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The increased demand for delivery means it can be complex as to who is the liable party when you are in an accident with one of Amazon’s delivery vehicles.
But, if you are involved in a trucking accident, whether with a large commercial truck or a delivery truck like Amazon’s commercial vehicles, you can suffer severe, life-threatening injuries. The question is, who can you hold liable when you are not at fault?
Amazon now offers Prime delivery, next-day delivery and same-day delivery and their truck drivers are expected to meet all deadlines. With this demand for increased delivery speeds, comes risks.
Amazon’s growth in delivering its own packages has led to numerous accidents involving Amazon delivery drivers.
Drivers carrying Amazon packages were involved in 60 car crashes since 2015 that caused serious injuries and the deaths of 13 people.
As Amazon increased in scale, it requires faster deliveries and to generate increased revenue.
Have you been injured in an Amazon Commercial Vehicle Accident?
Why is this happening?
Amazon’s business model is one that utilizes independent contractors instead of permanent employees as the driver of their trucks. Why? Because this may shield them from liability for accidents involving the drivers who are delivering their packages.
Many of the Amazon vans on the road are not owned and operated by Amazon and the drivers are not Amazon employees; they are what are known as independent contractors. Companies may be owned by private individuals or larger companies. Many are under exclusive contract to deliver just for Amazon. Since Amazon does not own these trucks, it can be difficult to name them in a lawsuit.
Amazon argues that it bears no legal responsibility for these accidents. According to them, they require that all delivery service partners maintain comprehensive insurance, including auto liability; this is so that if an accident occurs, there is coverage for all involved. Of course, this only applies if the accident occurs while the contractor is on the job.
Yet at the same time, the company maintains tight control on how the delivery drivers do their jobs. This can present a way to allege that Amazon had so much control over the contractors that the court should treat them as an employee for liability purposes. In essence, because of the way Amazon interacts with the contractors and drivers, you may still be able to sue Amazon for injuries their delivery drivers caused.
Another potential avenue is a claim based on negligent hiring or negligent supervision. This means the plaintiff must show that Amazon’s decision to hire the contractor was somehow inappropriate or negligent.
To keep up with Amazon’s delivery demands, these companies may end up hiring poorly trained or inexperienced drivers. Even though Amazon claims to run background checks on drivers, this may not be enough to ensure safe operations. In fact, many delivery drivers have sued Amazon claiming that complying with their delivery demands is unsafe. This may be another potential avenue to consider claiming Amazon’s pressure to deliver causes drivers to speed, violate trucking and delivery rules and drive recklessly.
In a lawsuit filed against Amazon, the plaintiff (a passenger on a motorcycle) was in an accident with an Amazon delivery driver who worked for an Amazon contractor. The Amazon driver ran a stop sign and turned in front of the motorcycle, causing the operator to lose control. Amazon, the delivery driver, and the contractor are being sued for negligence and for displaying a conscious disregard for the Plaintiff’s safety and wellbeing.
One of our experienced attorneys can guide you through the process and help determine the right avenue and the right party(ies) to pursue.
Need Additional Information?
Some of the possible factors in proving accident negligence include:
Injuries in these accidents can be serious. Depending on the circumstances, you may need a lawyer to be compensated for:
Best practice and advice are to always talk with an attorney before accepting any money for your accident injuries.
At the Nash & Franciskato Law Firm in Kansas City, we know what to look for at a crash site and we know how to build a case that addresses your full range of injuries. We will protect your rights after you have suffered injuries in a delivery truck accident.
What we offer goes beyond experience. Our legal team is dedicated to you and helping you focus on your recovery.
With our attorneys, you will have:
Have you or someone you love been seriously injured in an accident caused by an Amazon commercial vehicle or delivery driver? You may be entitled to compensation to help with medical bills, lost wages, and pain and suffering. Call Nash & Franciskato. We have a successful track record helping accident victims collect the compensation they deserve.
In the Kansas City area and across Missouri, the Nash & Franciskato Law Firm will fight for your rights. Contact our lawyers today for a free, no-obligation evaluation of your case.
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