Every time you look out the window, you may notice an Amazon delivery truck speeding down the roadway. While it is nice to have access to next-day delivery, this creates risks.
Victims of accidents involving these drivers may find it challenging to recover the damages owed to them, but a Richmond truck accident lawyer can help. At MartinWren, P.C., our Richmond Amazon truck accident lawyer can be reached 24/7 and is confident in handling these cases.
Call us today to put our combined 300 years of legal experience to work for you.
Factors that Make Amazon Truck Accidents More Challenging
If an Amazon truck driver strikes your vehicle, it does not seem like filing a claim should be difficult. Yet many of our clients come to us after frustrating experiences with the delivery service, often facing a wide range of complications. Consider a few of the most common obstacles in these cases.
- Sometimes Amazon’s involvement is not clear. You may find that the police crash report does not mention Amazon in any way. Only by investigating with an experienced attorney can you uncover in some cases that Amazon was involved in the crash.
- Amazon is a big company. They have deep pockets and significant financial ability to hire the best insurance adjusters out there. With so many truck drivers, they need to minimize any losses possible. There are likely many different Amazon entities that might be involved in any particular case.
- Proving the driver was at fault can be challenging. It may be hard to show the driver, and not you, was at fault for these accidents. But to the numerous cameras on board these trucks may help defeat any defense that tries to pin blame on your driving.
- There are complex liability issues and employment relationships at play. Amazon uses a variety of different relationships with employees, independent contractors, subsidiaries, and affiliate companies to hide their involvement and to shield their potential liability. Attorneys must understand this complexity.
- Insurance companies have much to lose. They will be aggressive at demonstrating preexisting conditions or minimizing your claims even if they do not outright deny your claim.
With our decades of experience, we know how to bring tough and compassionate legal representation to your fight. When you hire our Amazon truck accident lawyer in Richmond, you can expect us to fight tirelessly to prove your right to full and fair compensation. If our Richmond personal injury lawyer does not win your case, you owe us nothing.
For a legal consultation with a personal injury lawyer, call (434) 817-3100
Types of Amazon Vehicles and Delivery Services
You need an attorney who understands the various types of transportation services Amazon and its subsidiaries provide. Knowing and understanding how Amazon operates is critically important to be able to maximize the recovery in your case.
Amazon Freight is a shipping and logistics company that provides tractor trailers and other long-haul freight services. The Amazon Freight program offers services throughout the country, primarily in the eastern part of the United States.
Amazon Delivery Service Providers (DSPs) are Amazon’s last-mile delivery vans. These drivers use an Amazon-branded vehicle. But the drivers are often affiliated with a different company, which creates some difficult liability questions.
Another program is Amazon Relay, where Amazon hires motor carriers on a short-term basis. It is essentially an app where truck drivers and connected and able to haul loads.
The Amazon Flex program allows individuals to participate in the “Gig Economy” by signing up to use their own vehicles to deliver packages for Amazon. This raises a number of difficult issues, such as the expect that Amazon is liable, whose insurance should provide coverage for the injured party’s losses,
The difficulty with these cases is determining whether Amazon was involved in the first place. Many of these programs allow drivers to use their own vehicles. That makes Amazon’s involvement hidden when reviewing the police crash report.
Causes of Amazon Truck Accidents
Our Richmond Amazon truck accident attorney will work closely with you to fully understand what caused the accident. Some examples of common causes for these accidents include:
- Aggressive driving: This may include road rage or speeding, in which the Amazon truck driver put you at risk due to their aggressive actions. Given the speed and urgency with which Amazon is attempting to deliver packages, it is understandable that Amazon drivers may drive aggressively to meet the demands of their position.
- Lack of training: Not all Amazon truck drivers are employees, and some have limited training, which could make them more likely to cause an accident.
- Driver fatigue: These drivers are on the road for hours at a time, getting out of their cars and running up the driveway repeatedly. The Federal Motor Carrier Safety Regulations set forth hours of service regulations that must be followed. This limits the amount of time drivers can spend on the road. Failing to follow these rules can lead to driver fatigue and crashes.
- Speeding: Most Amazon truck drivers have extensive schedules to meet, and they could suffer consequences if they are late. That could lead to speeding.
- Mechanical failures: The truck owner may be responsible for any accident brought on by failed equipment, such as a tire or brake blowout.
- Poor loading: The cargo loading company or Amazon itself may be responsible in situations where the cargo causes the vehicle to topple or spill.
- Distracted driving: Not only must Amazon drivers meet tight deadlines, but they often must navigate unfamiliar areas. That’s why many drivers are connected to driver apps and other devices that may draw their attention away from the road.
These are some of the most common causes of Amazon truck accidents. If you are not sure what occurred in your case, we strongly encourage you to set up a free consultation with our legal team to discuss the incident.
Our Amazon truck accident attorney in Richmond at Martin Wren, P.C., can then go to work building a case after capturing all evidence in your case.
Richmond Amazon Truck Accident Lawyer Near Me (434) 817-3100
Determining Amazon Liability
Another important component in seeking compensation for your losses is determining if Amazon is responsible at all. Let our attorneys take a closer look at your case to determine if Amazon or the driver is responsible. There are a few factors to consider here.
