Placer County Personal Injury Attorneys

Negligence of Amazon and Drivers

Unlike California dog bites, Amazon is not strictly liable for injuries to others. Amazon has a responsibility to hire people who can drive safely and not endanger anyone while doing their job tasks. If Amazon hires someone who is potentially dangerous or reckless, the corporation might be held liable for any incidents that occur as a result.

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 weren’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; in these accidents, the same four elements of negligence apply.

Amazon Partners

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.

• Personal insurance coverage, on the other hand, 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 usage 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.

Vicarious Fault?

Amazon tries to limit its liability to its Delivery Service Partners (DSP). The company allegeles 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 DSPs 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

Respondeat 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. If the court finds no evidence of vicariously liability, Amazon Flex coverage is all you get. 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 this is not the case, 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 victims’ damages. An Amazon Flex app requires the driver to sign up for a delivery shift. The driver’s request is then confirmed by Amazon. 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 see if they are an employee or not. Since Amazon maintains a lot of control over its DSPs many courts treat them as an employee. 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.

What to Do Immediately After an Amazon Truck Accident

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, the 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, as well as 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 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 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.

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 with our licensed California law firm right away. Our team of experienced Los Angeles personal injury attorneys have handled many delivery logistics car accidents where drivers are negligently delivering packages the the delivery location.

We can help you get money for your medical bills and other medical expenses as well as lost wages. Call us today to schedule a risk a 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. We want to hear everything about the circumstances surrounding your case. Se Habla Español

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“I met Mr. Ehline years ago in San Diego, CA. Later, when I needed his services, he threw himself into the thick of things for me at his Los Angeles office. He dealt with the insurance people and took charge of my case. He handled my accusers with enthusiasm and true grit. He was professional, yet hard as nails when he negotiated my property damage and my settlement. He made it happen and made my experience a smooth one, also got me a great settlement. I recommend this firm to all my family and friends to this day.” – H. Hammond.

Michael Ehline

Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer in the California State Bar Law Office Study Program, later receiving his J.D. from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements and he can help you get the compensation you deserve for sure.

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