The first step in determining who is at fault for an accident with an Amazon delivery driver is to investigate the cause of the crash. Our Michigan City accident attorneys conduct a thorough accident investigation to determine how the collision occurred and which driver was responsible for the crash. If the Amazon delivery driver is at fault, the driver could be held liable for any injuries or damages caused by the crash.
One thing to understand about these Amazon delivery drivers is that they are not employees of Amazon. It appears that Amazon subcontracts the delivery to outside companies. Even though the name all over these vans and trucks say “Amazon”, the fleet of vans and trucks are owned by other companies. The actual company that owns the Vans may be responsible for the injuries caused by its driver, if the driver was working at the time of the accident.
The delivery company employed the driver;
The driver was working or on duty at the time of the crash; and,
The driver was engaged in normal working activities, such as traveling to or from a delivery.
In most of these cases, it is not difficult to prove that the company is responsible for the driver's negligence. Typically, we need to request copies of the driver's personnel file to prove that the driver was employed. However, proving that the driver was on duty and engaged in normal work activities could be more difficult.
For example, if the driver was not delivering goods and was in the middle of a personal errand or performing activities that were not part of the normal job duties, the company may take the position that it is not responsible for the driver's negligence.
A Michigan City car accident lawyer can help gather evidence to hold responsible all parties that are responsible for the delivery truck crash. Even if the driver was on a break or running an errand, if we can prove that the company was aware of the fact and approved use of the vehicle, the company could still responsible for the accident.
If you are involved in a car accident involving a delivery vehicle, treat the accident as you would any other motor vehicle accident:
Call 911to report the accident and request assistance.
Get the names and contact information of any witnesses to the crash.
If you are able, take photos of the vehicles and accident scene.
Get checked out at the hospital or doctor as soon as possible.
The Company that owns the Amazon delivery vehicle is required to carry insurance for the van, truck and drivers. The matters that I have been involved with are insured through Old Republic Insurance Company, which uses a third-party administrator Sedgwick to adjust its claims. Your claim can be opened by contacting Sedgwick.
Because these companies are large, filing a claim for injuries caused by a delivery truck driver is not a guarantee of payment. The insurance providers for the company may fight the claim. Instead of fighting the company alone, contact our Michigan City, Indiana accident and injury lawyer to discuss your legal options.
We can take care of all aspects of the claims process, including performing an accident investigation, gathering evidence, interviewing witnesses, talking to the police, filing an insurance claim, and pursuing full compensation for your damages and injuries. If you are unsure what to do after an accident with an Amazon delivery truck, call Guy DiMartino Law.
The Amazon delivery truck driver may try to blame you for causing the accident. This tactic is a common way to avoid liability or decrease the value of an Indiana car wreck claim. Under Indiana comparative fault law your compensation can be decreased by the percentage of fault assigned to you for the crash. You can lose your right to any compensation for damages if you are found to be 50 percent or more at fault for the cause of the crash. This is called modified comparative fault and it is the law of the land in Indiana.
Don't let the Amazon delivery driver or company blame you for causing a crash to lower the amount of money your claim is worth.
Before you accept a settlement after being injured in an accident with an Amazon delivery truck, contact Guy DiMartino Law.