If you’re hit by an Amazon truck driver, you should focus on getting medical attention and reporting the incident to the police. If you’re hit by an Amazon delivery driver, you may be able to file a personal injury claim. That said, since Amazon uses third-party delivery companies and independent contractors, in many instances you will not be suing Amazon directly.
Call our experienced Amazon accident lawyers for a FREE consultation at (800) 718-4658 or fill out our contact form if you or a loved one was injured or killed in an Amazon truck accident. We can guide you through the legal process, help you seek fair compensation and will charge you no legal fee unless and until we win your case.
Hit by an Amazon Driver in California: Key Takeaways
- After an Amazon truck accident, call 911, get a police report and seek medical care for any injuries that you sustained.
- Avoid giving recorded statements to insurance adjusters before speaking with an attorney.
- If you are injured in an Amazon truck accident, you have the right to seek compensation for your injuries.
- Since Amazon uses DSPs and Amazon Flex contractors instead of direct employees, oftentimes you will not be suing Amazon directly for your damages.
- The statute of limitations in California to file a car accident claim is generally two years from the date of the injury.
Table of Contents
- What to Do Immediately After an Amazon Delivery Driver Accident
- Who Is Liable When an Amazon Driver Hits You?
- Can You Sue Amazon Directly?
- What Is the Average Payout for an Amazon Delivery Truck Accident?
- How Long Do You Have to File a Claim in California?
- Contact Our Amazon Delivery Accident Attorneys Today
What to Do Immediately After an Amazon Delivery Driver Accident
First, it’s important to call 911 and contact the police. If you’re injured, seek immediate medical care. Seeing a health professional soon after the accident is important even if your injuries seem minor, since many injuries such as whiplash and concussions can have a delayed onset.
Additionally, it’s important to document the scene of the accident, taking photos of any property damage sustained, surrounding road conditions and any visible injuries.
You should also ask the driver whether they work for Amazon directly, a DSP or if they are an Amazon Flex contractor. Their answer could impact which insurance policy will cover the claim.
Avoid giving recorded statements to insurance adjusters before you talk with an experienced Amazon accident attorney. Any statement you give can be used against you at a later time to minimize the value of your claim.
Contact an attorney as soon as possible and they will be able to help you gather evidence such as GPS logs and dashcam footage relevant to the incident. Once a lawyer is on your side, they can help seek fair compensation for your injuries and take care of paperwork so you can focus on recovery.
Who Is Liable When an Amazon Driver Hits You?
In an Amazon delivery driver accident, liability can vary depending on the classification of the driver and how much Amazon’s conduct contributed to the accident.
Potentially liable parties for an Amazon car accident:
- Amazon Flex Drivers: If the delivery driver was an independent contractor for Amazon Flex, they could be held individually responsible for damages caused in the car accident.
- Amazon Delivery Service Partner (DSP) Drivers: Many of Amazon’s deliveries are contracted out to DSPs, which are third-party courier services. These drivers are considered employees for these third-party companies rather than Amazon, despite the fact that they often operate Amazon-branded vehicles.
- Amazon: If the company’s delivery quotas or performance tracking standards contributed to the accident occurring, it may be argued that they are liable for resulting injuries.
Under California Civil Code § 1714, businesses are generally responsible for injuries if said injuries are caused by their negligence. While California law generally shields hirers from being liable for the negligence of independent contractors, there are exceptions to the rule.
For example, when a nondelegable duty applies or when a hirer retains control over the work of a contractor in a way that contributes to the resulting injury, they may still be found liable.
In cases such as Edmonds v. Amazon.com and Gibbs v. MLK Express Services, courts allowed claims to move forward against Amazon despite the fact that involved workers were employed by third-party contractors.
Regardless of who is determined liable for your accident, an experienced delivery driver accident lawyer can help you seek compensation for your injuries.
Can You Sue Amazon Directly?
Amazon can be sued directly if their negligence contributed to an accident. That said, the company will likely argue that their Amazon Flex and DSP drivers are not their employees in order to avoid liability.
What Is the Average Payout for an Amazon Delivery Truck Accident?
There is no single average for Amazon delivery truck accidents because cases can vary significantly in value depending on injury severity, which party is liable, what insurance coverage is available and the strength of evidence.
In the case where an Amazon truck causes minor injuries such as whiplash or soft-tissue strains, the resulting settlements may range from around $10,000 to $50,000. In situations where the crash causes more severe injuries like disc herniations or traumatic brain injuries, you may see higher settlements ranging from $75,000 to $300,000 or more.
Finally, if catastrophic injuries result from the car accident, you may see settlements of $1 million or higher.
Damages that may impact the value of your settlement include:
- Medical costs
- Lost wages and earning capacity
- Property damage
- Pain and suffering
- Wrongful death
Our delivery truck accident attorneys can help evaluate your claim for free. Contact us today for a free case evaluation.
How Long Do You Have to File a Claim in California?
The statute of limitations for a California personal injury claim is typically two years from the date of the injury under California Code of Civil Procedure § 335.1. If you miss the deadline, this typically means you will not be able to seek compensation, even if you have strong evidence to back your case.
If you were injured in an Amazon accident, it’s important to contact a lawyer promptly to ensure crucial evidence pertaining to your case is preserved.
Contact Our Amazon Delivery Accident Attorneys Today
If you were injured in an Amazon delivery truck accident, call our experienced Amazon accident lawyers for a FREE consultation at (800) 718-4658 or fill out our contact form.
You should not have to face this burden by yourself. Our experienced truck accident lawyers are prepared to fight on your behalf to seek fair compensation for your injuries. Let us take care of your case so you can focus on recovery.
