Were you in an accident with an Amazon Flex, Prime, or another delivery vehicle, and now at your wit’s end with the terrible truck accident lawyers in Los Angeles?
Superior Delivery Vehicle Accident Lawyers
Our top-rated delivery vehicle accident law firm has experience suing companies like Amazon, presently the most popular online shopping platform with over two million active retailers. Amazon has established a new delivery method called Amazon Flex to meet its ever-growing consumer base. Below, our consumer lawyers will explain the history of Amazon and how to acquire maximum financial compensation from Amazon when you or a loved one suffers an injury or are facing a wrongful death action.
Prior to this, the Amazon corporation formed loose partnerships with established corporations like DHL, UPS, FedEx, and others to ship on its behalf.
Experts estimate that by the end of 2022, Amazon will have the largest delivery fleet in the United States, surpassing both UPS and FedEx in shipments. Because of its massive outreach and growth, you’d be hard-pressed not to find a local Amazon fulfillment center near you. However, Amazon has assembled an armada of vehicles with its local partners, who are not considered Amazon employees by the company.
Furthermore, the New York Times reported that Amazon recently knocked off Walmart, making it the world’s largest non-Communist Chinese retailer in 2021. (Over $610 billion in e-commerce sales.). In 2020, Amazon’s U.S. logistics branch transported over four billion parcels to customers, representing a 127% rise in package deliveries above the year 2019. (Source – Statista.) Many speculate the real winners during the COVID-19 shutdowns were large, highly political corporations like Amazon, with its new fleet of cars, vans, delivery trucks, and delivery drivers. Its a natural ally, the accident attorney (The academic, progressive trial lawyer) has parted ways since money rules the world and there are no rules to love and war.
Amazon Partners and Amazon Flex Drivers
Currently, Amazon used two methods to deliver packages on their “last mile” to homes or businesses:
- Amazon partners – These individuals act as independent contractors, with their own fleet of 20 to 40 dark grey vans marked “Amazon Prime.” The so-called “partner” is like a McDonald’s franchise business model, but here it delivers Amazon’s packages.
- Amazon Flex – This business model operates by hiring individual contractors with their own delivery vehicles using the ride-share model. This is akin to Uber eats in some ways.
Struck by an Amazon Delivery Driver?
As its supply side and logistics enterprise have exploded, the chances of delivery vehicle accidents have increased exponentially. This means we expect to see a massive rise in future property damage and people being struck, run over, or killed by Amazon delivery trucks operated by its fleet of contract and employee delivery drivers. Your family member or close friend could be at increased risk too. That’s why you should contact our law firm today before it’s too late to update medical records or file an insurance claim against the at-fault Amazon truck driver, etc.
Amazon Delivery Truck Accident?
Unfortunately, accidents are frequently caused by Amazon delivery truck drivers who are careless, reckless, and rushed. Because the drivers are independent contractors rather than employees, Amazon often avoids accountability for these mishaps. We are keenly aware that people require legal services following Amazon driver truck accidents.
Why Form an Attorney-Client Relationship With Us?
If you got injured in a crash caused due to a truck driver negligently delivering Amazon packages in Los Angeles, California, you must not give any recorded statement to the insurance adjuster. Instead, as soon as you are able, you should talk to a charismatic, friendly lawyer with experience in these complex and often disputed cases.
More History of the Amazon Company
In 1994, far left billionaire Jeff Bezos formed the Amazon company in Seattle, Washington. Starting in a garage, the first products it shipped were music Cds, printed books, and movie videos. In 1997, the growing online company finally went public.
The company diversified into other goods and online products. Presently, the company is a multinational corporation that sells all types of delivery services and other consumer products. As noted, it has multiple subsidiaries and partners as part of its successful platform. Now they deliver packages from third-party sellers directly to end users.
Here are some Amazon-Branded public offerings and Divisions:
- Amazon Prime Air
- Amazon Logistics
- Amazon Fresh
- Amazon Flex
- Amazon Air.
As discussed, these divisions do hire independent contractors as delivery partners. These services and relationships help the company deliver packages throughout the United States and world at large.
Common Causes of Amazon Delivery Truck Accidents
Most truckers will exercise caution while operating their vehicle. However, a tired or distracted driver may ignore traffic regulations or negligently operate their trucks to get there faster. Careless driving practices carried out by truck drivers can lead to catastrophic injuries and fatalities.
The Federal Motor Carrier Safety Administration (FMCSA) says there are several common factors that will cause an Amazon delivery truck or van driver to cause an accident, as follows.
