We have come to expect Amazon vans as a common sight on the roads, with their smiling logo bringing people packages and purchases. However, Amazon often carries out its 2-day shipping process by hiring an exorbitant number of drivers who are pushed to meet tight deadlines and might be more dangerous on the road than they are worth.
If you were involved in a crash with an Amazon driver, you might be able to claim substantial compensation. You might not be able to get this money directly from Amazon, but the delivery driver likely works for a third-party company that you can hold responsible for the injuries you faced in a delivery vehicle accident.
Call Legal Care New Jersey’s Amazon delivery vehicle accident attorneys at (732) 838-9769 today for a free assessment of your injury claim.
Who Do You Sue if You Are Hit by an Amazon Delivery Van in Passaic, NJ?
Amazon’s delivery vans are often driven by delivery workers from third-party companies or independent contractors who work with Amazon but do not work as Amazon employees. Even though they use the smiling Amazon logo on the trucks and uniforms, they are self-employed or work for a different company. As such, this makes it harder to sue Amazon directly, and you usually need to file a claim against the driver and the company they work directly for. However, you might be entitled to a claim against Amazon (in certain cases) or a claim against another driver.
Keep in mind that New Jersey has complex laws that bar lawsuits in cases where the victim did not suffer “serious injuries,” but our Amazon delivery vehicle accident lawyers will discuss that more in-depth after assessing which parties might be liable.
Suing the Delivery Driver
The delivery driver is likely going to be a direct defendant in your injury case. If they hit you, they should be made to pay for the damages you faced. Commercial drivers have to carry insurance that can help protect victims, potentially giving you the right to file a claim with that insurance and get your damages compensated.
If the driver is legally deemed “self-employed,” they will usually be the only party you are allowed to sue (if a lawsuit is available).
Third-Party Delivery Companies
Since Amazon relies on third-party companies to hire drivers instead of hiring drivers directly, those third-party companies might be liable for their drivers’ mistakes. These companies can be held liable as the driver’s employer under a legal principle called “respondeat superior,” which can apply to any negligence the driver commits during the course of their job duties.
The third-party company might also be the one supplying the delivery vehicle itself. This can mean that the company can be held liable for any repair or maintenance issues with the van or other vehicle that ultimately cause an accident.
While most delivery drivers are contracted to Amazon as independent contractors or through other small delivery companies, a small number of drivers are direct Amazon employees. If this rare situation does apply to your case, you could be entitled to sue Amazon directly.
Similarly, if Amazon is somehow involved in the accident, such as through negligent hiring or retention, they might share liability. However, this situation is ultimately quite rare, given how Amazon structures its delivery hiring.
Sometimes these crashes are not caused by you or the Amazon driver. Instead, if another driver on the road was responsible, you can file a case against them (when permitted) to get your damages compensated.
Suing for Injuries in an Amazon Delivery Vehicle Accident in Passaic, NJ
As mentioned, NJ has special laws that limit lawsuits and insurance claims against an at-fault driver for car accidents. If you have a “limited right to sue” insurance policy, then you are actually barred from filing a lawsuit unless your injuries meet the “serious injury threshold,” also known as a “verbal threshold,” for NJ car insurance policies.
Under this standard, you can sue for permanent injuries, lost body parts, lost organs, loss of function, and displaced fractures. If your injury does not meet this severity level, then you are left to file an insurance claim with your own no-fault insurance. This can still supply you with substantial damages, but it will leave you with no damages for pain and suffering.
If your injuries do meet this standard, then you can file a claim with the at-fault driver’s liability insurance, which must meet certain requirements for commercial drivers. This means that even an individual delivery driver should have sufficient coverage to pay for your serious injuries, even if you cannot sue an employer or Amazon itself.
If you have an “unlimited right to sue” policy, then you are not subject to these restrictions and can file a claim against the at-fault driver, their insurance policy, and/or their employer without having to prove serious injuries.
Damages for People Injured by Amazon Delivery Drivers in Passaic
If you were hurt in an accident involving an Amazon delivery driver, you could be entitled to three major areas of compensation, along with other incidental damages:
If your accident involved any injuries that were treated by EMTs or at a hospital, you should claim all of your medical expenses. This includes the immediate hospital bills as well as later follow-up appointments, physical therapy appointments, and mental health therapy bills.
Any income you missed out on because of your injuries needs to be compensated. This can include the difference between your original and reduced wages during periods of light duties or reduced hours, as well as income lost in the future from disabilities.
Pain and Suffering
Damages for the intangible harms you faced – pain, suffering, mental anguish, emotional distress, etc. – should all be compensated as well. Calculating these damages is often difficult, so get help from your attorneys. Keep in mind that your no-fault insurance will usually not pay any of these pain and suffering or “non-economic” damages.
Call Our Amazon Delivery Vehicle Accident Lawyers in Passaic, NJ Today
Contact Legal Care New Jersey’s Amazon delivery vehicle accident lawyers at (732) 838-9769 today for a free case assessment.