With the recent explosion in online sales, Amazon, FEDEX, UPS and USPS have been delivering more packages than ever before. Compared to last year, online purchasing is up 55%, and we spent $66.3 billion online in July 2020 alone. Someone has to deliver all of those packages, and many times the drivers are overworked, under trained, and under a lot of pressure to meet strict deadlines. It should come as no surprise that Amazon truck accidents are becoming more common.
Amazon truck accidents aren't like regular car accidents:
- First, the sheer size of Amazon delivery vehicles can turn a low speed collision into a major health event.
- Second, you don't just exchange insurance information and go on with your life. Amazon has an entire legal department devoted to dealing with Amazon truck accidents, and they know every trick in the book to minimize, delay and confuse your claim to fair compensation for your injuries. It is, after all, in their best interest to pay you as little as possible.
Who is responsible for an Amazon truck accident?
You would think that the simple and obvious answer would be: the driver who is at fault. But our Dayton truck accident attorneys at Cowan & Hilgeman have found that this is a much more complicated question. The parties who may potentially be found at-fault are:
The delivery driver
Did you know that, even if the at-fault driver’s truck is covered in Amazon or FedEx logos, they may not actually work for that company? Some companies hire independent contractors to handle their deliveries, but still require them to wear their logos and meet their delivery timelines.
Why do they do this? To avoid liability when a driver makes a mistake. When an independent contractor causes a crash, you can’t file a claim under Amazon or FedEx’s massive insurance policies. Instead, you’ll have to demand compensation from the contractor’s own policy or find other sources of coverage (like your uninsured/underinsured motorist policy). An experienced delivery truck attorney can help you pinpoint exactly who is responsible for your injuries and demand the compensation you deserve.
If the driver is an independent contractor and not an employee of the company, you can file a claim against the individual driver. The driver’s insurance company might offer you a settlement or you could take your case to court to fight for the compensation that you consider fair.
The delivery company
There is a theory of responsibility that makes a company responsible for the actions of its employees. If an employed driver commits a negligent or illicit act within the scope of work, the injured party can file a claim against the company itself. State laws determine the “scope of employment” in an accident.
A third person
In some cases, a third party, such as a driver or the vehicle manufacturer may be found responsible for an Amazon truck accident. In this case, the injured parties could sue the third party and/or the driver or company of the delivery truck.
Accidents involving delivery trucks can be enormously complex, even when a clear-cut case of driver negligence can be found. Navigating this challenging time, all while trying to heal from the physical, emotional and financial problems caused by an Amazon truck accident, should not be done without expert help and guidance. Going up against a massive company like Amazon, or one of their third-party delivery companies, is no easy task. As a business, they care more about their bottom line than doing what is right by those victimized in accidents with their drivers. They will offer lowball settlements, or they will try to deny the claim altogether and put the blame on you.
The truck accident attorneys at Cowan & Hilgeman Law have decades of experience fighting large companies like Amazon, to get you the compensation you deserve for your injuries. A no-obligation consultation is completely free, and we don't get paid a dime unless we win your case. Call (937) 222-2030 today to arrange your free case review.
