Being involved in a car accident is already overwhelming, but if it involves an Amazon delivery truck, it can become even more complicated. Seeking compensation for injuries can be a challenging task, and it may be unclear who should be held responsible for the damages.
If you have been involved in an Amazon delivery truck accident, it is important to understand your rights and the compensation you may be entitled to. Seeking the help of a reputable lawyer can make all the difference in ensuring you receive the maximum compensation possible. Amazon has a complex relationship with its drivers, many of whom are private contractors and third-party companies. While this provides Amazon cover from liability, there may be several parties responsible for your damages due to their interconnected business arrangements.
Call Howe Law at (844) 876-4357 to receive a free case assessment with our Amazon delivery truck accident attorneys.
Determining Liability After an Amazon Delivery Truck Accident in Phenix City, AL
For someone who has recently been injured by an Amazon delivery truck, the most difficult aspect is often figuring out who is responsible for the accident. Depending on the circumstances, there could be several parties who could be held accountable for any resulting damages. Fortunately, our Amazon delivery truck accident attorneys have the experience necessary to identify the responsible parties. The following are the most common parties to be sued for Amazon truck accidents in Phenix City:
Amazon
Following an Amazon delivery truck accident, some individuals may consider suing Amazon for their injuries. However, in most cases, Amazon cannot be held directly responsible for the driver’s actions. This is because the majority of Amazon drivers are independent contractors rather than employees. Amazon contracts with third-party companies and cannot be held liable for the actions of these independent contractors.
In the event that an Amazon delivery truck driver, who is an actual employee of Amazon, is involved in an accident, Amazon may be held responsible under respondeat superior for any damages caused during the driver’s normal job duties. It is worth noting that Whole Foods trucks, which are delivering groceries throughout Phenix City, are operated by Amazon employees since Whole Foods is a subsidiary of Amazon. Thus, if your accident involved a Whole Foods Amazon delivery truck, Amazon could be held liable.
Amazon Flex Drivers
If you have been involved in an accident with an Amazon delivery truck, it is natural to assume that the driver is at fault. These drivers are usually independent contractors using their own vehicles or rented vans, similar to Uber or Lyft drivers. However, if the accident was caused by the negligence of an Amazon Flex driver, they can be held responsible for any damages they caused.
Thankfully, Amazon requires their contracted drivers to carry commercial insurance as well as Amazon Flex insurance. This means that if you need to file a claim against a driver’s Amazon Flex insurance, you may be eligible for coverage of up to $1,000,000 for bodily injury and property damage.
Delivery Service Partner Drivers
Some employers could be held responsible for their employees’ negligence through the legal principle of respondent superior. However, this liability only applies if the accident occurred while the employee was performing their job duties. Although Amazon may not be subject to lawsuits under this principle, the delivery service companies it partners with can be held liable. Amazon collaborates with various delivery service partners across Alabama and the country, including independent Amazon Flex drivers, to facilitate its extensive delivery operations. These partners can be held responsible for their employee’s negligence in the same way as any other employer.
Damages You Can Pursue for Amazon Delivery Truck Accident in Phenix City, AL
In case you get injured by a delivery truck driver employed by Amazon, you have the option of seeking damages which may include medical expenses, lost income, pain and suffering, and other related losses. In Alabama, damages are categorized into two types, namely, economic and non-economic damages. If you have incurred financial and emotional losses due to someone else’s negligence, you can file a lawsuit to recover those losses by means of compensatory damages. If you are awarded punitive damages, the amount you receive as compensation for your case could be significantly higher.
Economic Damages
Compensation for economic damages covers any financial losses experienced by victims as a result of their Amazon accidents. This includes medical bills incurred in the past and those that will be incurred in the future due to injuries. Additionally, you may claim lost wages and losses from reduced earning capacity. Lost wages refer to the income you would have earned if you were not injured and unable to work. Earning capacity refers to the amount of money someone could earn over their lifetime if they could work at full capacity continuously. Property damage and other out-of-pocket expenses are also included in your economic damages claim.
Non- Economic Damages
Non-economic damages, commonly known as pain and suffering, are the physical and emotional distress caused by your injuries. These damages can be challenging to quantify and validate, as they involve personal impacts such as depression, anxiety, and sleep disturbances. Pain and suffering damages are typically granted when it is evident that your injuries caused significant difficulties in your life beyond financial expenses. This could be demonstrated by humiliation resulting from scarring or mobility issues or the inability to engage in hobbies you previously enjoyed.
Punitive Damages
Lastly, punitive damages might be awarded in seriously devastating cases in Phenix City. Punitive damages serve the purpose of punishing a defendant for their wrongful conduct and preventing others from engaging in similar actions in the future. Unlike compensatory damages, punitive damages are not primarily awarded to compensate the victim. To receive punitive damages, it must be proven that the defendant acted with willful and reckless behavior when causing your injuries. This is a more difficult standard to meet than proving simple negligence.
Time Limit to File an Amazon Delivery Truck Accident Lawsuit in Phenix City, TN
If you were involved in an Amazon delivery truck accident in Alabama, it is important to know about the statute of limitations, as per Ala. Code § 6-2-38, you have two years from the date of the accident to file a lawsuit in Phenix City. If you miss this deadline, the court will not consider your case, and it will be dismissed.
Gathering crucial evidence can be a time-consuming task, especially when it involves multiple parties. Fortunately, several Amazon delivery trucks are now outfitted with surveillance cameras and dash-cams. In the event of an accident, such footage could prove invaluable. However, it is important to act swiftly and request the footage before it is erased.
Our Phenix City, AL Amazon Delivery Truck Accident Lawyers Can Help
For a free case review with our Amazon delivery truck accident lawyers, contact Howe Law today at (844) 876-4357.
