Can an Injured NYC E-Bike Delivery Worker Sue for Compensation?
Electric bike delivery riders are a major part of the NYC economy. They’re out every day delivering food, groceries, packages and all sorts of other goods through some of the most congested streets in the country. They’re constantly navigating intersections, bicycle lanes, double parked cars, commercial loading zones and all manner of traffic and they’re doing it on very tight schedules. When an electric bike rider is hit by a car, truck, taxi or bus the outcome can be catastrophic. The rider can be left with serious injuries which could mean they’re unable to return to work, unable to earn an income or unable to support their family. For a rider who’s relying on deliveries to pay their bills, even a relatively short period of disability can be a real financial hardship.
Unfortunately, recovering compensation after an e-bike delivery accident is often more complicated than pursuing an ordinary bicycle accident claim. Delivery workers may be classified as employees, independent contractors, or app-based workers, and those classifications can affect eligibility for workers’ compensation, insurance benefits, and lawsuits against responsible parties. An injured rider may qualify for New York No-Fault insurance after a covered motor vehicle strikes them. Still, an accident involving only an electric bicycle may present a different coverage situation. Questions also arise about whether a delivery platform, restaurant, courier company, or other business is responsible for unsafe working conditions, defective equipment, or another person’s negligence. Determining which benefits and legal remedies apply necessitates examining the actual working relationship, the accident circumstances, and applicable New York law.
At Greenstein & Pittari, LLP, our New York City personal injury attorneys represent injured workers and accident victims throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We investigate collisions involving delivery riders, identify negligent drivers and potentially responsible businesses, examine available insurance policies, and pursue compensation for serious injuries and financial losses. Whether you were delivering for Uber Eats, DoorDash, Grubhub, a restaurant, a grocery business, or an independent courier service, our attorneys can evaluate your legal options. Contact Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) for a free consultation. Don’t Be a Victim Twice.

Can an E-Bike Delivery Worker Sue After Being Injured While Making Deliveries?
Yes, an injured electric bicycle delivery worker may have a personal injury claim against a negligent driver, property owner, equipment manufacturer, or other legally responsible third party, even if the accident happened at work. The right to sue depends on who caused the injury, the worker’s employment relationship, and whether workers’ compensation exclusivity rules protect a particular defendant. For example, a delivery rider struck by a negligent motorist while transporting a restaurant order may pursue a claim against the driver and potentially the vehicle owner. If defective bicycle equipment caused the accident, a product liability claim may be available against a responsible manufacturer or seller. A dangerous roadway condition may raise separate questions about municipal or property-owner liability. The worker’s status as an employee or independent contractor does not automatically eliminate claims against negligent third parties. However, you must review the applicable insurance and workers’ compensation laws to determine which benefits apply, whether a lawsuit is permitted, and how different sources of compensation interact.
Are Uber Eats, DoorDash, and Grubhub Delivery Workers Considered Employees in New York?
Under New York law, delivery workers who use Uber Eats, DoorDash, Grubhub, or similar platforms are not automatically treated as employees or independent contractors for every purpose. Their legal status depends on the statute involved and the facts establishing the relationship between the worker and the business. A platform may describe its couriers as independent contractors in its agreements, but that contractual label is not necessarily conclusive for workers’ compensation, unemployment insurance, or other employment-related protections. Relevant considerations may include the degree of control exercised over the worker, the nature of the services performed, the method of payment, and the actual working arrangement. Different legal programs can apply different tests, so a worker’s classification under one law does not automatically determine eligibility under another. An injured delivery rider should therefore avoid assuming that an independent contractor agreement eliminates every possible employment-related benefit. Before determining whether workers’ compensation or another remedy is available, review the applicable law and working relationship carefully.
Can an Injured E-Bike Delivery Worker Receive Workers’ Compensation in New York?
An injured e-bike delivery worker may qualify for New York workers’ compensation benefits when the worker has covered employment status, and the injury arises out of and in the course of employment. Workers’ compensation generally provides medical treatment and qualifying wage-replacement benefits without requiring the worker to prove that the employer negligently caused the accident. A delivery rider injured while transporting an order, traveling between assigned locations, or performing other covered work duties may therefore have a compensable workplace injury. However, eligibility relies on the actual employment relationship and the accident circumstances. Workers classified as independent contractors may face coverage disputes, and some workers may be covered through special statutory arrangements or other applicable programs. Workers’ compensation benefits ordinarily do not include damages for pain and suffering, making a separate third-party personal injury claim particularly important. The worker should investigate all available remedies rather than assuming that workers’ compensation represents the full extent of prospective recovery.
