Published On: February 8, 2022
Amazon is among the largest online retailers in the world. Amazon trucks deliver millions of packages in different locations of the United States, which means an increased number of truck accidents every year.
With the increased number of packages delivered, their delivery turnaround speed keeps becoming faster every day. For instance, when you purchase a product from Amazon on Tuesday afternoon, you will be surprised to find the package delivered at your door on Wednesday morning. The high speed at which Amazon truckers drive accounts for the increased number of accidents.
Additionally, the rapid growth in company logistics has unvaryingly led to increased accidents between truck drivers and other vehicles on the road. Averagely, Amazon drivers log thousands of miles a day on some of the busiest roads of the United States, increasing their risk of committing accidents with other cars. When you consider the added pressure to deliver packages on time, one can understand why accidents with Amazon trucks kill people and damage cars every day.
Who Is Liable for Amazon Truck Accidents?
If your car is involved in an accident with an Amazon truck, you might lack knowledge about who should be held liable for the damage caused to your vehicle. In most times, you cannot hold Amazon company accountable for the damages and injuries since the company does not own most of the Amazon delivery trucks, nor is the driver an Amazon employee.
The delivery drivers are autonomous contractors who the firm has hired to do deliveries on their behalf under the Amazon Delivery Partner Services. Thus, the defendant in the accident claim cannot be Amazon but an independent contractor. In most cases, Amazon partners are small and local businesses that help the company meet the high demand for deliveries. Amazon sticks its logo on the contractor’s trucks as a sign of partnership.
Since the drivers are independent contractors, Amazon avoids direct liability, and thus the driver is the responsible party. However, don’t think you won’t get compensation from Amazon as the company has set rules for the contractors. All delivery contractors must have liability insurance to cover any injuries and damages if they cause an accident.
Contracted truck drivers must have Amazon Flex Insurance coverage that gives them liability insurance of up to $1million. This insurance covers any damage or injury caused by their trucks to a third party. Therefore, if a truck driver damages or injures you, rest assured that you have at least $1million for your compensation.
Please note that Amazon Flex Insurance only covers you if the accident occurred when the truck driver was on their way to deliver. If it happens when the driver is off-duty or going home after delivery, the insurance is not applicable, and thus the driver is to be held responsible.
What Happens if the $1 Million Amazon Flex Insurance Will Not Cover Your Injuries or Damages?
Sometimes the damages or injuries caused by these trucks can be so enormous that the $1 million Amazon insurance cover is not enough.
For instance, you might sustain a spinal cord or traumatic brain injury, which might require more than $1 million to treat.
Such complaints are hard to tackle, but you can hold Amazon liable:
- You can sue Amazon directly and argue that Amazon has so much control over the contractor; hence the court should handle the driver as an employee and hold it liable for the accident.
- You can sue Amazon for its negligence in hiring contractors. Their decision to hire the contractor driver was inappropriate, hence the accident’s cause.
For instance, let’s assume Peter wants to become an Amazon delivery driver. He goes ahead to purchase a truck, successfully signs a contract with Amazon Delivery Partner Services, and starts to deliver packages. Unfortunately, Amazon didn’t know that Peter is a chronic alcoholic who has been convicted severally in court.
After a few months of delivery, three customers report to Amazon about Peter’s reckless driving. One day, he drinks, and as a result, he hits a man while making a delivery for Amazon. In this case, you can sue Amazon for negligent hiring as they failed to scrutinize Peter’s drinking history.
Steps You Should Take After an Amazon Delivery Truck Accident
If your car is hit or injured by an Amazon truck driver, you have a right to be compensated for the damages or losses caused. However, truck accidents are more complex than personal injury cases, especially when a big corporate like Amazon is involved. All in all, follow these steps to get the compensation you deserve:
Contact Law Enforcement after an Accident with Amazon Truck as Soon as Possible
Immediately after the accident, contact law enforcement officers to come to the accident scene. The officers will evaluate the damage and the injuries caused by the truck and compile an accident report for you. You will use the report when presenting your case to the responsible insurance company.
Take Details of the Amazon Truck Driver
Make sure to exchange personal details with the Amazon Truck driver after the accident scene.