- Inattentive, Distracted driving – Texting or talking on the phone while driving is an example of distracted driving. Due to parcels in the windshield area, visibility has been restricted
- Illegal driving techniques and maneuvers, including ignoring traffic signals like stoplights and signs, following too closely, speeding and careless driving.)The driver is in a hurry, with great pressure to finish all of their deliveries, and is driving recklessly to meet deadlines
- Driving while under the influence of drugs or alcohol (Impaired driving is a serious offense.)
- Novice drivers unfamiliar with local roads and routes
- Inadequate or poor road surveillance
- Fatigued driving
- Bad Brakes.
While other commercial truck drivers must exercise safe driving techniques to avoid fatigue, most Amazon drivers are exempt from these regulations. This can lead to drivers working in hazardous conditions, which can result in dangerous and even fatal delivery vehicle accidents.
Some Unfair Reasons for Amazon Delivery Accidents
One of the issues is that the business model is not uniform regarding safety and delivery protocols. Amazon hires third-company contractors to meet its huge demand to deliver packages rapidly. Many independent contractors are overworked and underpaid. They can only make more income by delivering more packages on any given day.
Truckers struggling to survive in the age of hyperinflation and over-regulation will naturally take risks. This means they may speed up, fail to update their trip sheets, make safety inspections and take required breaks, opting for long hours off the clock. Violating traffic laws can become par for the course, leading to mass casualties on Los Angeles roads.
Can You Sue Amazon After an Accident with an Amazon Delivery Vehicle?
If you’ve just been hurt in an Amazon delivery truck accident, you might be wondering if you can sue Amazon directly for your damages. Unfortunately, most people injured in Amazon accidents are unable to sue Amazon for compensation.
This is because Amazon does not own many of the vehicles and vans used by Amazon delivery drivers, and the driver is not an Amazon worker. Amazon delivery drivers are often self-employed individuals contracted and paid by Amazon Delivery Partner Services, a branch of Amazon Logistics. As a consequence, rather than Amazon, the company that hired the independent contractor is the defendant in a court lawsuit.
Because the corporation does not directly employ many Amazon drivers, it is able to avoid direct accountability in the event of a car accident. Even if multiple police reports or even Cal OHSA find the delivery driver at fault, that doesn’t mean Amazon will pay a dime.
In most situations, you may not be able to sue Amazon directly after an accident involving an Amazon delivery truck or van even though they may have comprehensive collision coverage.
Insurance Policy Limits?
Amazon requires all of its contractors to carry liability insurance, which means you can sue for damages for negligence, reckless driving, etc. Amazon Flex Insurance is the type of liability insurance that is necessary. This policy provides up to $1 million in motor liability coverage. This means that if a delivery driver is at fault in a motor accident, the insurance policy can pay up to $1 million in third-party injuries and damages. Remember that third parties, including the City or County of Los Angeles, can also be at fault for poor road conditions leading to brain injuries and other problems.
Were You Injured by an Amazon Delivery Truck?
If you’ve been hurt in an accident involving Amazon delivery trucks, you should immediately seek medical attention. Whiplash, brain, and spine trauma are all possible ailments that can be life-altering or fatal. Consult an Ehline Law Amazon Delivery Accident Lawyer after seeing a doctor for assistance in obtaining full compensation for your injuries. A truck accident attorney can work to construct a strong case against the at-fault party in order to claim monetary compensation for you.
Time Statute to Sue
A statute of limitations applies to all personal injury claims. The deadline in California is two years from the date of the Amazon delivery accident. That is why contacting a personal injury attorney as soon as possible is important to help you through these difficult times.
Having an experienced attorney on your side can almost certainly boost your chances of receiving the payment you deserve. We are willing to go to court if we do not receive a reasonable offer from the other party’s insurance company.
Injuries From a Crash with an Amazon Delivery Truck Driver
Like any other truck or vehicle accident, an Amazon delivery truck accident can result in minor to catastrophic injuries. The level of the injuries sustained can be determined by the weight of the Amazon van or truck, the speed at which the vehicles collided, and the accident’s severity.
Injuries sustained in an Amazon delivery truck accident include:
- Cuts, lacerations, and burns
- Injury to the back and neck
- Seatbelt-related injuries
- Traumatic brain injury
- Injuries to the spine
- Injuries to the head
- Wrongful death
- Bone fractures
- Broken bones
Negligence of Amazon and Drivers
Unlike California dog bites, Amazon is not strictly liable for injuries to others. Amazon is responsible for hiring people who can drive safely and not endanger anyone while doing their job tasks. If Amazon hires someone potentially dangerous or reckless, the corporation might be held liable for any incidents that occur.
