When car accidents happen involving Amazon delivery vehicles, our lawyers can help injured victims navigate the path to recovery.
Instead of hiring drivers directly, Amazon hires third-party delivery companies, whose employees then deliver packages on Amazon’s behalf. This largely shields Amazon from liability, though the third-party delivery companies could be financially responsible for accidents due to vicarious liability. In addition to confirming the driver’s employment status, we must also determine the cause of the accident. Crash reconstruction experts can assist with this, reviewing physical evidence from the scene, photographs, incident reports, and witness statements. Furthermore, we have to show you sustained serious injuries since New York is a no-fault state, so prioritize your medical care above all else after an accident. After organizing your medical records, eyewitness statements, and other evidence, we can file your lawsuit by the deadline, no later than three years from the crash’s date.
Call (718) 841-0083 to set up a free case assessment from The Carrion Law Firm’s Brooklyn, NY Amazon delivery vehicle accident lawyers.
What to Establish Following an Accident with an Amazon Delivery Vehicle in Crown Heights
Right after an accident with an Amazon delivery vehicle, our lawyers can confirm the driver’s employment status. We will also focus on determining the accident’s cause, which will help inform who we bring your compensation claim against. Also, before filing, we must establish that you pass the serious injury threshold for auto accident lawsuits in New York.
The Driver’s Employment Status
If an Amazon driver hit you, it could be under one of two circumstances. First, they could be a flex driver, an independent contractor contracted by Amazon directly. Or, they could be a regular employee of one of Amazon’s delivery service partners (DSPs). Amazon contracts third-party delivery companies, which use Amazon-branded vehicles to deliver packages. This means that the drivers you see operating Amazon vehicles are often not Amazon employees but employees of a DSP. By contracting out delivery services this way, Amazon shields itself from litigation for accidents.
Amazon also hires independent contractors directly as flex drivers. These individuals use their personal vehicles to deliver packages for Amazon and are not regular employees. Because of this, Amazon again cannot be vicariously liable for accidents involving drivers, this time because they are independent contractors.
While Amazon might not be liable because of the driver’s employment status, a DSP might be, again, provided the driver was hired as a regular employee, not an independent contractor.
The Accident’s Cause
Amazon delivery vehicles are relatively large compared to passenger cars, and because of their size, they might cause serious collisions or involve multiple vehicles in accidents. For example, suppose an Amazon driver is speeding and fails to slow down in time, rear-ending the car in front of them. The impact force due to the vehicle’s speed and size might initiate a multi-vehicle rear-end collision.
Even if an Amazon delivery vehicle was involved, another negligent driver could have caused them to react and strike you. Considering the potential liability of all parties is crucial, as this will inform who we seek damages against on your behalf. Accident reconstruction can do this while also eliminating potential contributing factors to the accident, like weather, road, and light conditions. We can also use accident reconstruction to undermine comparative fault defenses that could otherwise threaten victims’ recoveries in New York.
That You Pass the Serious Injury Threshold
Victims must pass the serious injury threshold to sue for all auto accidents in Crown Heights, including those involving Amazon delivery vehicles. Serious injury is defined in I.S.C. Law § 5102(d) and includes any that cause death, dismemberment, significant disfigurement, loss of a fetus, and fractures. Other injuries that meet the definition include harm to body systems, organs, and functions and some non-permanent injuries. If physicians certify that non-permanent injuries are disabling for at least 90 of the first 180 days following an accident, victims may file lawsuits for Amazon delivery vehicle accidents.
For victims to show serious injury, they need medical evidence, so make sure you go to the hospital and get emergency treatment after an accident. You should do this even if you feel uninjured. Victims might ignore pain or discomfort because of adrenaline and stress, and medical professionals can diagnose underlying injuries that could worsen if left untreated.
Statute of Limitations for Amazon Delivery Vehicle Accident Claims in Crown Heights
There is a time limit on how long victims have to prepare and file claims for Amazon vehicle accidents. Because of the time limitation and the complexities these claims often present, you should initiate your case immediately.
The statute of limitations for personal injury lawsuits, including auto accident lawsuits, is three years under C.V.P. Law § 214(5). Victims who do not file within the allotted window lose their opportunity to recover damages. Common hurdles to filing on time include difficulty recovering evidence, issues organizing proof of damages, and a victim’s need to focus on their physical health and recovery. Our attorneys can work on overcoming these hurdles early on in your case so that they do not delay our filing of your lawsuit.
If your claim involves the driver’s employer, a DSP, our Amazon delivery vehicle accident lawyers will seek to negotiate a high-paying settlement that covers all your damages. A settlement should cover victims’ medical damages and lost wages. Furthermore, good settlements should consider victims’ pain and suffering. While lump sum offers might seem large initially, our attorneys will carefully review them and compare offers to our damages calculations. We can leverage compelling evidence while negotiating to get the defendant to increase their offers to an appropriate amount, avoiding the need for trial and getting you the compensation you need.
Call Our Accident Lawyers in Crown Heights Today
Call (718) 841-0083 for help with your case from The Carrion Law Firm’s Amazon delivery vehicle accident lawyers.