Amazon trucks seem to be everywhere you look, especially in residential areas like Brookhaven. The sheer number of Amazon trucks on the road increases the chances that they will be involved in accidents that cause injury to victims.
Because Amazon shields itself from liability by hiring independent contractors and outsourcing deliveries through its partner program, it cannot be sued for accidents involving one of its trucks in Brookhaven. Causes of accidents vary, but Brookhaven’s suburban area makes accidents on residential streets more common. Regardless of an accident’s cause, victims will have just three years to bring a claim against a negligent Amazon delivery truck driver. In order to sue, you must meet New York’s serious injury threshold, which reserves litigation for auto accidents for specific victims.
To have a free and confidential discussion of your case with our Brookhaven Amazon delivery truck accident lawyers, call The Carrion Law Firm today at (631) 910-7493.
Liable Parties in a Brookhaven Amazon Delivery Truck Accident
Figuring out liability in Amazon delivery truck crashes can be confusing, especially since Amazon has mechanisms in place to evade liability for accidents involving their vehicles.
When determining liability for your recent incident in Brookhaven, our Amazon delivery truck accident lawyers will most likely be able to rule out Amazon itself right away. To many victims’ dismay, Amazon is generally not liable for accidents involving delivery truck drivers as they are not direct employees of the company. They are either flex drivers, meaning they are independent contractors, or they are employed by a member of Amazon’s delivery service partner (DSP) program. Neither flex drivers nor DSP drivers are employed by Amazon directly, so the company itself is not responsible for any negligent acts drivers engage in when they are delivering packages, even if it is on Amazon’s behalf.
You will be able to identify a flex worker from a DSP driver based on the vehicle they drive. An Amazon flex driver uses their own car to deliver packages, while a DSP driver uses an Amazon truck. If a DSP driver in Brookhaven injured you, you can sue them as well as the company that employs them. If an independent contractor flex driver hurt you, you can sue them as well.
Types of Amazon Delivery Truck Crashes in Brookhaven
Types of Amazon truck accidents, and their causes, vary in Brookhaven. Even if involved in an accident, an Amazon delivery truck driver might not be solely to blame for a victim’s damages.
Accidents might happen if an Amazon truck speeds down a residential street when a worker is delivering packages. Brookhaven is a suburban-like town home to many families and young children, meaning speeding through the area’s neighborhoods presents a considerable risk of injury to victims.
While driving for Amazon, drivers might change lanes without checking their blind spots, causing them to strike another car on the road. Amazon trucks are relatively large vehicles, meaning they have larger blind spots than passenger cars.
If drivers are overworked and are driving Amazon trucks while fatigued, they might nod off at the wheel or be unable to respond quickly to hazards on the road, causing an accident.
Time to Bring a Claim Against an Amazon Delivery Truck Driver
If you plan on filing a lawsuit following an accident involving an Amazon delivery truck in Brookhaven, you will only have a certain amount of time to do so.
For all personal injury claims, including those arising out of auto accidents, victims have three years to sue in New York. Because most injuries from auto accidents are immediately apparent, or at least become clear within several weeks of a crash, tolling for delayed discovery does not typically apply to truck accident claims in Brookhaven. If you fail to file your claim before the deadline, you cannot pursue litigation.
Although you will most likely not be filing your claim against a powerful company like Amazon, that does not mean that it will not take time to build your case. Regardless of who the defendant is, it is necessary to investigate an accident thoroughly and unearth substantial proof of fault so that the victim can recover compensation. This means that waiting until the statute of limitations has almost run out to sue may not be wise for victims.
Amazon Delivery Truck Accident Claims and the Serious Injury Threshold in Brookhaven
Your eligibility to bring a lawsuit following an accident caused by the driver of an Amazon delivery truck will be based on the severity of your injuries.
All drivers in Brookhaven must have personal injury protection (PIP) insurance. This coverage exists to compensate victims for their damages, regardless of who is to blame for an accident. Even if a person does not drive themselves, they will most likely be covered by a policy owned by a member of their household. This no-fault system limits the ability to file lawsuits to only victims with serious injuries.
Serious injuries include death, loss of a fetus, dismemberment, disfiguration, and non-permanent injuries that prevent a victim from engaging in daily tasks for at least 90 of the first 180 days of their recovery, among other injuries, according to I.S.C. Law § 5102(d). If you meet the serious injury threshold, you can sue for economic and non-economic damages in Brookhaven.
If a victim does not meet the serious injury threshold and their PIP does not fully cover their damages, they may be able to bring a claim with Amazon’s commercial auto liability insurance that is provided to its drivers. This insurance covers up to $1 million in damages, which might be enough to cover the cost of your physical injuries and other expenses following an accident involving an Amazon delivery truck in Brookhaven.
Get Compensation After an Amazon Delivery Truck Accident
To schedule a free case evaluation with the Amazon delivery truck accident lawyers at The Carrion Law Firm, call us now at (631) 910-7493.