Amazon Delivery Accident Claims
Amazon Delivery Accident Claims: Who Is Responsible?
Amazon is one of the largest companies in the world, delivering millions of orders to customers across the US every day. You’ve probably driven alongside its trucks and vans on West Virginia’s roadways many times. But what happens when an Amazon delivery vehicle causes an accident that injures you or a loved one? In short, it can get complicated quickly. Keep reading to learn more about Amazon delivery accident claims and who is responsible for compensating injury victims.
Why Amazon Delivery Accident Claims Are Complex
In a personal injury claim, the injured party must establish liability, proving who is responsible for the accident and resulting injuries and damages. This can be complicated in any case, but the way Amazon structures its business and delivery operations adds to the complexity.
Amazon has developed a huge logistics network to meet consumer demand. To limit its liability, the corporation works with smaller businesses and individual delivery drivers, who it classifies as independent contractors rather than employees, to deliver its goods.
These companies and individuals are required to maintain specific types and amounts of insurance coverage, whether they work with Amazon as a Delivery Service Partner (DSP), an Amazon Relay partner, or an Amazon Flex driver.
When Is Amazon Responsible for Delivery Driver Accidents?
Civil liability must be determined on a case-by-case basis by examining the facts of a claim. However, there are some situations in which it is more likely that Amazon would be held liable for damages resulting from a delivery driver accident:
- The driver was an Amazon employee and was acting within the scope of employment;
- Amazon was negligent in hiring the contractor;
- The accident resulted from direct instructions or orders given to a contractor by Amazon; or
- The injured party can prove that Amazon exerted a level of control over the driver that would classify the contractor as an employee.
Because every case is unique, accident victims should consult with an experienced delivery driver accident attorney who can evaluate the evidence and make recommendations specific to their cases.
The Importance of Establishing Cause and Fault
In a personal injury claim, it is critical to establish the cause or causes of the accident because this helps determine who is at fault (and, therefore, liable for damages). Possible causes of a delivery driver accident include:
- Driver fatigue, distraction, or intoxication;
- Reckless driving;
- Inadequate training;
- Improper vehicle loading;
- Faulty parts or poor vehicle maintenance; and
- Dangerous road conditions, like construction traffic hazards.
This is not a complete list, but it helps illustrate why cause is critical in determining liability in Amazon delivery accident claims. If the delivery driver is at fault, your attorney can review employer and contractor agreements and insurance policies, as well as other factors, to determine who is responsible for damages. In cases related to faulty parts, maintenance, or road conditions, a manufacturer, repair shop, or government agency could potentially be held liable.
Get Help with Amazon Delivery Accident Claims in WV
Amazon is a large, global corporation, and you can bet its attorneys will be well prepared to defend against liability and avoid paying damages if possible. Don’t try to go it alone. A delivery driver accident attorney at Burke, Schultz, Harman & Jenkinson can review your claim, help establish who is responsible, and fight for the compensation you need to recover.
We’re located in Martinsburg, WV, and serve clients in the Eastern Panhandle and across the Mountain State. We also represent clients in Hagerstown and surrounding areas in Maryland. Contact us to see how we can help with Amazon delivery accident claims by calling 304-263-0900 or completing our online contact form to schedule a free case evaluation.
