Can you sue Amazon if a delivery driver hits your car? While there are many cases where you can sue Amazon directly, there may be other parties at fault.
Amazon often uses third-party delivery services, so although they may have Amazon-branded trucks, the third party or possibly even the driver may actually be liable. An Arlington truck accident lawyer can help you sort through complicated liability, so you know the proper party to sue.
Before You Can Sue, You Must Build Your Case
One of the best things you can do for yourself before you sue Amazon if a delivery driver hits your car is speak with an attorney. An attorney understands the laws and nuances regarding these incidents and can help you build the strongest possible case.
Other ways to help can include:
- Documenting the scene
- Gathering witness information
- Seeking prompt medical care
- Call the police and file a formal police report.
- Tracking all medically related expenses
- Keeping receipts for any damaged property you have had to repair, or gathering estimates on the cost
- Avoid signing any documents, speculating who is to blame, or making any formal statements without first speaking to your attorney
A knowledgeable lawyer understands how to present a strong case, securing the highest settlement offer for your suffering. The sooner you contact an attorney, the sooner they can offer guidance on what you can do to help your case while they handle the legal work.
Amazon Has A Complex Liability Structure
If an Amazon delivery driver hits your car, liability is not always black and white. Texas abides by a modified comparative negligence system, which means that as long as you are 50% or less at fault, you may be able to recover damages (Sec. 33.002). In addition, Amazon drivers are not always Amazon employees, complicating things.
Direct Amazon Employees
If the driver was employed directly by Amazon, then it is much more likely that Amazon will be financially responsible. If Amazon had direct control over hiring, training, and scheduling, the chances that they are financially responsible are higher.
Third-Party Delivery Company
Amazon often contracts third-party services to handle deliveries. These drivers are often hired, trained, and dispatched by the contracted company. If this is the case, the third party will generally be held liable, as they are responsible for the driver.
Independent Contractors
Some delivery drivers are legally considered independent contractors. This can blur the line between whether or not Amazon would be liable in the event of an accident. Generally, these drivers are called Flex drivers. There is debate as to whether or not these drivers should be considered employees, but as of now, they are not.
When determining if you can sue Amazon if you are hit by one of their delivery drivers, your Arlington car accident lawyer will look at who employs the driver as a starting point for determining liability. Regardless of employment status, Amazon’s control over routes and scheduling can have an effect on who is considered liable.
Exploring Whether Or Not You Can Sue Amazon If A Delivery Driver Hits Your Car
Once you understand the different parties that may be financially liable for your accident, it is important that you understand if and when Amazon may be involved, regardless of the driver’s employment status. There are a few questions you may ask to determine this:
- Was the driver directly employed by Amazon?
- Was the driver acting within the scope of Amazon delivery duties?
- Did Amazon exert control over the driver?
- Who dispatched the driver?
- Did lack of vehicle maintenance contribute to the accident?
- Was there a lack of training associated with the accident?
- Did pressure from Amazon contribute to negligence from the driver?
- Did Amazon’s policy contribute to the outcome of the accident?
These are just some of the questions that your attorney may factor in when determining whether or not to sue Amazon directly if a delivery driver hits your car.
Amazon is a large corporation with a strong legal defense team, so it is crucial that each decision is calculated when it comes to litigation.
Steps to Take After You’ve Been Hit
Immediately after an accident with a delivery driver, there are a few steps you can take to help build your case while you work with your attorney to determine if you can sue Amazon if one of their delivery drivers hits your car.
- Seek prompt medical care
- Call the police to file a report
- Document the scene with photographs and videos
- Collect witness information
- Record any details about the scene
- Contact an Arlington personal injury lawyer
The steps you take immediately following an accident can mean the difference between a minimal settlement and full compensation for your injuries.
The more diligent you are with documentation directly after you’ve been hit, the better your attorney can understand who is liable.
You May Be Entitled to More Than You Think
If you have been hit by an Amazon delivery truck, you may be dealing with painful injuries, loss of employment, or property damage.
Whether you pursue Amazon directly for these damages or one of its contractors, there are several potential items for which you may be owed compensation:
- Medical bill reimbursement
- Future medical costs for ongoing treatment
- Property damage
- Lost wages
- Loss of future earning potential if your injuries will affect your ability to work long term
- Pain and suffering
Keeping records of all expenses related to your case is essential when it comes to ensuring you are fully compensated for everything you have endured, regardless of whether it is Amazon directly or one of its partners who is financially liable for your accident.
We Don’t Just Bark – We Bite
When facing a large, international conglomerate such as Amazon, you need an attorney who understands Texas law.
At The Texas Law Dog, we understand what it takes to go up against these corporations, and whether or not to sue Amazon if their delivery driver hits your car. Our team is ready to fight for the compensation and justice you deserve.
