Amazon delivery trucks can be spotted nearly every day. Whether they are 18-wheeler trucks on the highway or delivery vans on roads in town, Amazon delivery truck drivers are frequently pressured into tight delivery schedules and could be responsible for serious accidents.
After an accident with an Amazon truck, working with an attorney can help you get the compensation you need for your injuries. Victims often face limitations in what damages they can get through insurance, but lawsuits might be available against negligent drivers and the companies that hire them to help you get coverage for medical bills, lost wages, and other damages.
For a free case review, call our Amazon delivery truck accident attorneys at Legal Care New Jersey today at (732) 838-9769.
Which Parties Are Responsible for Amazon Truck Accidents in Paterson, NJ?
In an Amazon delivery truck accident case, there are often multiple parties involved, each of which could share liability. However, some parties you might expect to sue – like Amazon – might actually not be directly involved enough.
Amazon
Amazon’s logo might be on the trucks and the drivers’ uniforms, but Amazon distances itself from these accidents, legally speaking. Often, this prevents injury claims from being filed against Amazon directly for its drivers’ mistakes.
Amazon almost exclusively hires its drivers as independent contractors, or it works with third-party delivery companies and contracts deliveries to them. In these cases, the Amazon driver does not work for Amazon itself, so you cannot reach Amazon with a lawsuit. Instead, you can look to holding other parties liable for their accidents.
Delivery Drivers
The individual behind the wheel is often responsible for a crash, and this is no different with Amazon delivery drivers. Negligent drivers who run red lights or speed in order to meet deadlines can be held individually liable for the accidents they cause. Under NJ law, they also must have insurance that our Amazon delivery truck accident lawyers can use to try to get at least some of your bills paid through a claim.
If the driver is hired directly by Amazon as an independent contractor, then they are considered self-employed, and you cannot go after their employer for your injuries.
Third-Party Delivery Companies
If the driver works for some other delivery or fulfillment company that Amazon is contracted with, then that company might be liable for its driver’s mistakes. Delivery drivers and truckers working for companies might be the ones to actually cause the accident, but if it happens within the scope of their job duties while they are working as an employee of the company, then the company can often be held liable in their place.
This is known as “vicarious liability” and works under an old legal rule known as “respondeat superior.” Here, the negligent driver’s employer is made to pay for their driver’s mistakes and the injuries they cause while carrying out the company’s business.
However, the delivery company could also be liable in its own right for the accident – or at least share liability. This is common in cases where the truck or delivery vehicle has maintenance problems since the company is usually the one who owns the trucks and takes responsibility for maintenance and upkeep. The company is also responsible for hiring and firing drivers. Hiring a driver the company should have known had a history of causing crashes or driving while intoxicated could make the company liable if the driver is ultimately dangerous. The same is true if they kept a driver on staff that they knew was dangerous.
Other Drivers
Multi-car crashes involving delivery trucks might not actually be caused by the delivery truck driver. Many people who drive for a living are careful, prudent drivers, and they might have been victims of the crash, too. In these cases, there might be some other driver you can hold liable for the crash.
Getting Compensation for an Amazon Delivery Accident in Paterson, NJ
When you are involved in an auto accident in New Jersey, the first place to turn for compensation is your own insurance. Under NJ’s no-fault rules, your own driver’s insurance should cover some of your medical bills and lost wages regardless of which driver caused the crash. However, these payments are limited and only cover some of your bills and losses. This insurance does not cover vehicle damage or pain and suffering.
To get additional damages covered, you will have to file claims against the at-fault driver or the delivery company they work for. For vehicle damage, that claim should be allowed through their liability insurance. However, you must meet certain thresholds before you can get compensation for your pain and suffering and the rest of your medical bills and other expenses.
In NJ, this “verbal threshold” rule means that your injuries must meet the definition of “serious” before the courts can allow a lawsuit. Any permanent injuries, along with loss of a fetus, substantial scarring, or a dislocated fracture, should qualify you for a lawsuit. Suing for a loved one’s death in an Amazon delivery truck accident should also be permitted under these rules.
Evidence Needed for an Amazon Delivery Truck Accident Case in Paterson, NJ
Getting all of the evidence you need for your injury claim can be complex. While some of the evidence can be collected at the scene of the accident – such as photos and driver contact information – the rest might be collected later. Our attorneys can help you organize and collect your medical records, depositions from witnesses and drivers, and police reports. We can also contact nearby businesses and homes to see if anyone has security camera footage that might have captured the accident.
In any car accident case, you should do what you can to collect evidence at the scene of the crash and get medical care. The evidence you collect, your medical records, and your own testimony will be important evidence in building and presenting your case.
Call Our Paterson, NJ Amazon Delivery Accident and Injury Attorneys Today
Contact Legal Care New Jersey’s Amazon delivery truck accident lawyers today at (732) 838-9769 for a free case evaluation.
