Car accidents are already chaotic enough, but when caused by an Amazon delivery truck, they can be much more complex. Recovering compensation for injuries can be difficult, and many victims might not know whom to hold accountable.
A Nashville Amazon delivery truck accident lawyer can make all the difference in maximizing the compensation you are entitled to. Amazon has a complex relationship with the drivers who make their deliveries. Many are private contractors and third-party companies, which provides Amazon cover from liability. However, the interconnected nature of their business arrangements means that several parties might be liable for your damages. You will need to act quickly, though, as there is only a short time to file a lawsuit in Nashville.
If an Amazon delivery driver injured you, our Nashville Amazon delivery truck accident lawyers can help you hold the responsible parties accountable. For a free case review, contact Howe Law today at (844) 876-4357.
Who Can Be Held Liable for an Amazon Delivery Truck Accident in Nashville, TN
Determining who is liable after an amazon delivery truck accident can be extremely challenging. Depending on the status of the amazon driver that injured you, there could be multiple responsible parties. However, in the vast majority of cases, Amazon will not be able to be held directly liable for accidents their trucks are involved in. This is because the drivers and companies that Amazon uses to complete its deliveries are considered independent contractors and do not technically work for Amazon. It is typically these independent contractors that you will look to place responsibly.
Amazon Flex Drivers
Amazon Flex drivers have become a commonly used independent contractor for Amazon to help with its massive shipping demands. Amazon Flex drivers are self-employed drivers like Uber and Lyft rideshare drivers. If an Amazon Flex driver caused your accident, you could sue the driver for damages but typically not Amazon.
Fortunately, independent drivers that contract with Amazon must carry Amazon Flex insurance, which provides up to $1,000,000 in bodily injury coverage for those injured in an Amazon delivery truck accident. The caveat is that the Flex driver must have been considered on duty and making deliveries when the accident occurred for Amazon Flex insurance to apply.
Delivery Service Partner Drivers
Many other Amazon delivery drivers are employees of delivery service partners (DSPs). DSPs are local and regional corporate entities that contract with Amazon to help fulfill its shipping orders. If it turns out that the Amazon driver involved in your accident works for a local DSP, you can file a lawsuit against the driver and the DSP if it can be shown that the driver caused the accident during the normal course of his job duties.
Again, you will likely not be able to sue Amazon directly. However, if the DSP driver was making deliveries when the accident occurred, Amazon’s Flex insurance would be available to cover bodily injury damages.
Amazon’s relationship with Flex drivers and delivery service partners provides a convenient cover from liability. As mentioned before, you will usually not be able to file a lawsuit against amazon for an accident involving a truck that makes deliveries for it.
In rare situations, it might be possible to hold Amazon liable for an independent driver’s negligence. If you can prove that Amazon exercised so much control over the driver that they were effectively an employee of Amazon, Amazon could be sued like a typical employer. This can be shown by conduct like providing training to a driver, making route recommendations during deliveries, and communicating directly with the driver to give delivery instructions.
However, Amazon can generally refute these claims if the delivery driver is employed by a delivery service partner who can hire or fire the driver at will. Our Nashville Amazon delivery truck accident lawyers can help you determine which parties could be liable for damages in your case.
Filing a Lawsuit After an Amazon Delivery Truck Accident in Nashville, TN
Tennessee is one of the many at-fault states in the country. This means that you can file a lawsuit against an at-fault delivery driver and delivery service partner for damages. You can still file an insurance claim against the at-fault driver’s Flex insurance, but it will only provide certain economic benefits. This includes medical costs, lost wages, and compensation for property damage.
Sometimes you have suffered damages that go beyond what insurance will cover. A lawsuit will allow you to recover non-economic damages that insurance benefits will not provide. Non-economic damages include the physical pain your injuries have caused, the emotional stress of life after the accident, and other subjective damages resulting from your injuries. Recovering these damages and the economic damages you are entitled to can greatly increase your compensation. Our Nashville Amazon delivery truck accident lawyers can help you file your lawsuit against the responsible parties to recover the full range of damages available.
Statute of Limitations to File a Nashville, TN, Amazon Delivery Truck Accident Lawsuit
Tennessee’s statute of limitations is the time limit to file an Amazon delivery truck accident lawsuit. According to T.C.A. § 28-3-104, victims of an Amazon delivery truck accident will have only one year to file a lawsuit in Nashville. This is one of the strictest deadlines in the country. Further, if you miss this narrow window, your case will be diss missed by the court unless you qualify for one of the rare exceptions.
After an Amazon delivery truck accident occurs, time is of the essence. You will want all the time you can get to gather the important evidence you will need to prove your case in court. Some Amazon delivery trucks are equipped with surveillance or dash-cams, which could be erased if you delay your case. Important employee records could go missing or even destroyed before you have had the opportunity to recover them. Our Nashville Amazon delivery truck accident lawyers can help you collect evidence for your lawsuit to ensure that it is filed in a timely manner.
Our Nashville, TN, Amazon Delivery Truck Accident Lawyers Can Help
If you or a loved one has been injured in an Amazon delivery truck accident, our Nashville Amazon delivery truck accident lawyers at Howe Law can provide you with a case evaluation at no cost. Call us at (844) 876-4357.