What Should I Do If I Am Hit By An Amazon Driver?Last updated on: February 26, 2020
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Amazon is a company that needs no introduction. With its thousands of employees and a multitude of services, Amazon has surged to become one of the most powerful and profitable companies in the world. Although Amazon may provide useful services to many, the company is also responsible for causing a variety of accidents.
If you are interested in filing a claim against Amazon or would like to learn more about the claim-filing process, call Zinda Law Group at (512) 246-2224 to receive a free case evaluation with one of our personal injury attorneys.
WHAT ARE MY OPTIONS AFTER AN ACCIDENT WITH AMAZON?
There are several options available after being hit by an Amazon delivery driver.
First, slight fender benders may not result in any bodily injuries. In these cases, the victim has the option of talking to the at-fault party in order to try to settle the dispute without getting any insurance companies involved.
Second, although some accidents do not result in injury, many car accidents do. Even slight collisions may cause temporary or prolonged injury. In such scenarios, the victim has the option of filing an insurance claim.
If the at-fault party is insured, the victim may try to file a claim with the at-fault party’s insurance carrier. When necessary, the victim of an accident may also pursue legal action against the at-fault party or the at-fault party’s insurance carrier.
Do I Need a Lawyer?
An experienced car accident lawyer may help you seek compensation and protect your rights following an accident with Amazon. Personal injury lawyers may also be very helpful in cases where you are unsure of what your rights are. Plus, having a lawyer in your corner may help to clarify confusing or frustrating parts of the claim settlement process.
In order to determine whether you need a lawyer following an accident with Amazon, it is important for you to ask yourself these important questions:
• How serious are my injuries?
• Have I been contacted by an insurance company?
• Am I familiar or comfortable with handling the claim filing process?
• Do I feel like I can adequately protect my rights?
Broadly speaking, if the accident resulted in an injury that led to surgery, intensive professional medical treatment, an extended hospital stay, or missed time from work, then you should consider hiring a personal injury lawyer.
If hired, a personal injury attorney will work on your behalf to protect your rights. Part of this responsibility involves communicating with insurance companies on your behalf. In the course of representing you, a personal injury lawyer will collect valuable evidence and use that during the legal process. If necessary, a personal injury lawyer may file a formal lawsuit against the necessary parties and advocate on your behalf in front of a judge and jury.
FILING A CLAIM AGAINST AMAZON
1. Contact an Injury Attorney
If you wish to file a personal injury lawsuit against a company such as Amazon, you should first contact an accident lawyer. Because company automobile accidents often involve several legal issues, you should seek consultation from a personal injury attorney before making any important decisions. After contacting an attorney, the attorney may speak with you in person or over the phone to gather all the facts and circumstances of your case. Afterward, the attorney may initiate the formal process of filing a personal injury lawsuit.
After reaching out to an attorney, the next step is the investigation phase. During this phase, your attorney may conduct a thorough investigation into the matter. For instance, the attorney interviews witnesses and at-fault parties, review company logs, and search for any other helpful materials. The investigation phase involves calculating the amount of your damages, such as medical bills, lost wages, and property damage.
3. Negotiation and Case Settlement
Next, negotiation is a cornerstone of the claim filing and case settlement process. At some point in the claim filing process, Amazon’s insurance carrier will attempt to settle your claim. Settlement consists of back-and-forth negotiations between your attorney and the insurance company. During this process, your attorney advocates on your behalf in order to persuade the insurance company that your claim is worth more than what the insurance company claims. If the insurance company refuses to pay an amount that is fair or satisfactory to you, it may be necessary to litigate your claim in court.
What is Amazon Flex?
Amazon Flex is an Amazon service that uses on-demand contract drivers to help deliver packages. Much like Uber or GrubHub, Amazon hires individuals as independent contractors to help the company meet its shipping demands. Amazon Flex is currently available in most large cities in the United States, including Denver, Los Angeles, New York City, and Houston.
Just like everyone else, Amazon Flex drivers make mistakes behind the wheel. For instance, a Flex driver may run a stop sign or tailgate another vehicle. Thus, it is important to know what options are available to you following an accident with an Amazon Flex driver.
Like all other delivery services, Amazon must provide their Flex drivers with insurance coverage. If you have been involved in a car accident that was caused by an Amazon Flex driver and wish to file a claim, follow the steps outlined above. After contacting an attorney, the attorney will contact the appropriate Amazon Flex representatives and inform them of the accident.
AMAZON DELIVERY DANGERS
Given the sheer size of Amazon, it should come as no surprise that the company has been involved in various accidents. The severity of these accidents ranges from minor injuries to death. For instance, in January of 2019, a 9-month-old girl was killed in Maine after a truck driver carrying Amazon packages crashed into the back of the family’s vehicle. Other severe accidents have occurred in states across the country.
Although Amazon has defended itself by claiming that drivers are independent contractors rather than company employees, evidence suggests that Amazon retains enough control over its drivers to be held liable for the accidents caused. If you wish to report an Amazon driver for any reason, call the Amazon On-Road Incident Emergency Hotline. If there is an emergency, do not hesitate to contact 911.
Finally, consider reaching out to an accident attorney before providing Amazon with any information or details regarding an accident.
If you file a claim against Amazon, the at-fault party or the insurance carrier who covers the at-fault party faces the possibility of having to compensate the victim for their suffering. This compensation, known as “damages,” comes in two primary forms: Damages and non-economic damages.
Economic damages refer to financial losses that can be calculated. In cases where a person is injured by an Amazon truck driver, economic damages may include compensation for things such as:
• Medical bills
• Rehabilitation costs
• Lost income (present and future)
• Loss of earning capacity
• Property damage
On the other hand, non-economic damages refer to losses that cannot be calculated. Non-economic damages are subjectively evaluated by a jury in a lawsuit. In cases where a person is injured by an Amazon truck driver, non-economic damages may include compensation for things such as:
• Pain and suffering
• Emotional distress
• Loss of consortium
Additionally, courts award punitive damages in a company truck accident case. This form of damages is not awarded in order to compensate the victim for harm suffered. Instead, punitive damages punish the at-fault party for especially reckless, egregious, or intentional conduct. Whether a court is willing to award punitive damages depends on several factors, such as jurisdiction and the severity of the case.
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GET HELP FROM THE ACCIDENT LAWYERS AT ZINDA LAW GROUP
At Zinda Law Group, our automobile accident attorneys have the experience and expertise needed to assist you in case of an accident. Our firm is ready to provide you with the knowledge and resources necessary to help you after a wreck.
Meetings with attorneys are by appointment only.