Amazon has grown into a worldwide retail entity with shipping operations that rival the size of UPS and the Post Office. The number of blue trucks on the road bearing Amazon’s name has greatly increased, as has the accidents involving these trucks.
Amazon delivery truck drivers can cause accidents in several ways as they push to meet their strict delivery deadlines. Many Amazon drivers do not work for Amazon but for a delivery partner that Amazon contracts with. This means you can claim damages from the driver and the delivery partner they work for, but this will also shield Amazon from being sued in most cases.
If you were injured in an Amazon delivery truck accident, seek support from our Hattiesburg Amazon delivery truck accident lawyers by calling Howe Law at (844) 876-4357 to review your case for free.
Who Can Be Held Liable for an Amazon Delivery Truck Accident Hattiesburg, MS
The first thing to do following an Amazon delivery truck accident in Hattiesburg is to determine who is responsible for causing the accident. In many cases, the Amazon delivery driver will be the first person to be investigated for liability. It stands to reason that delivery drivers involved in an accident will often be responsible since they were driving.
However, other negligent drivers besides the Amazon driver could also have contributed to causing your injuries. Amazon trucks are usually long box trucks, which can be difficult to navigate in certain places. If another driver cuts off a delivery truck or a delivery truck needs to swerve to avoid a negligent driver, both parties could be liable for causing the accident.
What makes Amazon delivery truck cases difficult is the relationship Amazon has with the drivers that deliver for it. Most Amazon delivery drivers do not work directly for Amazon as employees. Instead, many are employed by private delivery service providers that Amazon contracts with to complete its shipping requirements. This means that Amazon cannot be sued in most cases, but you can usually sue the delivery service company that employed the delivery driver for their negligence. Under the legal doctrine of respondent superior, employers can be held liable for their employee’s negligence if the accident happened within the scope and duties of the employee’s job. Our Hattiesburg Amazon delivery truck accident lawyers can help you determine each party that bears the blame for your injuries and file a lawsuit against them.
Can Amazon Be Sued for an Amazon Delivery Truck Accident in Hattiesburg, MS?
Of course, the question many victims have after being injured by an Amazon delivery truck is if they can sue Amazon directly for damages. As mentioned above, Amazon cannot usually be sued for accidents involving trucks bearing its name. This is because many Amazon delivery drivers are considered independent contractors.
If a delivery driver worked for one of Amazon’s delivery service partners, the delivery service partner could be sued, but Amazon would still be shielded from liability. Amazon contracts with delivery service partners and thus cannot be held for their negligence either. The doctrine of respondent superior discussed previously only applies in cases with an employer-employee relationship, which is not the case with Amazon.
Many delivery drivers work completely independently. These drivers are known as Amazon Flex drivers and are considered independent contractors. These drivers typically make deliveries for Amazon with their own vehicles and on their own schedule. Therefore, Amazon cannot usually be held responsible for Flex drivers.
However, Amazon may exercise so much control over an independent driver that it can be argued that it should be held legally liable. Amazon heavily regulates drivers, including determining their schedules, giving real-time delivery instructions, and other conduct showing Amazon’s direct control over a driver. These arguments are being made more and more in court, so it is worth investigating whether that could be the case in your lawsuit. Our Hattiesburg Amazon delivery truck accident lawyers can review your case to see if Amazon should be sued for its part in causing your accident.
Compensation You Could Recover for a Pedestrian Accident in Gulfport, MS
Amazon delivery truck accident victims can claim a few categories of damages for the injuries and losses they suffered. Damages are typically broken down into economic and non-economic losses. Calculating your economic damages is relatively straightforward, but determining your non-economic damages for your personal experiences your injuries have caused can be more difficult.
Economic damages for an Amazon delivery truck accident consist mainly of the medical expenses a victim compiled to treat their injuries. Amazon trucks are larger than an average car and can cause more devasting injuries as a result. Some injuries might require expensive surgeries or long-term physical therapy. Luckily, victims can claim their past and current medical bills and projected future medical costs.
In addition to medical bills, lost wages and property damage can also be claimed as economic damages. Any time missed from work because of your injuries can be claimed, including days taken off to attend doctors’ appointments and legal meetings. In severe cases, you will also be able to claim lost future earning potential if your ability to work has been completely altered.
Non-economic damages are more challenging to evaluate since they are subjective and based on the experiences you have endured because of your injuries. This usually includes compensation for physical pain and mental suffering your injuries have caused. Essentially, non-economic damages are intended to compensate you for the difficulties you have to live with that cannot necessarily be shown with receipts.
It is important to note that Mississippi does cap the amount of non-economic damages a plaintiff can be awarded in a successful lawsuit. According to Miss. Code Ann. § 11-1-60, non-economic damages are capped at $1,000,000. However, the Mississippi Supreme Court will be considering the constitutionality of this law later in 2023, so this cap could change soon. Our Hattiesburg Amazon delivery truck accident lawyers can help you properly evaluate your case so that you claim the damages you are entitled to.
Our Hattiesburg, MS Amazon Delivery Truck Accident Lawyers Can Help
If an Amazon delivery truck driver injured you, our Hattiesburg Amazon delivery truck accident lawyers can help determine the parties responsible and hold them accountable. For a free case evaluation, contact Howe Law today at (844) 876-4357.