How to Recover Compensation After an Amazon Truck Accident
So, it’s safe to say that wherever you find yourself in the U.S., including Chicago, you are likely to see an Amazon truck or delivery van every day.
Amazon drivers are always under pressure to deliver orders on time. Unfortunately, this rush sometimes leads to an avoidable accident.
Knowing how to recover compensation is important if you have been hurt in an Amazon truck accident. Getting a payout will help you pay for medical bills and other losses you may have suffered because of the accident.
Amazon’s Delivery Operations
Not all Amazon drivers are employed directly by the company. It is crucial to note this because the driver’s employment status will play a role in your personal injury case.Amazon drivers usually fall into one of three categories:
- Amazon Flex drivers: These are independent contractors who rely on their own vehicles to deliver packages.
- Delivery service partners (DSP): A DSP is a third-party company contracted by Amazon to handle specific deliveries.
- Amazon-owned trucks: Large or bulk deliveries are usually done via trucks owned by Amazon and operated by Amazon employees.
The variety of driver types can make an Amazon truck accident much more complex than it needs to be. This is why you should hire a lawyer as soon as you can after a truck accident.
What You Need to Do After an Accident
An Amazon truck accident can be devastating and cause a lot of injuries. If you can, call for emergency services immediately after the accident. You should check yourself and other involved persons for injuries. Also, move out of the way of oncoming traffic, if possible.If you are not seriously injured, try to get some photos of the Amazon vehicle, including the license plate and branding. You should also get the driver’s name, contact details, and insurance information. If people standing around may have seen what happened, ask them if they would be willing to provide a statement.
Once emergency services and the police arrive, provide only the facts about the accident. Refrain from apologizing or pointing fingers. If you do this, it may be used against you later.
When you have received medical treatment and are back home, report the accident to your insurance provider. You should also report the accident to Amazon.
Again, do not speculate about fault while talking to your insurer. It may also be valuable for your case if you speak to a lawyer before speaking to the insurer.
Who Is At Fault in an Amazon Truck Accident?
Liability in Amazon truck accidents is not always cut and dried. Depending on what happened before the accident, the blame could be on:- The Amazon driver: If Amazon employs the driver, who was speeding or distracted, they may be to blame entirely for the accident.
- The delivery service partner (DSP): If a third-party company employs the driver, that company could sometimes share liability.
- Amazon: If Amazon is found to have enforced unrealistic delivery schedules, the business could be liable for the accident.
- Other parties: Other drivers or vehicle manufacturers could be liable for the accident. Another driver may have been speeding or distracted, causing an accident that caused the Amazon driver to crash into you.
Filing a Compensation Claim
Determining who is at fault for the accident is important so you can file a claim against them. The best thing to do after an Amazon truck accident is to consult with an Amazon truck accident lawyer. Your lawyer will investigate the accident and its circumstances to identify the most likely liable parties.Moreover, your lawyer will know how to collect additional evidence. There may be dashcam footage or driver logs to examine. Delivery records can also help your lawyer establish liability.
Your lawyer will start negotiations with the liable party’s insurance company when this is done. The lawyer will send a demand letter noting all your damages and the requested settlement amount.
If the insurer refuses to settle, your lawyer will likely file an official lawsuit.
Damages You Can Sue For
There are several types of damages you can sue for after an Amazon truck accident. The most common types of damages include medical costs and lost income. You can claim ongoing treatment, surgery, and medication depending on how severe your injuries are.If you cannot work because of your injuries, you can claim compensation for lost income and loss of future earnings. Moreover, you can get compensated for paying to repair your vehicle and replace your damaged personal belongings.
If you suffer chronic or debilitating pain because of your injuries, you can include non-economic damages as part of your claim. This includes physical pain, emotional anguish, and things like loss of enjoyment of life.
You may be awarded punitive damages if the accident was severe and you suffered extensive damages. Remember that punitive damages are rarely awarded, so you must prove that the driver was especially reckless.
What Happens If Your Case Goes to Court?
If the insurance company refuses to agree to pay a settlement or tries to enforce a lowball offer, your lawyer will file a lawsuit. Sometimes, this may be enough for the insurer to commit to a full settlement.If not, your lawyer will represent you in court. This includes presenting evidence and more negotiations. Your case will likely be settled before a full-blown trial. But either way, your lawyer will be prepared for whatever happens.
It is crucial to hire an experienced lawyer to handle all the challenges that may arise during your case.
Recovering Compensation May Take a While
Keep in mind that your case will not be settled overnight. You should be prepared to wait for your settlement for at least a few months. However, with the help of an experienced lawyer, the wait time may be reduced.Do You Need An Attorney?
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