Can a Delivery Worker Sue a Negligent Driver While Receiving Workers’ Compensation?
Yes, a delivery worker receiving workers’ compensation may also pursue a personal injury lawsuit against a negligent third party, such as a driver who caused the collision, subject to the applicable statutory rules. New York Workers’ Compensation Law § 29 permits qualifying third-party actions while setting out key provisions on reimbursement, liens, and how workers’ compensation benefits interact with personal injury recoveries. For example, a delivery rider struck by a negligent truck driver while completing an order may receive workers’ compensation benefits for covered medical expenses and wage losses while pursuing a separate negligence claim against the driver and other legally responsible parties. A third-party lawsuit may seek damages unavailable through workers’ compensation, including qualifying pain and suffering and additional economic losses. However, the workers’ compensation carrier may have reimbursement rights against the recovery, and certain settlements can affect future benefits. These issues call for careful coordination so that the worker understands the possible financial consequences before resolving either claim.
Can an E-Bike Delivery Worker Sue Their Employer for a Work-Related Accident?
An injured e-bike delivery worker generally cannot sue an employer in ordinary negligence for an injury covered by New York’s workers’ compensation system because workers’ compensation ordinarily provides the exclusive remedy against the employer. Workers’ Compensation Law §§ 11 and 29 set important limits on employer liability and how workplace injury benefits interact with third-party claims. However, the analysis changes when the worker is not covered by workers’ compensation, when the defendant is not legally the employer, or when a recognized exception applies. A company assigning deliveries or paying the worker does not automatically resolve every question of employment status or statutory immunity. Separate claims may also exist against negligent drivers, vehicle owners, manufacturers, property owners, or other parties whose conduct contributed to the injury. An attorney should review the actual working relationship, available benefits, and the identity of every potentially responsible defendant before deciding whether a lawsuit against a particular business is legally permitted.
Does New York No-Fault Insurance Cover an E-Bike Delivery Worker Hit by a Car?
Yes, an eligible e-bike delivery worker struck by a covered automobile may qualify for New York No-Fault benefits. However, workers’ compensation coverage and statutory precedence rules can affect which insurer pays for specific expenses. Under New York Insurance Law Article 51, No-Fault generally provides specified economic benefits to eligible individuals injured through the use or operation of covered motor vehicles. A delivery rider operating a legally qualifying electric bicycle may qualify as a person outside the insured automobile when struck by that vehicle. Basic No-Fault benefits generally include up to $50,000 in qualifying economic losses, subject to statutory limitations, offsets, and applicable policy provisions. However, when the collision occurred during covered employment, workers’ compensation may be the primary source of payment for medical treatment and lost earnings. The injured worker should not assume both systems will pay the same expenses independently. Proper coordination is necessary to identify the responsible carrier, preserve benefits, and avoid duplicate recovery or reimbursement disputes.
What If an E-Bike Delivery Worker Is Injured Without Being Hit by a Car?
An e-bike delivery worker injured without being hit by a covered motor vehicle may still have access to workers’ compensation or a third-party personal injury claim, depending on the circumstances. For example, a rider may fall because of a dangerous pothole, defective brakes, loose roadway debris, or an improperly maintained bicycle. A collision with another cyclist or cyclist pedestrian may also cause serious injuries without triggering ordinary automobile No-Fault coverage. If the accident occurred during covered employment, workers’ compensation may provide medical and wage-loss benefits even when no other person was negligent. A separate lawsuit may be available if a manufacturer supplied defective equipment, a property owner negligently maintained a dangerous condition, or another third party caused the accident. Claims involving public roadways may require proof of statutory notice requirements and compliance with shortened municipal deadlines. The absence of an automobile does not eliminate every legal remedy, but it substantially changes the insurance and liability analysis.
Can an E-Bike Delivery Worker Sue After Being Hit by a Truck or Commercial Vehicle?
