If you are in the unfortunate situation of being involved in an accident with an Amazon van driver, you may think you can sue Amazon for damages. However, accidents with Amazon delivery drivers are not as straightforward as you might think. Amazon has gone to great lengths to make sure its delivery drivers are not employees. Thus, it would relieve Amazon of liability if one of its delivery drivers got into an accident. However, Amazon can be held liable, depending on the details of your accident.
For that reason, it is important to contact the accident attorneys at Maison Law for a free consultation and see what legal options are available for your situation.
Do I Need a Lawyer for an Amazon Van Accident in Redding?
Amazon truck accidents can be slightly more complicated than your typical truck accident. Most Amazon drivers are considered “independent contractors,” and work for a third-party company called Amazon Flex, which protects the giant corporation of Amazon from truck accident lawsuits. However, Amazon Flex drivers are covered by a $1 million dollar insurance policy, so compensation is available if you’ve suffered damages. It is also important to note that an Amazon Flex driver’s insurance coverage only applies if the driver gets into an accident while they are on the clock and making a delivery.
For this reason, it is recommended to partner with an Amazon Accident Injury Attorney at Maison Law to guide you through these legal complexities. Our attorneys will:
- Increase your initial settlement by letting the insurance adjuster know you intend to invoke your rights
- Make you aware of the compensation you will need in order to treat your injuries and make a full recovery
- Help you understand what a fair settlement should be based on your case
- Build a case by gathering evidence such as:
- Proof of the damages you’ve suffered
- Evidence that a person, or business, was liable for your injuries
- Evidence the accident was in no way your fault, nor could you have done anything to prevent it
- File a claim in court if a settlement cannot be reached and present your case in front of a jury
Steps You Should Take After an Amazon Van Accident
A car accident with any vehicle can be life-altering, which is why it is important to make sure you take the necessary steps to get your life back on track. However, an accident with an Amazon delivery driver can make things even more complicated. At Maison Law, we can handle your case for you, so you don’t have to worry about being taken advantage of by the insurance company or missing out on compensation you may need for current and future medical procedures. We recommend taking the following steps to ensure you have a strong case:
- Collect Medical Records: Even if your injuries seem minor, they can manifest into something much worse weeks later. So, it is recommended to check in with a doctor and get a record of your injury. An MRI or an X-ray can reveal substantial damage that you might not be aware of. These documents will be essential to building a strong case.
- Get a Police Report: Failing to alert the police does not help your case, especially if the case comes down to your word over the person responsible for your injuries. A police officer will file an accident report and may even assign blame based on their assessment. A police report is critical evidence in any claim and will play a key role in ensuring you are fully compensated.
- Gather Evidence: You should document the accident as thoroughly as possible. Take pictures of the property where the accident occurred. Take a video of yourself recounting the accident while it is still fresh in your mind.
- Collect Eye Witness Statements: if there are any eyewitnesses, try and get a statement from them. Or, at least, get their names and numbers, as they can testify on your behalf or provide a statement to corroborate your story later.
- Collect General Information: Exchange insurance information with the party responsible for your injuries, and be sure to get their name, phone number, and contact information.
- Contact Maison Law: Our firm is standing by to help car accident victims in Redding, physically and financially recover. Call, text, or email. Our door is always open to the community, and we’d love to help you through this difficult time.
Amazon Truck Accident: Delivery Service Partner v. Amazon Flex
Amazon delivery truck drivers are employees of Amazon Delivery Service Partners, a service created by Amazon to allow businesses to start their own delivery service through Amazon, or with Amazon Flex, a third-party independent contractor employer. With Amazon Delivery Service Partners, drivers are employed by an outside business, not Amazon. However, both companies lease Amazon vehicles for their deliveries, and their drivers where Amazon uniforms.
If you are in an accident with an Amazon Delivery Service Partner truck driver, it is important to remember you will most likely not be able to sue Amazon. Instead, the typical liable party would be the business the driver is delivering for. If you’ve been in an accident with an Amazon Delivery Service Partners driver, or an Amazon Flex Driver, there are options for compensation. Contact Maison Law today to protect your right to compensation and understand what options are available to you.
Who is Liable for Damages in an Amazon Big Rig Accident?
Big rig accidents typically involve multiple parties, which can make it difficult to know who is liable. Details of the accident such as:
- The type of accident
- Head-on collision
- Side-swipe
- Rear-end collision
- The cause of the accident
- Intoxicated driving
- A pedestrian causing a driver to swerve into another lane
- Speeding
- Not paying attention to the road
An attorney is responsible for uncovering these elements on your behalf through interrogatories, discovery, and depositions. The most common responsible parties for big rig accidents include:
- The manufacturer of the truck and its parts
- The truck company
- A third-party vehicle
- The owner of the cargo
- A local government or contract responsible for road or highway maintenance
In the case of a corporate giant like Amazon, the big rig driver is not typically held responsible for getting into an accident. Instead, the company is liable for the actions of their truck drivers through vicarious liability, which is covered in California’s Respondeat Superior Law:
“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
What is the Typical Compensation for an Amazon Van Accident?
If you’re injured in an Amazon van accident, you may be able to receive compensation for your damages. There are three damages you can claim that will have a substantial impact on the amount of compensation you can receive. They include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
Contact an Amazon Accident Attorney in Redding
If you or a loved one has been injured due to the carelessness of an Amazon driver in Redding, the Amazon Van Accident Attorneys at Maison Law can help. We understand how to deal with corporate lawyers and protect your right to fair compensation. Maison Law offers all victims and their family members a free, no-risk consultation. No upfront money is required, and we only get paid if we win your case.
Don’t wait until it’s too late to take legal action for your Amazon van accident. Contact Maison Law today for a free consultation and case evaluation.
