Maison Law and our team of Fremont truck accident lawyers can represent you if you’ve been injured in an accident with an Amazon delivery truck or van. We’ll explain the legal process and what your options are to recover from your injuries and other damages. Contact us today to set up a free, no-obligation consultation to learn more.
Do You Need Our Lawyers?
The most important thing after an Amazon truck accident is your health and well-being. In fact,
to make sure you get the help you need after an accident with an Amazon delivery truck, follow these straightforward steps:
- Get medical care – Get medical help immediately, even if you don’t feel hurt. This will help determine the extent of your injuries and what treatment you might need.
- Gather evidence – After reporting the accident to the police, take pictures or videos with your phone. Capture the scene, any vehicle damage, and your injuries. Also, get the Amazon driver’s contact and insurance details.
- Stay alert – Don’t admit fault in what you say. Keep track of what happened and note if the Amazon driver admits it’s their fault.
How We Can Help
Remember, the law protects you no matter what. However, by following these steps and working with our team, you’ll increase your chances of getting the result you deserve from the Amazon truck driver. That said, there’s not a requirement in California that says you need a lawyer to represent you. If your accident or injuries are minor, you probably don’t need to worry about legal action. In the event you have more serious injuries, though, we can help you by:
- Determining who’s responsible – In an Amazon truck accident, figuring out who’s legally responsible is crucial. Often, the truck driver isn’t directly employed by Amazon but works as an “independent contractor.” This means they’re like any other private vehicle driver when it comes to insurance. Our team can help identify legal responsibility and guide you on filing your claim.
- Collecting proof – The strength of your claim depends on the evidence you present. We can assist in gathering essential items like medical records, photos, videos, and other crucial evidence to build a robust case.
- Talking with insurance – Having us by your side is beneficial when dealing with insurance companies, including potentially Amazon’s. With our experience, we can navigate their tactics to diminish your claim. We take charge of making demands and reviewing any settlement offers you may receive.
- Providing support – Our main goal is to make the entire process easier for you. While we can’t heal you physically, we can put you in a position where your primary concern is your recovery. Legally, we’ll advocate for your interests throughout the process.
Regardless of the specific causes of your accident, there’s a defined process to secure financial support for your injuries. However, the process varies based on the unique circumstances of your accident.
Liability With an Amazon Truck
As touched on above, one of the most difficult aspects of an Amazon truck accident is figuring out who is responsible–or liable–for covering your injuries. In most cases, this is going to be the driver of the truck or van. Because they are probably classified as an “independent contractor,” their personal insurance coverage (if they have it) will be the primary means that you’ll recover your damages.
However, others may be involved, such as:
- Amazon, particularly if the driver is directly employed by them or if their actions directly played a role in the accident.
- The manufacturer of the vehicle parts.
- A different third-party driver.
- Individuals riding as passengers or pedestrians.
- Various government agencies.
Finding out all of the liable parties is extremely important to how your case plays out. This is because you have the legal right to bring an injury claim against anyone that took actions that contributed to your accident.
Claims Process and Damages
Entering the claims process usually means doing the following:
- Filing an insurance claim
- Filing a personal injury lawsuit
The circumstances of your case and your needs are going to determine which option you’ll choose, but usually, you’ll have to take both options. In terms of the actual process, the big difference is that an insurance claim happens outside of court, while a lawsuit is a formal legal action that could go before a judge and jury.
- Insurance claim – In an insurance claim, the company will investigate the incident, gather evidence, collect statements, and eventually propose a settlement. While you can accept their offer, it might not cover all your expenses, especially if you have significant injuries. In such cases, you can consider moving forward with a lawsuit.
- Lawsuit – In a lawsuit, our role is to represent you in court. This involves filing a Complaint, attending hearings, negotiating with the opposing legal team, and potentially representing you in a trial.
Damages
Every case progresses uniquely, but this serves as a general overview of the process. The primary aim, though, is to recover your losses from the accident–legally known as “damages.” These also vary from case to case, and depend on how hurt you are and how impactful the accident was on your life. In one of these types of claims, you can potentially recover things like:
- Medical costs and related expenses
- Lost income from missed work or potential earnings lost
- Physical and emotional distress
- Psychological anguish
- Diminished companionship or reduced enjoyment of life
- Funeral expenses in case of a fatal accident
- In certain cases, punitive damages
As with any injury claim, if you don’t file it within California’s two-year statute of limitations from the accident date, you may lose your chance at recovering these damages. Additionally, California’s comparative negligence rule applies, meaning your potential recovery is reduced by the percentage of fault you had in the accident.
What Leads to Amazon Truck Accidents?
When you stop to consider just how pervasive Amazon is, it’s really no surprise that accidents with their delivery vehicles are so common in Fremont. You yourself probably use Amazon on a daily or weekly basis. But what this means, in very real terms, is that there’s a massive fleet of Amazon trucks, vans, and drivers throughout the city. This demand, in turn, leads to many of the underlying causes of accidents, like:
- Tight delivery timetables – Drivers hurrying to meet delivery deadlines may use unsafe driving practices.
- Inexperience – Not knowing the designated route or the specific vehicle can contribute to accidents.
- Distractions- Distractions, whether from electronic devices or other factors, can divert the driver’s attention, increasing accident risks.
- Poor maintenance – Trucks or vans not properly maintained pose a hazard, potentially causing accidents due to mechanical failures.
- External factors – Other drivers or crowded locations on the road can impact the likelihood of Amazon vehicle accidents.
- Driving through unfamiliar neighborhoods – Driving in unfamiliar residential areas may increase accident risks, especially involving pedestrians or children in those neighborhoods.
Like any situation, the more you understand about the potential causes of an Amazon truck accident, the more prepared you can be. In real terms, what these accidents mean for you are injuries and a change to how you live your life. That’s why the legal process is so important, and why we take our responsibility to you seriously.
Choose Maison Law After a Fremont Amazon Truck Accident
If you or someone you know has been hurt in an Amazon truck accident in Fremont, you understand just how impactful the situation can be. At Maison Law, we’re dedicated to giving our clients the legal help and support they need. With our wide-ranging experience in dealing with insurance companies, we can help you get the damages you should receive. Contact us today for a free consultation.