pay for any associated medical treatment.
However, in cases where someone is injured or killed by an intervening criminal act, the law generally does not impose liability on an employer. In this case traffic accidents are a foreseeable risk of running a delivery business, so it is possible that the business will also be held responsible. The employer may also have insurance that is specifically meant to cover these kinds of damages, so it is best to consult with an attorney who is an expert in traffic accidents and drunk driving cases and follow their advice.
Speak to a local lawyer as soon as possible
There are lawyers available to give you advice about how to proceed based on the specifics of your drunk driving accident. The Licatesi Law Group specializes in all kinds of traffic cases in New York City.