Drivers also have an obligation to everyone else on the road and must not drive in such a way that puts anyone else in danger. If you can prove four grounds of negligence, you can pursue legal action in the form of a personal injury lawsuit.
The points are as follows:
- A duty of care was owed to you
- A breach of the duty of care arose
- An accident occurred as a result of the breach
- The accident resulted in bodily injury.
All four of these criteria must be met so that you can file the claim effectively. You cannot get coverage for medical expenditures if you aren’t wounded. Additionally, you should also not be the one who caused the accident.
If you were also involved in the delivery truck accident and were found to be somewhat at blame, the amount of your payout can be significantly reduced. Accidents involving an Amazon delivery vehicle can be fatal; the same four elements of negligence apply in these accidents.
Accident victims may face a muddled insurance nightmare if a driver hired through an Amazon Delivery Service Partner or Amazon Flex is at fault due to the contractual company’s own laws, restrictions, and insurance coverage, even worse, in the rare event that an Amazon employee is engaged in an accident.
The Amazon website contains little to no advice about what to do if you are wounded by one. This is just another reason why you should never engage directly with the defendants. Form an attorney-client relationship and services of a skilled and knowledgeable trial attorney for legal advice and to select the best course of action for your safety.
Who Pays in an Accident with a Subcontractor for Amazon?
Amazon Flex – This is dependent on who is shipping the goods. A Flex driver, for example, is someone who picks up and delivers Amazon deliveries using their vehicle. In this case, the driver of the car would be held directly accountable.
- On the other hand, personal insurance coverage may not payout if the vehicle is being utilized for commercial purposes.
- The Amazon Flex Auto Policy, which protects drivers while making deliveries, is available from Amazon.
This would require the motorist to have two policies on their vehicle; one for personal use and the other for commercial use. Before working as an Amazon delivery driver, those interested in working for the e-commerce giant should consult with their insurance company.
Amazon tries to limit its liability to its Delivery Service Partners (DSP). The company alleges DSPs are independent contractors to get out of vicarious liability, thereby protecting its assets from paying for your collision.
The company even uses an algorithm to oversee how many packages its DSP drivers deliver and how fast they drive. Hence, there is no question in our mind these are NOT independent contractors. How can they not be an employee when Amazon forces the driver to meet its own deadlines and even has its name on the side of many of these vehicles?
Know the Doctrine of Respondeat Superior
Respondent Superior is a legal notion that holds an employer liable for the activities of their workers while they are working for them. In other words, if a delivery truck driver in Los Angeles is engaged in or directly causes a collision that causes injury to another person, the owner of the company and the Amazon delivery vehicle are accountable and can be fined and sued for fair compensation.
Frolic and Detour?
Remember, if a driver is on their way to or from work to home, their Amazon Flex insurance policy, for example, will not kick in as they are not on the clock. Amazon Flex coverage is all you get if the court finds no evidence of vicarious liability. This policy provides coverage for up to $1 million in damage caused by third parties when the delivery driver was on clock-in during the collision. If not, no commercial insurance is available to pay your losses.
Because California is a liability state, an Amazon Flex driver who causes your accident can be held accountable for your damages. First, check with the at-fault driver’s personal insurance to see if he or she is covered; this may be enough to receive fair compensation. If not, you may need to file a claim with Amazon’s Commercial Car insurance provider.
Going up against a giant like Amazon individually might be challenging. Amazon’s policy, on the other hand, may provide more coverage for your losses. Only if you can prove that the driver was making an Amazon delivery at the time of the crash, then Amazon may agree to compensate you for your losses.
How to Prove a Driver Was on Duty When the Accident Happened
If the driver was not in a delivery zone at the time of the truck accident, Amazon’s Commercial Auto insurance policy cannot pay for the victim’s damages. An Amazon Flex app requires the driver to sign up for a delivery shift. Amazon then confirms the driver’s request. When the delivery block window arrives, the driver is on duty.
Using the driver’s cellphone data, you may be able to verify whether the Amazon Flex driver was on duty at the time of your car collision. Accessing the driver’s activities with the Amazon Flex app, for instance, could reveal that the driver had signed up for a delivery block and was currently delivering a parcel at the time of the accident.
Ehline Law, an Amazon delivery truck accident law firm, may be able to assist you in proving that the delivery employee was on duty at the time of your car accident.
Formula to Decide Who Pays What
In California, courts and the FTB look at how much control the company exerts over the person to determine whether they are an employee. Since Amazon maintains much control over its DSPs, many courts treat them as employees. Because of this, the Amazon company will be on the hook to pay coverages over the primary insurance policy, vicariously liable to the plaintiffs.