Yes, an e-bike delivery worker injured by a negligent truck or commercial vehicle driver may pursue compensation from legally responsible parties, including the driver and potentially the vehicle owner or employer. Commercial vehicles create serious dangers to delivery riders because of their blind spots, wide turning movements, size, and limited maneuverability on congested streets. A delivery truck that turns across a bicycle lane, a box truck that backs into a rider, or a commercial vehicle that enters an intersection without yielding may cause catastrophic injuries. Liability investigations may require examination of driver qualifications, vehicle maintenance, commercial insurance, delivery schedules, electronic data, and onboard camera footage. If the driver was performing employment duties, the employer may face vicarious liability under applicable New York law. The injured rider’s work status may raise additional workers’ compensation issues, but it does not automatically bar a lawsuit against an unrelated negligent trucking company.
Can a Delivery Worker Sue After Being Doored by a Driver or Passenger?
Yes, an e-bike delivery worker injured when a motor vehicle occupant opens a door into the rider’s path may pursue a negligence claim against the responsible person and potentially other legally responsible parties. Vehicle and Traffic Law § 1214 generally prohibits opening a vehicle door on the side available to moving traffic unless it is reasonably safe and will not interfere with traffic. Dooring accidents are especially dangerous for delivery riders who travel alongside parked cars, taxis, rideshare vehicles, and delivery trucks. A rider may strike the open door directly or swerve into moving traffic while attempting to avoid it. The investigation should examine the occupant’s conduct, the rider’s visibility, the location of the bicycle lane, and whether another vehicle contributed to the collision. If the rider was performing covered employment duties, workers’ compensation may also apply. Evaluate the personal injury claim and workplace benefits separately because they compensate different categories of loss and may involve reimbursement obligations.
Can a Delivery Worker Sue a Restaurant or Delivery Company for Unsafe Equipment?
A delivery worker may have a claim involving unsafe equipment when a restaurant, courier company, rental operator, or another business negligently supplied or maintained an electric bicycle and that conduct caused the injury. The available legal remedy depends on the worker’s employment status, the defendant’s relationship to the worker, and whether workers’ compensation exclusivity applies. For example, a business that provides delivery bicycles with defective brakes or fails to address known mechanical problems may create a foreseeable risk of serious injury. However, if the business is the worker’s covered employer, an ordinary negligence lawsuit may be barred even when the employer’s conduct contributed to the accident. Claims against independent manufacturers, maintenance contractors, or other third parties may remain available when the evidence establishes a legally recognized basis for liability. Maintenance records, prior complaints, inspection procedures, purchase records, and the bicycle’s physical condition may be important evidence. An injured worker should preserve the equipment and avoid repairing or discarding it before investigating the cause of the malfunction.
Can an E-Bike Delivery Worker Sue Uber Eats, DoorDash, or Grubhub for an Accident?
An injured delivery worker may have a claim against Uber Eats, DoorDash, Grubhub, or another delivery platform when the facts establish a legally recognized basis for liability. Still, a platform is not automatically responsible for every injury sustained during a delivery. The analysis must distinguish workplace benefits, direct negligence, contractual relationships, and claims against independent third parties. A rider injured by an unrelated negligent motorist may have a strong claim against that driver without having a separate negligence claim against the delivery platform. Conversely, evidence that a company negligently supplied dangerous equipment or engaged in other conduct that caused the accident may support additional investigation. The platform’s actual relationship with the rider, its control over relevant activities, and the circumstances of the injury are important. Electronic records showing delivery assignments, route information, account activity, and communications may help establish whether the rider was working at the time. Attorneys must also consider whether workers’ compensation exclusivity or another legal limitation affects a proposed claim against the company.
What If an E-Bike Delivery Worker Is Injured While Waiting for an Order?
An e-bike delivery worker injured while waiting for an order may qualify for workers’ compensation or have a third-party personal injury claim, depending on employment status, work-related activity, and how the accident occurred. Delivery work does not necessarily consist only of the time spent physically transporting food or packages. A rider may be waiting outside a restaurant, traveling between assignments, or remaining available to accept a delivery when an accident occurs. Whether those activities fall within covered employment depends on the applicable legal framework and the actual working relationship. If a negligent driver strikes the worker while waiting near a restaurant, the rider may have a third-party claim regardless of whether workers’ compensation applies. If the accident results from a dangerous property condition, the restaurant or property owner may be liable if the requirements of premises negligence are met. App activity, delivery assignments, location information, and witness testimony may help establish the circumstances and the rider’s work status.
