Walpole, MA Amazon Delivery Vehicle Accident Lawyer

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Amazon delivery services have become an everyday part of many people’s lives. However, the added convenience of fast deliveries has also led to an increase in vehicle accidents.

If you were injured by an Amazon driver, our lawyers can help you pursue compensation for your damages. These cases are often more complex than standard vehicle accidents, as you might not be able to file a lawsuit against every party. In most cases, Amazon has legal protections that prevent it from being sued. However, you will usually have several insurance options to use to cover your economic losses. If you suffered serious injuries in the accident, we can help you take your claim to the next level by filing a lawsuit for compensation insurance will not provide.

Reach out to the Law Office of John J. Sheehan at (617) 925-6407 for a free case evaluation with our Amazon delivery vehicle accident attorneys.

Who Can Potentially Be Sued for an Amazon Delivery Vehicle Accident in Walpole, MA

Accidents involving Amazon delivery drivers are more common than ever in Walpole as the company’s retail business has expanded. However, recovering compensation after an accident with an Amazon delivery driver can be challenging as you might not know who to hold accountable. Depending on how the accident occurred and the business relationships of the parties involved, several defendants could be named in your lawsuit. Our Amazon delivery vehicle accident attorneys can help identify every liable party so you can get full coverage for your losses. Some or all of the following could potentially be defendants in these cases in Walpole:

Flex Drivers

The first person to consider for liability is the delivery driver. Amazon also refers to them as “Flex” drivers. Since they are the ones making the deliveries and in control of the vehicle, they are the most likely to be directly at fault. While filing a lawsuit is always an option, it is not usually the first step to getting compensation.

Massachusetts is a “no-fault” state for car insurance purposes. This means that you can initially get some of your financial losses covered by your own insurance if you have Personal Injury Protection (PIP) coverage. The advantage of PIP insurance is that it will cover medical expenses and up to 75% of your lost income without you having to prove the Amazon driver’s negligence. However, it will not cover non-economic losses like pain and suffering and limits victims’ right to file a lawsuit.

The good news is that Amazon also offers insurance coverage in addition to your PIP coverage. Amazon Flex drivers are required to carry commercial auto insurance with policy limits of up to $1,000,000 in bodily injury coverage. If the driver was on duty when the accident occurred, our lawyers can help you file a claim with Amazon’s Flex insurance when we file your PIP claim.

Filing a lawsuit is a bit more complicated under no-fault insurance rules. In order to file a lawsuit to get pain and suffering damages and compensation for the losses PIP did not cover, you will need to meet one of the requirements under Mass. Gen. Laws Ch. 260, § 2A. For example, if your medical expenses exceed $2,000, you suffered broken bones or a loss of sight and hearing, or you sustained permanent or substantial disfigurement, you can file a lawsuit for an auto accident. Our team can review your case to determine your insurance options and whether we can also file a lawsuit.

Amazon

A common question after these types of accidents is whether you can sue Amazon directly for the Flex driver’s negligence. Unfortunately, Amazon’s business relationships with drivers and delivery partners typically shield it from liability and being sued in court. This is because the majority of Amazon delivery drivers are actually independent contractors, which is legally distinct from a regular employee. In theory, Amazon exercises little to no control over independent contractors; thus, it cannot be held liable for these drivers’ actions.

Many other drivers are employed by delivery companies that partner with Amazon, so they would be the party responsible for the driver who injured you. Our attorneys will review the evidence to determine the extent of Amazon’s influence on the driver’s behavior. If Amazon is providing real-time delivery instructions or controlling who is hired, we might be able to make the case that Amazon should be liable. However, it is more likely that we will sue the delivery partner in addition to the driver.

Delivery Partners

Delivery partners are essentially local and regional shipping companies that use their resources and drivers to complete deliveries for Amazon. Therefore, the driver might work for a completely different company even though they are wearing an Amazon uniform. Our team can help you identify the driver’s employer so they are also held accountable.

Unlike Amazon, delivery service partners can be held liable for the negligent acts of their employees under the legal principle of respondeat superior. According to this rule, you can sue the delivery partner even if they did not do anything to directly cause your injuries. As long as the delivery driver was performing their job duties when the accident occurred, the delivery partner can be sued. We will also look for evidence of negligent business practices, like hiring or retaining dangerous drivers.

Types of Evidence that Can Help Prove Your Amazon Delivery Vehicle Accident Claim in Walpole, MA

Evidence is crucial to winning an Amazon accident lawsuit. Our team can help you obtain the documentation you need, some of which will already be in your possession, while we can obtain other evidence from the defendants.

One of the most important pieces of evidence will be your testimony. It is impactful when you explain how the accident happened and the injuries you sustained. With your medical records backing you up, there will be no question as to the harm you have suffered. If any witnesses stopped during the accident, their testimony can also be used to back up your own. We can also arrange for experts to testify to explain complicated issues that often arise in lawsuits involving Amazon.

We can also demand relevant evidence in the defendant’s possession. Many Amazon delivery vehicles are equipped with surveillance cameras covering multiple angles of the truck. We can request this footage during litigation. This is often the best way to get to the truth of liability in the case. We will also demand company records that will show when vehicle inspections were done and what maintenance was performed. If records show that inspections were rarely done or a vehicle system was repaired before your accident, our team can determine if this contributed to causing it.