If the driver is an employee of Amazon and Amazon owns the truck they are driving, chances are good that you can file a claim against the delivery company for the losses you suffered. Amazon’s liability insurance policies are robust. That means you will likely be able to recover all of your losses.
If the Amazon driver is an independent contractor with an Amazon Flex Delivery Job, Amazon still requires that driver to carry liability insurance.
However, the policy may not be as robust, and Amazon itself will aggressively claim that it is not be liable for additional losses. For this reason, we want to be sure we exhaust all opportunities to hold the company responsible.
You can expect that Amazon will always raise the “independent contractor” defense to any claim brought against it. Amazon will claim that the driver in question is an independent party and not an employee they control. Under established law, a company is responsible for employees who cause harm while those employees are in the “scope of employment.”
But the rules are different for independent contractors. Companies are generally not responsible for harms caused by independent contractors. For this reason, Amazon will have complex relationships and walls that will attempt to make drivers independent contractors. This will be a central issue in any Amazon case.
Potential Losses in an Amazon Truck Accident Case
You have the right to seek compensation for any financial losses you have in an Amazon truck accident case, though you must define those losses and show proof of them.
Once we prove Amazon or the driver is responsible, we will then build your case based on all applicable losses. Some examples of the types of damages you may be able to recover include:
- Medical expenses from your injuries, both past and future
- Ongoing medical costs associated with additional treatment or rehabilitation needs
- Property damage
- Lost wages and benefits from being unable to work
- Pain and suffering
- Emotional trauma and mental anguish, to include anxiety, depression, post traumatic stress disorder, and other psychological problems
- Disfigurement and any embarrassment
- Loss of earning capacity
For some cases where the truck driver acted especially recklessly or with conscious disregard of another’s rights, you might be able to recover punitive damages. Punitive damages are capped at $350,000 in Virginia, so you need a lawyer to make sure your request for punitive damages does not harm your claim for other damages.
Explore all of your legal rights by seeking out a free consultation. We will take a look at all ways in which this accident impacted you, including pain and loss, as well as long-term implications to your health, financial well-being, and relationships. You may have the right to pursue compensation for all of those losses.
If Your Family Member Died, Let Us Guide You
Our attorneys work with families of Amazon truck accident victims who died as a result of their injuries. Seek out the guidance of our experienced Richmond wrongful death lawyer to determine what your right to compensation for losses may be.
Wrongful death cases are much different than personal injury claims. The parties are different. Legal theories are much different. The damages that are available are different. The recipients of any award are different.
All of these things meant that you should find an attorney who is experienced in handling wrongful death claims. You also want someone with the combined ability to handle claims against Amazon.
Do not just settle with the company in such a critical situation.
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What Makes Us Unique For Handling Amazon Crash Cases?
Our law firm is different when it comes to handling truck and vehicle crash cases involving Amazon. Bob Byrne, MartinWren, P.C.’s lead trial lawyer, is the first and only attorney in Virginia who is board certified in truck accident law. Bob is keenly aware of the unique issues that arise in truck crash cases. Trucking law, after all, is a highly specialized and technical area of law. It requires deep knowledge, experience, and skill to understand.
We also have the resources available to identify and recognize when Amazon is behind a crash that occurred. We know the questions to ask, we have investigators that know where to look, and we will uncover that Amazon controlled the operations.
Being able to discover and show Amazon’s involvement could potentially change a relatively modest claim into a significant one.
Our firm has demonstrated experience handling big cases. We handle cases with significant damages that some firms lack the resources, manpower, and skills to handle.
The Prevalence of Amazon in Virginia
Amazon freight drivers may be driving tractor trailers across the state on Interstates 95, 81, and 64. These are major trucking corridors and are constantly used by freight and trucking companies like Amazon.
And that is why Amazon has built so many fulfillment centers, logistics centers, and warehouses near Virginia highways. These Amazon hubs are located in Fredericksburg, Fishersville, Richmond, Edinburg, Springfield, Waynesboro, Louisa, Sterling, Ashland, Petersburg, Virginia Beach, and Roanoke. These numerous locations guarantee that many Amazon drivers will be on all of Virginia’s roads and highways.
You need to have an attorney who is on the lookout for Amazon’s potential involvement in any given case. An attorney might not be able to discover Amazon’s involvement without filing a lawsuit, taking discovery, and taking depositions of the parties. If you have a case where your injuries and damages vastly exceed the available insurance, you must have an attorney who can dig to see if Amazon has responsibility.
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Schedule a Free Consultation with Our Richmond Amazon Truck Accident Lawyers Now
Turn to MartinWren, P.C. to discuss your case with our highly skilled and experienced legal team. With a Richmond Amazon truck accident lawyer by your side, you know your rights, and you know we will fight to recover your losses.
Our firm has Virginia’s first and only Board Certified attorney in Truck Accident Law. Do not wait to contact us for immediate help in your case.
Call (434) 817-3100 or complete a Case Evaluation form