What If a Delivery Worker Is Injured While Traveling Between Deliveries?
An e-bike delivery worker injured while traveling between deliveries may be eligible for workplace benefits or pursue a negligence lawsuit. Still, coverage depends on whether the travel was sufficiently connected to covered employment and the circumstances of the collision. Some delivery workers receive assignments continuously through an app, while others return to a restaurant or designated location between orders. The legal analysis may consider whether the rider was traveling to a pickup, returning from a completed delivery, waiting for another assignment, or making a personal trip unrelated to work. These distinctions themselves matter when an insurer disputes whether the injury arose out of and in the course of employment. A negligent motorist’s liability, however, is a separate issue. A driver who causes a collision does not escape responsibility merely because the injured rider was between assignments. Delivery records, electronic timestamps, work schedules, and communications may help establish both the rider’s employment activity and the conditions surrounding the accident.
Can an Undocumented E-Bike Delivery Worker File a Personal Injury Claim in New York?
Yes, an undocumented delivery worker injured by another person’s negligence may pursue a personal injury claim in New York. Immigration status does not automatically eliminate the right to seek compensation for physical injuries caused by negligent conduct. Undocumented workers may also have rights under New York’s workers’ compensation system if they meet the applicable requirements. However, immigration status and federal employment law can complicate calculations of certain lost earnings or future earning capacity. New York courts have addressed these issues, including in Balbuena v. IDR Realty LLC, 6 N.Y.3d 338 (2006), and the analysis has to account for the particular circumstances and applicable law. An injured worker should not assume that lacking work authorization bars recovery of medical expenses, pain-and-suffering damages, or all categories of lost earnings. Courts evaluate the claim based on the actual injuries, employment circumstances, negligence evidence, and legally recoverable damages.
Can a Delivery Worker Recover Compensation for Lost Tips and App-Based Earnings?
Yes, an injured delivery worker may seek compensation for legally recoverable lost income, including qualifying delivery earnings and tips, when accident-related disability causes those losses. Unlike workers receiving fixed salaries, many app-based delivery riders experience substantial fluctuations in weekly income based on completed orders, customer tips, incentives, hours worked, and seasonal demand. Establishing lost earnings may therefore need detailed financial records rather than a conventional employer wage statement. Delivery platform earnings histories, bank deposits, tax returns, payment records, and other documentation can help establish income before the accident. Medical evidence must also connect the inability to work with the injuries sustained in the collision. If the worker qualifies for No-Fault or workers’ compensation benefits, those programs have separate wage-replacement calculations and limitations. A third-party personal injury lawsuit may permit recovery of additional legally compensable losses, including diminished future earning capacity, subject to applicable offsets and restrictions against duplicative recovery.

What If the Delivery Worker Cannot Return to Riding an E-Bike?
A delivery worker who cannot return to riding an electric bicycle because of accident-related injuries may pursue compensation for lost earnings and diminished earning capacity when a legally responsible third party caused the injury. Some riders depend on the physical skill to balance, pedal, lift deliveries, climb stairs, and remain active for extended periods. Injuries affecting the knees, shoulders, wrists, spine, or brain may make those duties difficult or impossible, even when the worker retains some ability to perform less physically demanding employment. The financial consequences may go beyond the immediate recovery period if the worker must change occupations, reduce working hours, or accept lower-paying employment. Establishing future earning losses may require medical opinions on permanent restrictions, evidence of prior earnings, and a vocational analysis of realistic alternative employment. Compensation availability also depends on applicable liability rules, insurance coverage, and proof linking the limitations to the accident. A permanent inability to perform delivery work does not automatically establish total disability from all employment.
Can an Injured Delivery Worker Recover Compensation for Pain and Suffering?
