Attorney Michael L. SaileKnowing what to do after an accident with an Amazon truck can ensure your health and protect your rights to seek compensation. These incidents typically involve added layers of complexity and legal implications, with multiple potentially liable parties and overlapping insurance coverage.
If you or your loved one has been in a crash with an Amazon driver, do not wait to get the help you need. These cases take time to prepare properly, and the two-year filing deadline imposed by Pennsylvania’s statute of limitations can sneak up on you. Our dedicated truck accident attorneys at Cordisco & Saile LLC can investigate your case, identify the at-fault drivers, and seek full compensation for your losses.
Steps to Take After an Accident With an Amazon Truck
Taking prompt action in the aftermath of a wreck with an Amazon truck can help you protect your well-being and potential claim. The following steps can ensure your safety, protect your health, and preserve your rights:
Seek Medical Attention and Contact 911
The first and most important step after a truck or car wreck is to check for injuries on yourself and anyone else involved and contact medical authorities if needed. If possible, move your vehicle out of the way of oncoming traffic to avoid further collisions. You will also need to call 911 to report the incident. This will allow you to recover an official police report, which can help establish fault for your claim.
Exchange Info With the Amazon Delivery Person and Witnesses
Exchange insurance and contact information with the delivery driver. If there were any witnesses, get their contact information. Limit the conversation and do not apologize or otherwise admit fault. Anything you say could be used against you in your claim.
Thoroughly Document the Accident Scene
Take photos and videos of the accident, including pictures of the crash wreckage, vehicle damage, injuries, road conditions, and traffic signals and signs. Detailed evidence is necessary to build your claim against the responsible parties.
Notify Your Insurance Company—but Be Careful About What You Say
You must notify your insurance company about the incident to begin the claims process. However, remember that insurance companies are your adversaries in truck accident claims. Insurance companies are businesses driven by their bottom lines. Therefore, stick to the basic facts and never attempt to negotiate with an insurer without an attorney present. They could use your statements against you to assign fault and reduce your overall payout.
Keep Doctor’s Appointments and Follow Through on Treatment
It is essential to attend all doctors’ appointments after your accident. Keep records of these appointments to help establish the existence and extent of your injuries. Undergo any treatment prescribed by your doctor. Amazon and insurance companies will use any failure to follow through on treatment as evidence that your injuries are not substantial.
Avoid Posting on Social Media
Do not post about your accident online because this can undermine your claim. Insurers regularly comb through social media posts and can manipulate your statements to shift blame to you, minimize your injuries, and reduce your compensation.
Hire an Attorney Who Handles Amazon Truck Accidents
We always recommend partnering with a lawyer who understands Amazon truck accident cases. These skilled legal professionals will be able to navigate your case and thoroughly account for state laws and regulations that may impact your right to compensation.
Be Honest About the Facts of Your Case
It is crucial to be completely honest with your attorney about the details of what happened, including what you saw, how the crash occurred, and any injuries you sustained. Providing accurate information from the outset ensures a stronger case and prevents later issues, such as conflicting accounts or contrary evidence. Being truthful also allows your attorney to advocate for you effectively and avoid surprises during the claims process.
Get legal help from a team that will never stop fighting for you.
Amazon’s Delivery System and Associated Liability Issues
Amazon uses a multi-layered delivery system to handle the high volume of daily orders. It uses a combination of company-employed drivers, independent contractors through its Amazon Flex program, and third-party businesses known as Delivery Service Partners, or DSPs. Each method presents unique liability issues when a delivery vehicle is involved in an accident.
Amazon Flex Drivers and Independent Contractors
Amazon Flex drivers use their personal vehicles to deliver packages, similar to rideshare drivers. They are classified as independent contractors, not Amazon employees, meaning the following:
- The drivers are responsible for their own insurance coverage.
- Amazon typically denies direct liability for accidents caused by Flex drivers.
However, some courts have held that Flex Drivers are Amazon employees because the online retail giant maintains a high level of control over drivers’ schedules, routes, and delivery standards. Such findings could support liability against Amazon in some instances.
Delivery Service Partners
DSPs are separately owned businesses that contract with Amazon to deliver packages using branded vans and uniforms. The drivers are employees of the DSP, not Amazon. The DSP is usually the primary party responsible for any accident or negligence by its drivers. However, Amazon might still be held liable if it is proven that the company exerted substantial control over how deliveries were executed or negligently hired or retained a partner known for unsafe practices.
Amazon’s In-House Drivers
In some regions, Amazon employs its delivery drivers directly through its Amazon Logistics division. In these cases, Amazon is the employer and can be held directly liable for accidents under traditional respondeat superior rules, where employers are responsible for employees’ actions during the course and scope of their work.
The layered structure of Amazon’s delivery network can make determining liability challenging. In an accident claim against Amazon, a plaintiff must establish:
- Who employed the driver at the time of the accident
- Whether the driver was acting within the scope of their duties
- The level of control Amazon exercises over the driver’s operations
While Amazon often tries to shield itself from liability by distancing itself from Flex drivers and DSPs, courts have ruled that it may still be liable when:
- It exercises significant control over delivery operations
- It was negligent in hiring or supervising third-party drivers or partners
- It contributed to unsafe practices, such as imposing unrealistic delivery quotas that pressure drivers to act recklessly
Why You Should Hire Cordisco & Saile After an Amazon Truck Accident
If you have been in an accident with an Amazon truck, you need to act quickly and work with a seasoned legal professional. At Cordisco & Saile LLC, we have served our Pennsylvania communities for decades, providing local, personalized representation. We have in-depth knowledge of the state’s laws and never stop fighting for our clients.
Contact us today for a free, no-obligation consultation.
Serving as a personal injury attorney in Pennsylvania, Michael Saile has been honored as both a Brain Injury Top 25 Lawyer by National Trial Lawyers and a 2024 Super Lawyer. He earned his J. D. at Widener University School of Law where he was a member of the Moe Levine Trial Advocacy Honor Society. Saile is also the author of two publications titled “Not Another Bad Lawyer” and “Don’t Crash Again”.
