Many people rely upon Amazon and other delivery services – especially during the holiday season – for all their package delivery needs. However, Amazon drivers sometimes make mistakes, leading to devastating accidents and injuries.
When that happens, accident victims may have a valid legal claim against the negligent delivery truck driver and Amazon for various types of monetary recovery.
If you or someone you love recently suffered injuries in an Amazon delivery truck accident, you need to talk with an experienced truck accident attorney in your area immediately about your legal rights and options.
Your attorney can pursue the money you need to cover your medical expenses, lost earnings, and other out-of-pocket losses. They can also file a claim on your behalf with the insurance company or litigate your case at a civil jury trial or alternative dispute resolution (ADR) proceeding.
During litigation, your lawyer can attend all hearings with you, introduce evidence supporting your case, and pursue the best possible result on your behalf. Your attorney can also recommend settlements or litigation and advise you on important decisions at every stage of the proceedings.
With the prevalence of smartphones and other driver technology (including GPS navigation systems), distractions pose a significant risk to many delivery drivers.
Drivers may experience the temptation to check text messages, use GPS systems, or engage in other distracting activities while on the road, subsequently causing a severe accident.
Amazon delivery truck accidents can also result from improper loading and unloading procedures. Incorrectly loaded or overloaded delivery trucks can affect stability and maneuverability. Moreover, shifting cargo may cause an Amazon delivery driver to lose control over their vehicle – especially during sudden turns or stops.
Amazon delivery truck accidents may also result from mechanical defects. Like any vehicle, Amazon delivery trucks are susceptible to mechanical failures. Brake malfunctions, tire blowouts, or issues with steering systems can result in accidents by causing the driver to lose control of their vehicle.
Similarly, failing to perform regular maintenance on Amazon delivery trucks can lead to equipment malfunctions. Worn-out brakes, faulty lights, or other issues may severely compromise the safety of a delivery vehicle, bringing about a severe accident.
Amazon delivery truck accidents can also occur when drivers commit serious traffic violations. Some drivers may resort to aggressive driving maneuvers, such as speeding, tailgating, road rage, or improper lane changes, to meet tight delivery schedules. However, these violations may significantly increase the risk of collisions with other vehicles and pedestrians.
Finally, some Amazon delivery truck accidents happen because of inadequate driver training. Amazon is responsible for adequately training their drivers and helping them to understand their vehicles’ handling characteristics, navigate traffic, and respond to challenging situations. When Amazon fails to properly train and supervise its drivers, severe accidents and injuries can result.
Preventing Amazon delivery truck accidents requires a multi-faceted approach, including adhering to safety regulations, providing delivery drivers with the necessary education, and performing regular maintenance on delivery vehicles.
However, when delivery drivers and Amazon are negligent under the circumstances, they can be legally responsible for the accidents and injuries.
What are the Most Common Injuries in Amazon Delivery Truck Accidents?
Amazon delivery truck accidents can result in severe and often life-altering injuries due to the extreme size and weight differences between trucks and smaller vehicles. Common delivery truck accident injuries range from physical trauma to psychological distress and affect accident victims in numerous ways.
Some of the most common injuries include:
- Whiplash and neck injuries: Sudden stops or impacts in a truck accident can cause whiplash, or hyperextension of the accident victim’s neck. Consequently, the accident victim may experience extreme pain, stiffness, headaches, and sometimes severe cervical spine injuries.
- Back injuries: The force of a collision (especially a rear-end collision) may cause severe back injuries, including sprains, strains, herniated discs, vertebrae fractures, and even spinal cord injuries. These injuries can result in chronic pain and long-term mobility issues. Also, if an accident victim suffers a paralysis injury, they may be unable to move one or more body parts.
- Head injuries: Traumatic brain injuries (TBIs) are a significant concern in delivery truck accidents. Even with safety measures like airbags in place, the force of impact can cause concussions or more severe brain injuries, such as comas, which seriously affect cognitive functioning, memory, and overall well-being.
- Broken bones and fractures: The impact of a truck collision can lead to fractures and broken bones in various parts of the body. Legs, arms, and ribs are particularly vulnerable due to the force associated with a delivery truck accident.
- Internal injuries: Trauma from a delivery truck accident can cause debilitating internal injuries, such as organ damage or internal bleeding. These injuries may not be immediately apparent and may require prompt medical attention.
- Lacerations and muscular contusions: Flying debris, shattered glass, or contact with hard surfaces can cause cuts, bruises, and contusions in a delivery truck accident. These injuries may range from minor to severe, depending upon the specific accident circumstances.
- Post-Traumatic Stress Disorder (PTSD): In addition to severe physical injuries, emotional trauma is also prevalent in truck accidents. Survivors may develop PTSD, experiencing anxiety, nightmares, and flashbacks related to the traumatic event.
Recovering from truck-accident injuries often involves extensive medical treatment, rehabilitation, and, in some cases, ongoing care. Delivery truck accident victims may be eligible to pursue monetary compensation for their related medical expenses, lost income, and pain and suffering.
Seeking prompt medical attention after a truck accident is crucial, not only for immediate well-being but also for documenting injuries and supporting personal injury claims and lawsuits.