Yes, an injured delivery worker may recover pain-and-suffering damages through a lawfully valid personal injury claim against a negligent third party, subject to any applicable statutory threshold and other legal requirements. Workers’ compensation generally does not provide separate damages for physical pain, emotional suffering, or loss of enjoyment of life, which makes third-party liability claims especially significant. A rider who suffers a traumatic brain injury, fracture, spinal injury, or permanent physical limitation may experience consequences extending far beyond medical bills and missed deliveries. These may include chronic pain, sleep disturbances, reduced mobility, and an inability to participate in family or recreational activities. When the accident involves a covered motor vehicle and New York Insurance Law Article 51 applies, recovery for noneconomic loss generally requires proof of a qualifying serious injury under Insurance Law § 5102(d). Different rules may govern accidents outside Article 51. The worker must establish the injuries, their causal relationship to the accident, and the damages supported by the evidence.
What If the Insurance Company Claims the Delivery Worker Caused the Accident?
An insurance company’s allegation that an e-bike delivery worker caused or contributed to a collision does not automatically eliminate the worker’s claim. Still, you have to carefully examine the applicable comparative-fault rules. Insurers may argue that the rider was speeding, traveling outside a bicycle lane, disregarding a traffic signal, riding while distracted by a delivery application, or making an unsafe maneuver. Those allegations must be supported by evidence and connected to the accident’s cause. A driver who makes an unsafe turn across a bicycle lane may still bear responsibility even when the rider’s conduct is disputed. Under CPLR § 1411, the legal consequences of claimant fault depend on whether the personal injury action falls under Insurance Law Article 51. For actions outside Article 51, comparative fault generally reduces damages proportionately. In actions governed by the amended Article 51 framework, a claimant whose culpable conduct exceeds the combined culpable conduct of the defendants against whom recovery is sought may be barred from recovering damages. Surveillance recordings, traffic signals, roadway conditions, and witness testimony can help determine the actual causes of the collision.
Does Riding an E-Bike Above NYC’s Speed Limit Prevent a Delivery Worker From Suing?
No, exceeding an applicable electric bicycle speed limit does not automatically eliminate an injured delivery worker’s right to pursue compensation. However, the violation may become important evidence in a comparative-fault dispute. New York City has adopted a 15 mph operating speed limit for e-bikes, distinct from the motor-assistance capabilities used to classify electric bicycles under state law. If a rider exceeds the applicable limit, the defense may argue that excessive speed contributed to the collision by reducing reaction time or increasing stopping distance. However, liability still necessitates examining the driver’s conduct and whether the alleged speed violation caused the accident. A motorist who turns without checking for approaching bicycles, for example, may be negligent regardless of whether the rider was traveling somewhat above the permitted speed. Investigators may examine video footage, roadway geometry, vehicle movements, and available electronic data to assess the parties’ conduct. The applicable comparative-fault statute determines the legal consequences of any fault ultimately attributed to the rider.
Can a Delivery Worker Sue New York City for an Accident Caused by a Pothole or Dangerous Street?
An injured e-bike delivery worker may have a claim against New York City if a dangerous roadway condition caused the accident and the legal requirements for municipal liability are met. Potholes, broken pavement, hazardous street repairs, and other defects can cause a rider to lose control and suffer serious injuries. However, claims involving City streets are subject to special rules, including New York City Administrative Code § 7-201(c)(2), which generally requires prior written notice of certain street defects unless a recognized exception applies. The City may dispute responsibility by arguing it lacked the required notice, the condition was not legally actionable, or the rider’s conduct caused the accident. Relevant evidence may include roadway photographs, maintenance and repair records, prior written complaints, permits, inspection records, and information identifying contractors who performed work at the location. Municipal claims also involve shortened deadlines, often including a 90-day Notice of Claim requirement. An attorney should investigate the roadway condition promptly because repairs may eliminate physical evidence of the defect.
What Evidence Should an Injured E-Bike Delivery Worker Preserve?
An injured delivery worker should preserve evidence establishing how the accident occurred, the work being performed, the injuries sustained, and the resulting financial losses. Photographs of the accident location, damaged electric bicycle, surrounding vehicles, traffic signals, and visible injuries may help reconstruct the collision. Surveillance recordings from local businesses, vehicle cameras, and delivery locations may establish which party caused the accident. The rider should also preserve delivery assignments, app screenshots, earnings histories, order information, messages, and account records because those materials may establish employment activity, lost income, and the identity of potentially responsible businesses. Medical records and diagnostic imaging help document injuries, while treatment notes and disability certifications may establish restrictions that affect the ability to work. If defective equipment contributed to the accident, preserve the bicycle and broken components without alteration. Preserving evidence is especially important when delivery platforms or commercial defendants keep electronic records that routine retention procedures may delete.