Ehline thinks the company micromanages its e-commerce operations, even forcing its DSPs to wear an Amazon uniform. Since it also monitors deliveries and uses video cameras to watch the drivers as they operate the vehicles and where they go, this is evidence of ownership and control.
Get a Free Consultation To Learn More
A court could decide the driver that struck you was a contractor. That means if you suffered a brain injury or permanent ailment, the company will not cover any additional damages, and you are on your own. This is why you must speak with an experienced lawyer at Ehline Law Firm Personal Injury Attorneys, APLC, to help you file your claim.
Our serious injury lawyers can fully investigate your matter and assist you in holding anyone with deep pockets to pursue and pay compensation on your behalf.
Focus on your health right after an accident with a delivery truck driver.
- Get medical attention – Examine yourself for injuries and dial 911 for immediate medical assistance. If you refuse medical treatment, you may find it harder to obtain compensation for your personal injury claim afterward.
- Photos – Take pictures and videos of the delivery truck accident scene, if possible, including the broader location. Photograph and document vital details like tire skid marks, debris fields, weather conditions, traffic conditions, traffic lights (were the red lights phasing properly?), and traffic control devices.
- Copious notes – Make notes of any speed limit warning signage as well. Make a note of the Amazon truck’s license plate number and any other identifying numbers on the truck’s body.
- Witness/driver details – You should request the contact details of the Amazon driver and any witnesses and ask them to tell the police what they saw.
- Call the Police for an accident report – Give the police only the most basic details about the delivery truck accident and follow their instructions for getting a copy of the police report.
- Admissions – Never admit fault or apologize. Do not engage in a lengthy discussion about who is to blame or the specifics of the accident until you have spoken with a California Amazon truck accident lawyer from Ehline Law for a free consultation.
How to File a Claim Against Amazon?
For legal assistance to make a claim with Amazon’s insurance company, contact our lawyers to discuss legal fees and look at any uninsured or underinsured motorist coverage that may come into play. After an accident in Los Angeles, we can help you manage the claims procedure and take over negotiations on your behalf. Our motivated law offices will ensure that your right to fair compensation is protected in the event of a catastrophic accident caused by parties involved with Amazon. If you want to schedule a free consultation, contact our law firm immediately at 213-596-9642 today.
Important Questions About Amazon Delivery Truck Accidents:
- Were you hurt in an Amazon truck crash?
- Was this a negligent or wrongful act?
You may not know if the other party is to blame if delivery vans or some other cause wounded you; an experienced commercial accident lawyer can only answer the second question without more information about your auto accident case.
If you answered yes to both questions, there’s a reasonable probability you have a legal claim and are entitled to significant compensation. So please enter your contact information into the sidebar contact form, or call us today.
Because Amazon is a multibillion-dollar organization with independent contractors, its insurance coverage is not the same as those of the average commuter. This is one of the many reasons why retaining the services of an expert attorney to handle these complicated problems on your behalf is often necessary to ensure that your rights are protected, and claims are made against the necessary insurance company, etc.
Our truck accident lawyers maintain convenient locations to serve your legal issues against Amazon employees and independent drivers in Orange County, Los Angeles, CA (Beverly Hills, El Segundo, Torrance, and anywhere else Amazon will deliver goods or services. Our associates will come to your front door anywhere in the country to make sure Amazon is held responsible for causing crashes, pain and suffering, injuries, and death.
Our consumer lawyers just explained the history of Amazon and how you can receive the maximum financial compensation under California law from Amazon and its affiliates when facing a serious injury or wrongful death in an insurance claim or in a Los Angeles County Superior Court.
Get Help From Our Experienced Los Angeles, California, Amazon Accident Attorneys
Do you deserve to recover compensation from an Amazon driver, a third-party company, or their boss? If you have been injured in an accident with an Amazon delivery driver or its third-party delivery companies, consult our licensed California law firm immediately. Our team of experienced Los Angeles personal injury attorneys has handled many delivery logistics car accidents where drivers are negligently delivering packages to the delivery location.
We can help you get money for your medical bills, other medical expenses, and lost wages. We want to hear everything about the circumstances surrounding your case. Call us today to schedule a risk-free consultation and discuss your legal options. You can do so from the comfort of your Northern, Central, or Southern California home or office by dialing (213) 596-9642.
You can also use our convenient online contact us form to tell us about your potential case and forming an attorney-client relationship with our charismatic, award-winning legal experts. Se Habla Español
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