FVF Law is a values driven law firm.

Can You Sue Amazon for a Car Accident?

Amazon is the largest e-retailer in the United States, with $469.8 billion in net sales in 2021. In 2020, Amazon Logistics, the company arm responsible for deliveries, delivered 4.2 billion parcels. Each of these parcels needs a driver to get the purchase to a customer, and some reports have claimed that a focus on fast deliveries may create conditions that allow collisions to happen. In one lawsuit, for instance, a delivery driver alleged drivers are not allowed to “take bathroom breaks while you’re on the road going to and from the customer’s house.”

One challenge with any Amazon truck accident or car collision is that the company does not hire drivers directly. Instead, it works with Amazon Delivery Service Partners (DSPs), contractors who themselves hire drivers. While the drivers for DSPs may wear Amazon-branded clothing or even drive vehicles with Amazon-branded signs, this makes drivers essentially self-employed, which makes lawsuits against Amazon, Amazon Logistics, or its drivers challenging.

Amazon has reiterated its commitment to safe driving and has denied liability for car collisions involving Amazon drivers and DSPs. Amazon spokeswoman Maria Boschetti has stated, “we’re committed to driver safety and have continued to invest in new state-of-the-art technologies to ensure DSPs have the tools they need to foster a culture of safety with their teams and instill safe driving behaviors on road.”

How Commonly Do Amazon Truck Accidents Happen?

Unfortunately, despite Amazon’s statements, car accidents involving Amazon delivery trucks are not only high, but they may be on the rise. A report compiled by Bloomberg found that between January and November 2021, 119 lawsuits were filed against Amazon Logistics, a four-fold increase over 2020. This number does not take into account accidents that did not result in lawsuits or lawsuits filed against contractors or other arms of the company.

When Can You Sue for an Amazon Car Accident?

Under Texas law, you can sue Amazon Logistics, Amazon, or its contractors if you have been injured by the negligent actions of Amazon or a DSP driver. You need to be able to prove that Amazon was liable and that your injuries caused losses, such as lost wages or medical bills.

The challenge is that Amazon is a large corporation and has been denying liability in car accident cases. Current lawsuits before the courts are looking at the close ways Amazon controls deliveries by DSPs, even sending texts when drivers fall behind schedules or requiring drivers to take specific toll roads.

Attorneys have argued that such control suggests Amazon, whether it hires contractors or not, controls the operations from afar and is liable. The courts will decide on this and other arguments currently being explored.

What Are Some Reasons to Sue for an Amazon Truck Accident?

Being in a car accident with an Amazon delivery vehicle can be life-changing. Drivers, car passengers, and pedestrians impacted by Amazon car accidents may suffer serious injuries, including:

  • Head trauma
  • Amputations
  • Broken bones
  • Facial injuries
  • Soft tissue injuries
  • Back injuries
  • Fatalities

Any serious injury can result in severe pain and suffering as well as financial loss. You may need to pay for visits to a specialist, surgery, hospital stays, medication, physical therapy, and other medical expenses. If your injury is permanent, you may need special care and ongoing treatment for the rest of your life.

Additionally, a serious injury can mean you lose income because you cannot work or might not even be able to return to a physically demanding job because of an ongoing injury. A collision with an Amazon delivery truck can mean additional costs when it comes to car damage and property damage.

Filing a lawsuit can allow you to pursue recovery so you don’t have to pay for these costs yourself. For some survivors of traffic accidents, pursuing a lawsuit can also be a way to hold Amazon and other liable parties accountable for practices that may have led to injuries.

How Do You Go About Filing a Claim?

If you wish to file a lawsuit against Amazon, it is best to first arm yourself with knowledge about the law and how it may apply to your case. At FVF, we offer no-pressure, no-cost consultations which are designed to give you information relevant to your specific situation. Through a consultation, you may get insights that allow you to make an informed decision about filing a claim.

If you choose to file a claim and work with FVF, our attorneys and legal team will start the process by gathering information from you about your accident, your injuries, your medical treatment, and more. Our team will seek out the liable parties in your case, which may include Amazon. We will also take care of the process of filing the claim, officially launching the lawsuit.

What’s Involved in the Legal Process?

The process of filing a lawsuit against Amazon for a car accident begins with filing a summons against Amazon and any other at-fault party with the appropriate Texas court. Your attorney will take care of this step, which gives each party a chance to respond to the lawsuit. Once the paperwork has been filed and the parties have had a chance to respond, the process includes:

  • Discovery, or the process by which parties in the case gather and exchange relevant information about the case.
  • Mediation, during which both parties try to reach an agreement about recovery without going to trial.
  • Trial, during which the courts will decide on recovery.

At any point before the trial, the defendants may make an offer to settle out of court. You will want to review any such offers with your attorney, since once you accept an offer the lawsuit process will stop, and you will not be able to seek additional recovery. If negotiations do not work and your case does go to trial, you can expect the process to take months or even over a year.

How Can an Attorney Like FVF Help?

If you have been injured in a car accident with an Amazon delivery driver and want to file a lawsuit against the company, you need an experienced attorney. Amazon’s extensive legal department will do everything in its considerable power to avoid liability, and so will the contractor hired by Amazon. An experienced attorney at FVF will gather the strongest evidence possible and pursue financial recovery for your losses.

At FVF, our experienced and values-driven legal team offers free, no-commitment case consultations because we want to empower you with information about your options and rights, so you can make the best decision for yourself and your future.

We have found that providing a high caliber of education to the clients we work with helps our clients seek the recovery they deserve. We’ve used our experience to successfully help others injured in car accidents and truck accidents. To find out more about your rights and how we may be able to work together, reach out to us at FVF to discuss your situation at no cost.

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FVF

Fogelman & Von Flatern is a personal injury law firm that believes it matters why we practice law: to make sure good people in unfair circumstances who want reasonable options are taken seriously, especially by their attorney. We value transparency, compassion, and justice, and we strive to embody that in our practice. At FVF, you can trust that you've got the best people on your case, for the right reasons.

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