Bike Messenger Accidents: Unique Risks and Legal Issues

Bike messengers face unique dangers: time pressure, heavy traffic, and all-weather riding. When accidents happen, their legal situation differs from recreational cyclists.

Messenger-Specific Risks

- Time pressure encourages risk-taking

• Heavy loads affect handling

• All-weather riding (rain, snow)

• Long hours cause fatigue

• Repetitive stress injuries

Employment Status

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Employee Messengers

• Covered by workers' compensation

• Employer may be vicariously liable

• Limited ability to sue employer

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Independent Contractor Messengers

• No workers' comp coverage

• Must provide own insurance

• Can sue third parties freely

Workers' Compensation

If you're an employee, workers' comp:

• Covers medical expenses

• Provides partial wage replacement

• No fault required

• But limits what you can recover

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Third-Party Claims Even with workers' comp, you can sue the driver who hit you (not your employer).

Insurance Issues

- Personal policies may exclude business use

• Commercial bike messenger insurance available

• Gap coverage for independent contractors

Negligent Hiring/Training

If employer hires or trains messengers negligently, and that contributes to an accident, additional liability may exist.