As digital companies and online shopping continues to grow, Amazon delivery trucks have become an increasingly common sight on our roads. If you are in an accident with an Amazon delivery truck, you deserve fair and just compensation.
Although injured drivers often want to hold the company Amazon responsible for delivery truck accidents, this is not usually possible. Delivery drivers are often independent contractors who technically do not work for Amazon. While you might be unable to sue Amazon, you might sue the negligent delivery driver or third-party delivery companies that have contracts with Amazon. To get fair compensation, you might need to file an insurance claim. In many cases, a lawsuit helps injured plaintiffs get the full extent of their damages covered when insurance claims fall short. To start your lawsuit, you must assess your damages, gather strong evidence, and prepare your initial complaint.
Call our Amazon delivery truck accident lawyers at (732) 838-9769 to schedule a free review of your claims at Legal Care New Jersey.
Who is Responsible for Amazon Delivery Truck Accidents in Lakewood?
Even a seemingly straightforward accident might be far more layered and complex than drivers initially realize. In accidents with Amazon delivery trucks, injured drivers may seek to hold delivery drivers and the delivery companies that hired them liable. Amazon, however, is often shielded from liability.
Amazon
While one might think injured victims may sue Amazon after a crash involving an Amazon delivery truck, this is not so. Many Amazon delivery drivers are technically not employees of Amazon. Instead, they are independent contractors who perform delivery services for Amazon. In many other cases, delivery drivers work for third-party delivery service providers, and these third-party companies have contracts to do work for Amazon.
Even so, you should speak to an attorney about your case as soon as possible, just in case the delivery driver is legally considered an Amazon employee. Amazon has a lot of control over how delivery drivers do their jobs, and many in the legal field believe they should be classified as employees and Amazon should be held responsible for accidents and driver negligence.
Delivery Driver
When assessing your case for potential legal action, our Amazon delivery truck accident attorneys will heavily scrutinize the behavior of the delivery driver. Since they were behind the wheel of the delivery truck during the accident, there is a significant chance that they are directly responsible for the crash.
A common example of driver negligence in these cases involves drivers using a phone while driving or otherwise being distracted. Amazon delivery drivers often rely on their phones to communicate about deliveries and routes with their employers. They also use their phones or other devices for GPS and directions. While drivers often claim these are necessary parts of their jobs, they are also significant distractions, and distracted drivers are very dangerous.
Third-Party Delivery Companies
Amazon delivery drivers are legally not considered Amazon employees, so the company is often protected from liability for accidents. Instead, many delivery drivers work for third-party, independent delivery service companies that have contracts with Amazon.
Amazon often refers to these companies as delivery service partners, and they are separate companies with their own teams of delivery drivers. These delivery service partners often have contracts to deliver Amazon packages and often have trucks emblazoned with Amazon logos. Even if you cannot hold Amazon accountable for the driver’s negligence, you can still sue the delivery service partner that hired the driver.
How to Get Compensation from Insurance After an Amazon Delivery Truck Accident in Lakewood
Getting compensation is easier said than done, and the best way to get compensation depends on your specific circumstances. Insurance is often the first option considered by many injured riders. Many others also choose to file lawsuits to get additional damages covered.
All drivers in New Jersey must carry personal injury protection (PIP) insurance that covers them without needing to prove fault. This differs from many other states where drivers have to file third-party claims with the other driver’s insurance, and they have to prove that the other driver is at fault for the crash.
Under New Jersey’s laws, you may be required to file a claim with your own PIP insurance. Depending on your insurance situation, you might have multiple policies to take advantage of. Not only can you file a claim with your PIP policy, but you might also use MedPay to help you cover medical expenses.
Preparing a Lawsuit for Your Amazon Delivery Truck Accident Claims
Preparing a lawsuit is no small task. The amount of time, effort, and preparation required for a lawsuit is daunting but extremely important. Our prep work will set the tone and pace of your lawsuit, and a well-prepared case should be set up to overcome existing and anticipated legal hurdles.
Assessing Damages
When preparing a lawsuit, your damages and the relief you need must be sorted out beforehand. This means we need to know how much money you spent on expenses directly related to the accident and the painful experiences you endured.
The costs of medical bills and property damage can be too much for plaintiffs to afford. You should also think about income or wages you were not paid because you were too injured to go back to work. If you can not return to work for a long time, or possibly ever, reasonably anticipated future lost earnings should also be accounted for.
More subjective damages like pain and suffering may be assessed based on how deeply they impact your life. Usually, the jury has the final say on the value of these non-economic losses.
Gathering Evidence
Much important evidence might come right from the scene of the truck accident. Photos and videos of the accident scene may be very helpful to a jury when piecing together the logistics of the crash and how it happened.
Records also play a vital role. First, we should obtain copies of your medical records to prove the extent of your injuries. Next, we should get business records from the delivery driver and their employer. These business records might contain driving logs, truck maintenance records, delivery routes, and schedules. These details can help us paint a picture of how the delivery driver was doing their job and how it might have caused the crash.
Call Our Lakewood Amazon Delivery Truck Accident Lawyers for Help Now
Call our Amazon delivery truck accident attorneys at (732) 838-9769 to arrange a free review of your case at Legal Care New Jersey.
