Accidents involving an Amazon delivery vehicle can be complex when it comes to liability. The party that will be held liable will rely heavily on how the accident occurred. An Amazon driver is considered an independent contractor and therefore Amazon is often not the liable party when an accident occurs. It is also critical whether the driver was on delivery or if they were off-duty at the time the accident occurred. There are several parties that can be held liable and you will need a Philadelphia Amazon accident attorney to help determine who is responsible for these accidents.
How is liability determined?
There are various parties that are involved in liability issues after an accident. It will be your Philadelphia Amazon accident attorney’s job to find the correct party to hold accountable for your injuries and damages.
Delivery driver: Since drivers are constantly on the move and need to meet tight deadlines, they may be driving more recklessly than other vehicles on the road. If the driver’s negligent actions led to an accident, the driver can be held liable for the accident. Their insurance company may need to pay for your damages in some cases but your Philadelphia Amazon accident attorney will need to look at the full scope of the case to determine this.
Amazon: There are very few instances when Amazon can be held liable for an accident and this means that they own the truck and directly employ the driver. If both of these factors are true, you may be able to hold Amazon responsible for your injuries and damages.
Delivery truck owner: Amazon does not own all of the delivery vehicles that make deliveries on their behalf. This means that if an accident happened due to a maintenance issue on the truck, then the owner of the delivery truck may be the responsible party.
Delivery driver employer: Amazon uses third-party delivery services to hire delivery drivers. This means that the driver’s employer may be the party that should be held responsible for the accident. This can mean that the driver and their employer are both held liable.
Third-party delivery partners
While Amazon drivers are considered independent contractors, they are not contractors under Amazon. Instead, they primarily work under a third party referred to as Delivery Service Partner (DSP). This means that when an accident occurs, Amazon will claim they are not responsible because the fault and liability should be placed on the third-party small business that hires the drivers. This has allowed Amazon to avoid responsibility but for victims of these accidents, the insurance coverage from this small business is insufficient to cover their damages and expenses.
Steps to take after an accident
Not unlike any other accident, the first thing you will need to do is call law enforcement. They will document how the accident occurred and be able to assess damages and injuries. Emergency medical staff will also arrive on the scene and you should follow their directives. You will also need to contact a Philadelphia Amazon accident attorney to begin building a strong case.
If possible you will want to exchange information with the delivery driver. Many times, this information can be found on the accident report but you should also have due diligence to ensure you are able to build a strong case. You should obtain the license plate number, the driver’s name and contact information, as well as their insurance information.
You should also take photos of the accident as well as your injuries and any damage to your vehicle. The sooner this is done the better, as injuries can heal and scars fade. You may also want to keep a pain journal where you document all of your pain and medical treatment from a firsthand account. Once you have a treatment plan from your doctor, you will need to follow this to the letter as this is crucial to your case.
How an attorney can help
If you are involved in an accident with an Amazon delivery vehicle you will need to contact a Philadelphia Amazon accident attorney. Contact Kwartler Manus LLC today.