Ensure that you get information like:
- The truck driver’s name and their contact information
- The license of the Amazon delivery truck
- The insurance details used by the truck driver
Kindly mark the time the accident happened to confirm whether the driver was on duty when the accident occurred. If so, Amazon will be held liable for the damages caused by the truck driver either directly or indirectly.
Document the Amazon Truck Accident
After you have gone to the hospital for a checkup and successfully treated, you should start collecting evidence to support your claim in court. You can take photos of the damage caused to your car or your injuries. If there was a witness at the accident scene, you should look for their contact information and statements.
Specifically, make sure you write down details such as the date, the location of the accident, and what you think caused the accident. It might be speeding on the truck driver’s part or failure to follow road signs appropriately.
Seek Further Medical Attention for Your Amazon Truck Incident Injuries
Seek further medical attention to maximize your financial recovery. If a big Amazon truck hits you, do not take it for granted that you didn’t suffer internal injuries like broken bones and brain injuries. You should go for an advanced medical checkup to ascertain the amount of money you should recover for compensation.
Has Amazon Truck Driver Injured You?
If your car was hit so hard that you sustained severe injuries, speak to a truck accident lawyer who will file a lawsuit for you to get what you deserve. A truck accident lawyer provides legal advice and represents you in court to seek compensation if you sustained an injury due to someone else’s negligence. Truck accident lawyers work on a contingency basis, meaning that you will only pay them if the judgment is in your favor.
What Are the Benefits of Hiring a Personal Injury Lawyer?
These are the reasons why you should hire one:
#1. They Work Professionally and Objectively
When you are in an Amazon Truck accident, you are emotionally upheaval and thus not in a better position to make objective decisions. A Personal lawyer will file injury claims for you professionally, hence getting your settlement as you deserve.
#2. They Have Negotiation Skills
Of course, Amazon insurance representatives will bargain to get lower compensation. They can be technical, and if you slake, they can trick you into accepting their small offer hence the reason you should hire an experienced attorney to help you with the entire process. They will ensure that negotiations go smoothly and win better compensation for you.
#3. They Can Assist You in Getting Immediate Medical Attention
You should have your attorney’s number on the emergency list for them to be the first people to call in case anything happens to you. Most of them are well connected and can help you get better medical attention. Remember, the kind of treatment you receive immediately after the Amazon accident will determine how fast you recover.
Choose an attorney who understands some medical malpractices that might cost your compensation. For instance, Amazon might conspire with your medical attendants to manipulate the medical bill to compensate you for low money. Hire an attorney who will foresee every step of your treatment and ensure nothing fishy happens.
#4. They Will Help You in Decision Making
It is not easy to file a personal injury claim single-handedly since it is a long and complex legal procedure. Amazon can willingly accept their driver’s fault and agree to compensate enough money to cater for all your injuries and damages; In such as case, there won’t be a need to file a lawsuit.
If Amazon is adamant to accept their fault, an attorney will advise you on the available options and the best action depending on the uniqueness of the case.
#5. They Give You a Legal Coverage
Amazon might contest a personal injury claim which will prompt you to file a lawsuit. Of course, they will have a lawyer to defend their accusation, and so should you. Failure to have an attorney might cost you dearly as all the odds might turn against you.
Having a personal lawyer will support you to have a level playing field with Amazon lawyers.
#6. They Help Get Your Compensation Faster
If you do not have a lawyer, you will start the lawsuit after recovering completely. It will take longer to get your compensation in place, unlike hiring a personal law expert. An expert injury lawyer has tremendous experience with cases of your like, and they know all the legalities involved. Hence, it will help you get your issue solved quickly.
#7. They Will Give You Peace of Mind
An Amazon truck accident might make you have post-traumatic episodes. At such a time, you cannot start to seek your compensation since you haven’t entirely recovered from the stress. A skilled attorney will handle every bit of your case and give you peace of mind to focus on your recovery.
Were You in an Amazon Truck Accident? Call an Attorney ASAP
Accidents are misfortunes of life and happen unplanned. If you were injured or your car was damaged by an Amazon truck driver, you should seek legal help to get your compensation. An attorney will help you get compensation either from the driver or the Amazon company, depending on the circumstances of the accident. After an Amazon truck accident, do not waver to contact a truck accident attorney who will advise you accordingly.