For any type of auto accident, determining who was liable for the crash is one of the first steps that both police and insurance companies will take. Assigning fault between two passenger vehicles is often relatively straightforward, but commercial vehicle crashes, such as Amazon delivery driver accidents, involve more complex liability questions. You can learn more about financial compensation after an accident involving an Amazon delivery vehicle by contacting the Arizona personal injury lawyer Chuck Franklin directly at 480-545-0700 today.
Filing a Car Accident Claim in Arizona
Arizona is a no-fault insurance state. Therefore, each driver’s insurance company is responsible for paying for the policyholder’s accident-related expenses, regardless of which driver was responsible for causing the crash. However, determining fault is still important, as Arizonafollows a principle called comparative negligence. According to this policy, the amount of available damages depends on the percentage of negligence assigned to each driver. For example, a driver who is deemed 60-percent negligent in an accident with $20,000 in damages would be entitled to seek 40 percent of the damages, or $8,000.
The no-fault and comparative negligence rules make Arizona car accident claims more complex than those in some other states. In cases where an injured driver’s personal injury protection does not cover the full extent of damages he or she faces, the driver may have the right to file a lawsuit to recover the remainder of the damages. An experienced Arizona accident lawyer can help with navigating the insurance process and with filing a personal injury lawsuit in some cases.
Who Can Be Held Liable for an Amazon Delivery Driver Accident?
Arizona auto accidents that involve commercial vehicles add another layer of complexity to the claims process. When an Amazon driver causes an accident that injures another driver, the injured party may have grounds for a lawsuit. Depending on the circumstances of the crash, liability could fall on the driver, the driver’s employer, or another third party.
Can Amazon Be Sued for a Delivery Vehicle Accident?
Directly taking legal action against Amazon for an accident caused by one of its drivers can be tricky because most Amazon delivery drivers are not legally considered employees of the company. Instead, Amazon usually hires drivers as independent contractors or outsources delivery services to third-party shipping and logistics companies. Therefore, it is difficult, but not impossible, to hold Amazon liable for injuries caused by one of its delivery drivers.
According to a report from Bloomberg News, Amazon Logistics was named as a defendant in at least 119 vehicle injury lawsuits in 2021. Some of these lawsuits argue that, even though third-party drivers are not legally considered Amazon employees, the company still maintains control over them. For example, one lawsuit accuses Amazon of recruiting and referring drivers to delivery companies, training those drivers on Amazon company property, and requiring drivers to wear Amazon uniforms and to use the Flex app, which monitors them during their shifts.
Driver Liability for Amazon Delivery Vehicle Accidents
An Amazon delivery driver who is responsible for causing a crash with injuries and property damage could potentially face personal liability for the victim’s damages. If the driver was an independent contractor, filing a lawsuit against Amazon or another third-party employer may not be an option. Individuals who have been injured by independent contractor delivery drivers may need to file a personal injury lawsuit directly against the driver if the insurance company has not provided adequate financial compensation for the damages.
Chuck Franklin can help you learn more about filing a lawsuit against an independent contractor following an accident involving an Amazon delivery driver .
Third-Party Delivery Company Liability
The majority of Amazon packages are delivered by third-party shipping companies that have contracts with Amazon. These third parties include major shipping companies like FedEx and DHL, as well as smaller operations. Some of the smaller companies work exclusively with Amazon deliveries. In commercial vehicle accidents, third parties like trucking companies and delivery companies can be held liable if the company’s negligence was a factor in the crash, according to the Florida Bar.
Some common forms of employer negligence in Amazon delivery driver accidents and other types of commercial vehicle accidents include:
- Negligently hiring a driver who was not fit for the position, such as a driver with a history of drunk driving offenses or multiple driving infractions
- Improperly maintaining the vehicle, such as failing to repair a deteriorating vehicle part
- Pressuring drivers to violate safe driving regulations, such as driving excessive hours
Damages Available in Amazon Vehicle Accident Claims
Individuals who have been injured in accidents involving other negligent drivers may be able to recover financial compensation for both the economic and non-economic damages they face. Specific damages that may be available in an insurance claim or personal injury lawsuit for an Amazon delivery driver accident include:
- Current and future medical expenses
- Lost wages for car accident victims who are unable to work due to their injuries
- Pain and suffering
- Costs of repairs to a damaged vehicle
- Compensation for loss of future earning potential for severe injuries that affect the victim’s ability to continue working
- Wrongful death damages for families of fatal Amazon vehicle crash victims
Learn More from an Experienced Arizona Accident Lawyer
People who have been injured in Amazon delivery driver accidents often require financial compensation for both financial and personal damages. However, seeking financial compensation in these cases can be more legally complex than with auto accidents involving two passenger vehicles. An experienced Arizona car accident lawyer can help people who have been injured in Amazon delivery crashes explore their legal options and take appropriate legal action to seek financial compensation based on the damages they face. If you or a loved one has been injured in an accident involving an Amazon delivery driver, Chuck Franklin answers his phone directly, and is here to help. Consider contacting Chuck Franklin today at (480-545-0700 to learn more about your legal rights and options during a free consultation.