Delivery trucks can be big and heavy. People involved in accidents with Amazon delivery trucks are often badly hurt. An attorney can help you identify the responsible parties and sue them for damages.
Numerous people and parties might be to blame for the accident. The delivery driver or other drivers might have contributed to the crash. The manufacturer might be held responsible if the accident happened because of faulty truck parts. The company Amazon might be responsible, but only under certain circumstances. Before we can sue, we might need to overcome New Jersey’s no-fault auto insurance laws. Depending on whether you elected a limited or unlimited right to sue when you purchased your car insurance, we must prove that you have a serious injury. You may be prohibited from suing for non-economic damages if you do not have auto insurance. Talk to an attorney quickly, as you only have 2 years from the accident to file a lawsuit.
Contact our New Jersey truck accident lawyers for a free case review by calling Legal Care New Jersey at (732) 838-9769.
Parties Who Might Be Responsible for a Collision with an Amazon Delivery Truck in New Jersey
Various parties might be responsible, from the people behind the wheel to others not even present at the accident. An attorney can assess your case and help determine which parties should be included in a lawsuit.
Amazon Delivery Drivers
Driver negligence is a huge concern, especially when drivers operate enormously heavy vehicles like delivery trucks. Talk to your lawyer if you are unsure how the delivery driver’s negligence might have factored into your accident.
One possibility is that the delivery truck driver was speeding and could not stop in time to avoid a collision. For example, maybe they were speeding when you lawfully entered an intersection. Instead of yielding as they should have, the Amazon delivery truck driver could not stop because they were going too fast.
Another possibility is that the Amazon delivery truck driver fell asleep at the wheel. Delivery drivers often work long hours to deliver hundreds of packages in a single day, and their hours on the road might increase during busy holiday seasons. It is not unheard of for overly tired drivers to doze off behind the wheel and cause a bad accident.
Other Drivers
The delivery driver might not be the only one who played a part in causing the accident. Collisions often involve multiple cars and drivers, and more than one of them might be to blame. Suppose the Amazon delivery truck driver was texting while driving when another driver recklessly swerved into the lane and cut off the delivery driver. Next, suppose both drivers ended up crashing into you. Both drivers may be sued for damages.
Identifying all possible drivers involved in an accident can be challenging. Some drivers might not actually have been harmed in the crash. They might drive away from the accident, never realizing their role in causing it. Our New Jersey Amazon delivery truck accident attorneys can consult with the police and witnesses to track down all other drivers who contributed to the accident.
Manufacturers of Defective Vehicle Parts
Not all accidents are the result of negligent drivers. Sometimes, vehicles are manufactured with defective or damaged parts. If you have ever heard about a vehicle recall in the news, it is likely because of faulty parts that caused accidents. Amazon delivery vehicles are not invincible, and defective vehicle parts are a possibility.
We can sue the manufacturer if your accident happened because the delivery truck or its parts were defective. Additionally, we can sue almost anyone else in the chain of sale of the defective part or vehicle.
Amazon the Company
Injured plaintiffs often wonder if they can sue the company Amazon after an accident with an Amazon delivery truck. The answer to this question is complicated. Depending on how the driver was hired, the company Amazon might or might not be shielded from liability.
Under a legal theory of respondeat superior, an employer may be held vicariously liable for injuries caused by a negligent employee acting in the normal course of their job duties. The problem is that not all Amazon delivery drivers are Amazon employees. Many drivers are hired as independent contractors, and Amazon is not liable for their negligence.
How New Jersey Insurance Laws Affect Your Ability to Sue for an Amazon Delivery Truck Accident
Filing a lawsuit after a vehicle collision in New Jersey is not always easy. New Jersey has no-fault insurance laws that might prevent you from suing for damages, depending on what kind of insurance you have.
No-Fault Laws
According to N.J.S.A. § 39:6A-4, drivers are required to carry no-fault insurance in New Jersey. Such insurance policies should cover drivers regardless of who caused the accident. A driver responsible for causing their own accident may still be covered by their no-fault insurance. One important caveat to no-fault insurance is that you cannot sue for damages, depending on your policy terms.
Drivers must elect either a limited or unlimited right to sue when they buy auto insurance. Under N.J.S.A. § 39:6A-8(a), you may choose a limited right to sue, and your ability to sue is contingent on the severity of your injuries. Your accident must result in death, dismemberment, significant disfigurement, loss of a fetus, or some other permanent injury for you to be allowed to sue.
Under N.J.S.A. § 39:6A-8(b), you may instead elect an unlimited right to sue. This is often a more expensive option, but drivers are allowed to sue without having to prove a serious injury.
No Pay No Play
New Jersey is one of several states with no-pay-no-play laws. According to N.J.S.A. § 39:6A-4.5(a), an uninsured driver cannot sue for non-economic damages even if they are otherwise entitled to such damages. It does not matter who is at fault or how much evidence you have. If you drive without insurance, your ability to sue is significantly hindered.
How Soon After an Accident with an Amazon Delivery Truck Can You File a Lawsuit in New Jersey?
Preparing a lawsuit can take a significant amount of time. Many lawsuits take months or even years to complete. According to N.J.S.A § 2A:14-2(a), injured drivers have only 2 years to file a lawsuit after a collision. Between dealing with insurance, gathering evidence, and evaluating damages, it might take you quite some time to get your case ready for filing. Contact an attorney as soon as possible to maximize your time and begin building a strong case.
Contact Our New Jersey Amazon Delivery Truck Accident Attorneys for Help Now
Contact our Newark, NJ Amazon delivery truck accident lawyers for a free case review by calling Legal Care New Jersey at (732) 838-9769.
