Amazon has become an incredibly convenient delivery option for millions of people worldwide. This has been particularly true in the years since the 2020 COVID-19 pandemic, since people have realized the convenience of online shopping and have continued to do so. Unfortunately, with so many Amazon delivery vehicles on the road, the number of accidents involving Amazon delivery trucks and vehicles has dramatically increased.
If you were in an accident involving an Amazon delivery truck, our lawyers can help. We can analyze your unique situation and interview witnesses and other important people to the case, collect evidence, and sue the correct parties to give you the best chance at a successful lawsuit.
For a free initial discussion with our Amazon delivery truck accident lawyers, call Howe Law at (844) 876-4357.
The Right Party to Sue in a Madison, AL Amazon Delivery Truck Accident Lawsuit
One of the most important things to consider in an Amazon delivery truck accident lawsuit is who the proper entity to sue is. The answer to the question “who should I sue” might appear to be straightforward – you sue Amazon, of course! However, that is likely not the case. In most instances, Amazon will not be the correct entity to sue in an Amazon delivery truck accident lawsuit. That being said, you are not out of luck if you were injured by an Amazon delivery truck driver. Our lawyers can help determine the correct parties to bring to court so you can get the compensation you need.
The legal concept of “respondeat superior,” literally “let the master answer,” is the idea that employers are liable for the bad actions of their employees. The catch is that the employer is only liable if the employee is doing a work-related activity. For example, if a delivery driver hits you on the way to deliver a package, their employer will be liable for your injuries because the driver was doing a work activity. However, if that same driver was on their way to a friend’s house instead of delivering a package, the employer would not be liable because the employee was not doing a work activity.
You might think that this concept would make it so that you could sue Amazon if one of their drivers hits you. However, that is unfortunately not the case.
Why Amazon Cannot Be Sued for Damages
Amazon packages are frequently delivered by blue vehicles emblazoned with the Amazon logo. However, that does not mean that Amazon employes the vehicle drivers. Amazon frequently uses transportation companies as independent contractors to deliver packages. Unfortunately for would-be plaintiffs, this means that the drivers are contractors, not employees of Amazon. Because respondeat superior only applies to employees, you cannot sue Amazon for the driver’s conduct unless Amazon directly employs them.
That being said, this should not discourage you from bringing a lawsuit against either the driver directly or the driver’s employer – a delivery service company.
Damages From a Madison, AL Amazon Delivery Truck Accident Lawsuit
In personal injury lawsuits, damages are designed to “make the plaintiff whole” again. The idea is to compensate the plaintiff so that they are in as close a position as possible to where they were before the defendant injured them. Since that is often not literally possible, financial compensation is used to bridge the gap. Damages are broken down into three main categories: economic damages, non-economic damage, and punitive damages.
Economic damages are for things with discernable monetary value. Items that will fall under the umbrella of economic damages tend to have bills or receipts. For example, hospital bills, costs for medical treatment, and physical therapy expenses are all things that you could be awarded economic damages for in court.
You could also be awarded economic damages for missed time at work. If your injuries made it so that you could not earn pay from your job for a while, you could be compensated by the court for the income you could have obtained had you not been injured. Similarly, if your injuries prevent you from working entirely, you could be compensated based on the income you would have earned were you not injured and able to continue working.
While economic damages might appear straightforward, they still can be heavily disputed in courts, and defense attorneys will try their best to have them mitigated in their counterarguments.
Non-economic damages are more up in the air than economic damages. Common items a plaintiff will request non-economic damages for include pain and suffering, mental anguish, and disfigurement.
It is difficult to put a monetary value on many non-economic damages. Putting a price on how much a broken limb hurts or how distressing permanent disfigurement is, is a difficult task. Each plaintiff will experience different levels of pain or distress. Accordingly, the non-economic damages requested by each plaintiff will be different. You will need to work with our lawyers to come up with an amount that makes sense for your case and then convince the judge and jury that you are entitled to that amount of non-economic damages.
Unlike the other types of damages, which are meant to make the plaintiff whole, punitive damages are designed to punish the defendant. Courts rarely award punitive damages since they are reserved only for defendants who have done especially grievous actions. For example, a delivery contractor who mandated that their drivers work for three days without sleep at a time might possibly have punitive damages levied against them should they be taken to court for their actions.
Call Our Madison, AL Amazon Delivery Truck Accident Lawyers Today
Call our Amazon delivery truck accident lawyers from Howe Law at (844) 876-4357 for a free case review.