Liability

An injury claim settles for $2.4M

A pedestrian hit by a turning delivery van settled two weeks before trial.

The questionWho pays when a delivery driver working for a contractor hits a pedestrian?

Illustrative example

A painted pedestrian crosswalk
Photo: Wikimedia Commons (CC0)

A pedestrian struck by a delivery van in a downtown crosswalk has settled her injury claim for $2.4 million, two weeks before the case was set for trial.

She was crossing with the signal when the van turned into her path. She needed two surgeries and spent months in rehabilitation before returning to work part-time.

Beyond her medical bills and lost income, the case raised a question common in delivery crashes: whether the national delivery company or the local contractor that employed the driver was responsible.

Brisvane Legal obtained the van's telematics data, which recorded its speed and the moment of the turn. The firm also secured the contract between the delivery company and the contractor, which set out who controlled routes and driver schedules.

The companies agreed to pay $2.4 million to resolve the claim.

The figure is the gross amount. Medical liens and legal fees were paid from it. How the two companies split the payment is confidential.

In crashes involving commercial vehicles, the contracts behind the driver can decide who pays. Vehicle data is often overwritten within weeks, lawyers say, which makes early requests important.

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