Can I Sue for Being Hit by an Amazon Truck Driver in New York?
Car and truck accidents happen every day. In places like New York, where the streets are constantly crowded with vehicles, accidents are a fairly ordinary occurrence. Some accidents not only involve individual drivers but the companies they drive for. Delivery drivers spend their days on the roads making deliveries for their respective employers. One such employer is Amazon, which has delivery trucks all over New York. If you were hit by an Amazon delivery truck, you might be entitled to sue for compensation.
While you can likely file a personal injury lawsuit after being hit by an Amazon truck driver, you must consider a few important issues first. For one, you need to think about whom exactly you want to sue. After an accident with a delivery driver, you might sue the driver as an individual, the company they work for, or both. However, Amazon often hires drivers as independent contractors, and this arrangement may shield Amazon from legal action. You must also think about how the accident occurred. If you were partly to blame, you might still recover compensation, but it could be reduced.
If an Amazon truck driver hits you, you can potentially sue both the driver and Amazon for your injuries. However, an attorney is necessary to help you determine who your best defendant is. Call our Bronx truck accident lawyers for help with your case. Schedule a free legal consultation with our team at The Carrion Law Firm by calling (718) 841-0083.
Lawsuits for Accidents with Amazon Delivery Trucks in New York
If you were struck by an Amazon delivery truck, you may be able to sue the driver of that truck for your damages. Driving requires a driver’s full focus and attention. When a driver is distracted or otherwise behaving negligently, accidents can happen, and people can get hurt. You can use evidence, including traffic camera footage, photos, and witness testimony, to prove the driver of the Amazon truck was at fault for the accident.
Depending on how your accident occurred, you might be able to sue Amazon in addition to the driver. There are several ways in which you can hold Amazon responsible for the conduct of its employees. Respondeat superior is a legal principle which states that employers are responsible for the actions of an employee if those actions are performed in the line of duty. You may also sue Amazon for negligent hiring if the truck driver is someone who clearly should not have been hired to do their job.
Amazon hires thousands upon thousands of workers. However, not all the people working for Amazon are Amazon employees. Many delivery drivers work for Amazon as independent contractors. They could be freelance workers or work for a delivery service that has a contract with Amazon. It is crucial to know the driver’s employment status in your case because it may prevent you from taking action against Amazon.
You also need to think about how your own actions may have contributed to the accident. New York follows a rule of comparative negligence, meaning that your compensation will be reduced in proportion to your degree of responsibility for the accident. Your defendant may use this against you to try and get out of paying any compensation. Contact our Queens car accident lawyers for help.
Suing the Driver of an Amazon Delivery Truck After an Accident in New York
In any car or truck accident, the driver is always a possible defendant. No matter who they work for or why they were on the road, drivers are obligated to drive as a reasonably prudent person would under the same circumstances. For drivers of large vehicles like delivery trucks or vans, this responsibility is extra important, as larger vehicles can cause more catastrophic accidents.
Drivers can be held liable for negligence. A negligence action requires proving four important elements: duty, breach, causation, and damages. The driver’s duty is to drive in a reasonably prudent manner and avoid injuring others, and this duty is legally imposed upon all drivers. The breach of this duty occurs when the driver causes the accident by doing something wrong, such as running a red light or failing to stop at a crosswalk for pedestrians. Causation refers to the connection between the breach and your injuries, meaning your injuries must have come from the defendant’s actions. Finally, your damages must be real and not mere “what if’s.”
If you were involved in an accident with an Amazon delivery driver, you should be compensated for your injuries and your pain and suffering. Call our Brooklyn truck accident lawyers for help right away.
Lawsuits Against Amazon After Being Hit by a Delivery Driver in New York
It may be possible to sue Amazon for the actions and negligence of their delivery driver. There are two predominant methods of suing an employer for their behavior. First, you might be able to sue under the doctrine of Respondeat Superior. You might also have the option to sue under the legal theory of negligent hiring or negligent entrustment. Under this theory, you can sue Amazon if they should have known better than to hire the driver. For example, suppose the delivery driver struck you because they were driving drunk, and Amazon hired them as a driver even though they knew the driver had a history of DUIs. In that case, you can sue Amazon for negligent hiring.
However, perhaps in an effort to protect its deep pockets, Amazon frequently hires delivery drivers as independent contractors, thus shielding themselves from legal action. Under the above-mentioned legal theories, employers are responsible for the actions of employees. Under the law, independent contractors are not considered employees, and the people they work for are usually not responsible for their actions. This may mean you cannot sue Amazon because one of their delivery drivers hit you.
Call our Long Island car accident attorneys for a free legal consultation for help suing either the driver who hit you, Amazon, or other entities. If we cannot sue Amazon, we can help you explore other legal options.
Call Our New York Amazon Truck Accident Attorneys
If an Amazon delivery truck driver hits you, you might have multiple legal options for pursuing compensation. Our New York truck accident attorneys can help you plan the best legal strategy for your case. Call The Carrion Law Firm at (718) 841-0083 to schedule a free legal consultation.