Amazon deliveries are ubiquitous in everyday life. It is one of the most lucrative companies in the world and delivers millions of products daily. Since the 2020 COVID-19 Pandemic, the frequency of Amazon deliveries has dramatically increased.
With more delivery vehicles on the road comes the opportunity for more accidents to happen. Getting hit by an Amazon vehicle while on a sidewalk outside your home or in your car on the street can result in serious injuries. You may be burdened with enormous medical expenses, repair costs for your vehicle, and a long road toward physical recovery. Our lawyers can help you fight for and get the financial compensation you deserve for your injuries.
Call the Amazon delivery vehicle accident lawyers at Howe Law at (844) 876-4357 for a free case review.
Can You Sue Amazon for a Mobile, AL Delivery Vehicle Accident?
You can and should sue the vehicle driver and their employer after an accident. However, you might not be able to sue Amazon. Instead, you should work with our Amazon delivery vehicle accident lawyers to sue the driver’s direct employer. Doing so will give you the best chance of getting financial compensation for your injuries.
Why Can’t I Sue Amazon?
Amazon frequently uses proprietary vehicles with their name emblazoned on the side to deliver packages. However, the vehicle drivers are independent contractors, not Amazon employees. Employers are only responsible for the conduct of their employees when they are on the job.
Large companies commonly use independent contractors to avoid being sued if any of them hit someone while on the job. Amazon is particularly large. If they employed every driver, the company would doubtless be inundated with lawsuits every day.
Suing the Delivery Company
A delivery vehicle driver might be “judgment proof” or incapable of paying for your injuries. It will not do you any good to win a case against a defendant who cannot pay for your damages. Often, the trucking company they work for will be in a better position to pay any damages awarded to you. That being said, trickers generally have insurance that is designed to cover accidents, so even if the truck driver is an independent contractor without an employer, you will likely still be able to recover something from them.
Rules for Suing Trucking Employers
The legal doctrine “respondeat superior” or “let the master answer” lets employers be sued for the bad conduct of their employees. As explained above, the employer is likely better positioned to help an injured plaintiff than an employee. The catch is that the employee’s conduct must be related to their work. If the driver’s conduct was not work-related, you will not be able to sue Amazon.
For example, if the Amazon driver hits you while pulling into your driveway to deliver something, they hit you while doing a job-related activity. The trucking company will generally be liable for this. Similarly, if they hit you while pulling into a gas station while delivering a package to someone else, you can still sue the employer. Even though they were not doing a work activity right then and there, getting gas would be related closely enough to work to make the employer liable. This is called a “detour.”
If, however, the driver takes their vehicle to their friend’s house instead of working for the day and hits you in transit, The company would not be liable. The driver’s activity is too far detached from their work. This is legally known as a “frolic.” The employee is not doing their job, so the employer shouldn’t be responsible for their conduct.
Damages From an Amazon Delivery Vehicle Accident in Mobile, AL
Damages from car accidents can be broken down into two main categories: economic and noneconomic damages. A third category, punitive damages, is awarded much less frequently than economic or noneconomic damages.
Economic Damages
Economic damages have a definite monetary value. Common examples of economic damages after a car accident are medical bills that need to be paid and lost income due to your injuries.
Insurance will sometimes cover economic damages, but insurance companies generally do not want to pay out claims in full; otherwise, they wouldn’t make any money. You will likely need to have an attorney argue your case in court to get compensation for all economic damages.
Non-Economic Damages
Non-economic damages are harder to quantify. Examples of non-economic damages include mental anguish, pain and suffering, and loss of companionship for a loved one. It is difficult to put an exact dollar amount on how much an injury hurt. Some would say it’s impossible to put a price on a life that was lost.
Since the value of non-economic damages is not easily ascertained, their value will need to be argued in court.
Punitive Damages
Punitive damages are a special kind of damages used to punish the defendant for particularly bad conduct. The purpose of punitive damages is to dissuade the defendant from acting as they did in the future.
It is rare for courts to award punitive damages. Alabama courts limit the amount of punitive damages a plaintiff can be given in a case. Ala. Code § 6-11-21(d) limits punitive damages awarded to a plaintiff to the greater of $1,500,000 or three times the amount of compensatory damages awarded.
Causes of Amazon Delivery Vehicle Accidents in Mobile, AL
Delivery vehicle accidents can be caused by a number of factors, such as these common issues:
Ordinary Traffic Violations
Amazon delivery drivers can make the same driving mistakes as everyone else. Speeding, running red lights, or failing to use a turn signal can all lead to motor vehicle accidents.
Rushed Delivery
Amazon could place strict delivery timetables on their drivers. Consequently, drivers might rush to get all their packages delivered for the day so they do not get in trouble with Amazon. A driver in a hurry might not follow the rules of the road and accidentally hit someone.
Tired Driving
A busy schedule can make anyone suffer fatigue or drowsiness. Much like driving under the influence, drowsy driving poses a significant risk to the public since the driver reacts more sluggishly than they otherwise would. Amazon drivers work long hours. A long time behind the wheel of a vehicle or many stops in one day can take its toll mentally. Drivers who have been behind the wheel for a long time can get into accidents because they aren’t paying attention or worse, start dozing off behind the wheel.
Call Our Car Accident Lawyers Today to Review Your Case
Our Amazon delivery vehicle accident lawyers at Howe Law can be reached at (844) 876-4357 to talk about your case.