Who Can be Responsible for a Delivery Truck Accident?
When Amazon delivery drivers cause truck accidents, they can be responsible for the resulting consequences. Also, Amazon may share some or all blame for these accidents.
Truck drivers have a duty to obey all traffic laws and motor carrier regulations and to refrain from distracted and intoxicated driving. Similarly, Amazon is responsible for hiring and retaining only qualified drivers with clean driving records and who operate company vehicles safely.
When Amazon negligently hires or retains a driver with a poor driving record or prior DUIs on their record, they may share in the liability for any resulting accidents.
A skilled Amazon delivery truck accident attorney in your area can review your circumstances and determine your eligibility for filing a successful claim or lawsuit.
Your attorney can also identify all potentially responsible parties, including Amazon corporate, and file the necessary claim or lawsuit in your case.
How do I Prove that a Delivery Truck Driver was Negligent?
Delivery truck drivers for Amazon owe other motor vehicle operators a high legal duty of care. Specifically, they have a duty to obey all traffic regulations and drive their vehicles reasonably and safely. If a delivery truck driver violates this duty of care and causes an accident, they can be responsible for the consequences.
Sometimes, insurance companies dispute liability for an Amazon delivery truck accident.
For example, they might argue that the delivery driver was not negligent or that some other driver caused the accident and resulting injuries. In that situation, your attorney can retain a certified accident reconstructionist who can thoroughly investigate the circumstances surrounding your accident and determine that the Amazon driver was at fault.
In addition to drafting a favorable report regarding their findings, a certified accident reconstructionist may testify at a discovery deposition or serve as a witness at your civil jury trial or other litigation proceeding in your case.
Successfully Litigating an Amazon Delivery Truck Accident Case in Court
Delivery truck accident litigation involves a series of legal processes aimed at determining liability and seeking compensation for damages resulting from a delivery truck accident. The most critical steps in the litigation process include:
This process begins with a thorough investigation into the delivery truck accident and involves gathering important evidence, including accident reports, witness statements, photographs, and any available video surveillance footage.
Injury assessment is essential in Amazon delivery truck accident cases. An injured accident victim must undergo a comprehensive medical evaluation to document injuries. The accident victim’s attorney will also collect medical records, bills, and expert opinions to quantify the damages accurately.
Identifying responsible parties is an essential step at the beginning of litigation. Depending upon the circumstances, potential defendants may include the Amazon delivery truck driver, Amazon corporate, maintenance contractors, or even manufacturers if a parts defect caused or contributed to the collision.
Filing a Lawsuit:
If the parties cannot reach a settlement through ongoing negotiations, the injured accident victim may file a lawsuit against the responsible parties. This lawsuit will outline the claims and detail the negligent or wrongful acts that caused the delivery truck accident.
During the discovery stage of litigation, both parties will exchange relevant information. Interrogatories, depositions, and document requests are standard methods that the parties may use to obtain evidence and obtain additional information about the other side’s version of the case.
Retaining Expert Witnesses:
Lawyers may also engage with expert witnesses to provide professional opinions. Potential experts in a delivery truck accident case may include accident reconstruction specialists, trucking industry experts, or medical professionals to support the accident victim's claims and strengthen their case.
Negotiations and Settlement Attempts:
Throughout the litigation process, the parties will likely have several opportunities for ongoing negotiations and settlement. The parties may engage in discussions to reach an agreement outside of court.
However, if the parties cannot reach a fair settlement agreement, the case must proceed to a civil bench or jury trial, or the parties may pursue alternative dispute resolution (ADR), such as mediation or arbitration.
During a civil jury trial, both parties present their cases, and attorneys call witnesses for examination and cross-examination. The attorneys will also likely move to admit various pieces of documentary evidence, such as medical records, medical bills, and pertinent video footage of the accident. The trier-of-fact (such as the judge or jury) then assesses the merits of the case, and they reach a verdict.
Delivery truck accident litigation tends to be very complex and involves navigating various legal procedures. Engaging an experienced delivery truck accident attorney familiar with the nuances of truck accident cases is essential when maximizing your monetary compensation.
What Types of Monetary Damages Can I Recover for my Delivery Truck Accident Injuries?
In an Amazon delivery truck accident, victims may be eligible to recover various types and amounts of monetary damages, depending upon the circumstances of the accident and the resulting injuries.
Common types of economic damages in Amazon delivery truck accident cases include:
- Medical expenses (both past and future)
- Lost income
- Property damage
- Pain and suffering (including emotional distress and lost quality of life)
- Permanent disability or disfigurement
- Loss of spousal companionship and consortium
When a delivery truck driver or trucking company behaves particularly egregiously, accident victims can pursue punitive damages, which courts award to punish the wrongdoer and dissuade others from acting similarly.
Call an Experienced Delivery Truck Accident Attorney About Your Case Right Away
If you or someone you love suffered injuries in a recent Amazon delivery truck accident, you need to secure the legal help that you need right away.
An experienced personal injury attorney near you can file the appropriate insurance claim on your behalf, negotiate with insurance company representatives, and, if necessary, litigate your case to a prompt and favorable resolution in the state court system on your behalf.