What Are the Deadlines for an Injured E-Bike Delivery Worker to File a Claim?
An injured delivery worker may face several different filing deadlines depending on whether the claim involves workers’ compensation, No-Fault benefits, a personal injury lawsuit, or a governmental defendant. Under New York Workers’ Compensation Law § 18, an injured employee generally must notify the employer of a workplace accident within 30 days, subject to statutory exceptions. Workers’ Compensation Law § 28 generally sets a two-year deadline for filing a compensation claim, subject to important qualifications. No-Fault insurance generally requires written notice within 30 days of a qualifying motor vehicle accident, subject to applicable exceptions. Most ordinary negligence lawsuits must be commenced within three years under CPLR § 214(5), while claims against New York City may require a Notice of Claim within 90 days and commencement within one year and 90 days. These deadlines serve different purposes, and meeting one does not necessarily satisfy the other. An injured worker should seek prompt guidance to identify all potentially applicable requirements.
What Happens if an E-Bike Delivery Worker Is Killed While Working?
When an e-bike delivery worker dies because of a negligent driver or another legally responsible third party, the decedent’s personal representative may pursue a wrongful death action under New York law. A fatal workplace accident may also create potential workers’ compensation death benefits for eligible surviving dependents when the worker and accident satisfy the applicable requirements. A wrongful death lawsuit is distinct from a workers’ compensation death-benefit claim and may seek qualifying damages permitted by New York Estates, Powers and Trusts Law § 5-4.1. A separate survival claim may also be available for injuries and conscious pain and suffering experienced before death. Workers’ compensation reimbursement rights and statutory restrictions may affect how these claims interact. Wrongful death actions generally must be commenced within two years of death, subject to applicable exceptions, while workers’ compensation benefit claims have separate process requirements. Families should obtain prompt legal guidance to preserve evidence, identify responsible parties, and evaluate all available remedies.
Why Choose Greenstein & Pittari, LLP?
Electric bicycle delivery workers face risks that many other New York City workers never encounter. They spend long hours driving through congested streets, unpredictable traffic, hazardous roadway conditions, and commercial delivery situations where a moment of negligence can cause life-changing injuries. When an accident occurs, injured riders could face additional obstacles, including disputed employment classifications, overlapping insurance systems, lost app-based earnings, and uncertainty about who is legally responsible. At Greenstein & Pittari, LLP, our attorneys bring decades of experience representing injured New Yorkers and litigating complex personal injury cases involving motor vehicle collisions, commercial defendants, serious injuries, and disputed liability.
Our firm understands that delivery worker accident claims call for careful investigation of both the collision and the worker’s financial circumstances. We examine negligent drivers, vehicle owners, commercial transportation companies, equipment manufacturers, and other potentially responsible parties. We investigate applicable insurance policies, preserve video footage and electronic evidence, and evaluate how workers’ compensation or No-Fault benefits may interact with a third-party personal injury claim. When the facts support claims involving governmental entities or institutions, we examine the special regulatory criteria and process requirements that may apply. Our objective is to build well-supported claims that can withstand insurance-company defenses and, when necessary, proceed through litigation and trial.
We also recognize the financial and personal pressures injured delivery workers face. Many riders rely on daily earnings and customer tips to support themselves and their families. A serious accident may immediately interrupt that income while creating medical expenses and uncertainty about the future. Our attorneys provide compassionate representation, dedicated attention, and practical advice throughout the legal process. Greenstein & Pittari, LLP represents injured workers and accident victims throughout Manhattan, Brooklyn, Queens, the Bronx, Staten Island, Long Island, and Westchester County. Our English– and Spanish-speaking staff can help clients and families understand their rights and the status of their claims.
If you were injured while making deliveries for Uber Eats, DoorDash, Grubhub, a restaurant, grocery business, or another delivery service, don’t assume an independent contractor agreement, workers’ compensation claim, or insurance denial means you have no legal options. Our attorneys can evaluate the accident, investigate potentially responsible parties, and explain what compensation may be available under New York law.
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Contact Greenstein & Pittari, LLP at 1-800-VICTIM2 (1-800-842-8462) to discuss your accident and legal rights.
Don’t Be a Victim Twice.