Joselita Rivera in his bicycle allegedly got some injuries when a side mirror of a car of Fenix Car Service Corp. hit the side bar of the bicycle. He only found out that it was one of their cars because of the sticker on the vehicle because the driver did not stop when it happened. A source said that Mr. Rivera filed a case before the court. In his request for a trial, he cited Fenix Car Service Corp. as a party that is also responsible for his injury as the driver was working for them, and they handled the operations.
To answer the court case, Fenix Car Service Corp. submitted an affidavit saying that their drivers are not their employees. Jose Elias Rodriguez who also drove for Fenix Car Service Corp. submitted a corresponding affidavit that says that they are not employees. Fenix Car Service Corp. says that what they provide their contractors is a dispatch service. A Lawyer found out that the vehicles were owned and maintained by their owners who are almost always the drivers of the cars as well. The president of Fenix Car Service Corp. says that the contract they have with the driver’s to pay them a weekly fee for the calls radioed to them, so they will have jobs. The process for their contractors if there is any accident is to notify them, for them can call emergency services but there was no call to report such an accident. When they learned about what happened, they investigated as to who was driving at that time. They interviewed each driver but no one has said they were involved in that accident. They were moving for a summary judgment because they are saying Fenix Car Service Corp. should not be part of the case even if the car had their sticker for identification.
The courts in Queens and Staten Island denied the motion because of various reasons. A Lawyer said that for a summary motion to be granted, at face value or with the initial look of the court there it does not show that there are any issues connecting the defendant to the case. If there were only allegations and no evidence showing connections, then it would have been granted by the court.
The court agrees that there are some areas where Fenix Car Service Corp. does not have control over their driver’s like in earnings. They do have a contract that specifically provides for their code of conduct. Fenix Car Service Corp. also established their dress code. They require the vehicles to be in good condition and is expected by the company twice a week. If a client calls in order to complain, it is also checked. To add, according to a judge, the court mentioned the logotype required on the vehicles. The regulations on the radio use and treatment of customers, the paying of dues and carrying specific insurance, shows the control of Fenix Car Service Corp. is like that of an employer to an employee. These aspects are what makes the case against them valid to be tried in court.
Injury cases like this happen all the time. People connected to the case will always try to run away from the responsibility to avoid compensating the person who was injured. New York Auto Accident Lawyers are the one who works for you to stop the people responsible from getting out of the liability. It is not always easy to do, but they will pull all the stops.
The Auto Accident Lawyers of Stephen Bilkis & Associates are always ready to assist when you call them at 1-800 NY – NY- LAW. You just need to tell them the situation, and they will asses and work everything from there. If you walk in any of our offices in New York with a case from New York or Long Island, we will get to it immediately and give you your options.