In most cases, you can’t sue Amazon after an accident if the driver is an independent contractor. Likely the only situation where you could is if you can prove that the crash was a direct result of the company’s negligence.
If you’re unsure who you can sue after an Amazon truck accident, an Atlanta delivery truck accident lawyer from Van Sant Law can help you assign fault and liability and pursue the compensation you deserve.
When Can You Sue Amazon for an Accident With an Independent Contractor?
Suing Amazon after an accident with an independent contractor driver is only possible in some rare situations.
While Amazon usually claims zero liability because drivers belong to third-party Delivery Service Partners (DSPs) or are Amazon Flex workers, you can still sue Amazon if you prove that Amazon itself was negligent and that its negligence contributed to the accident or your injuries.
For instance, you may have grounds for a lawsuit if you can prove that Amazon is guilty of:
- Negligent hiring or vetting: Amazon failed to run a proper background check or hired a driver with a bad driving record or DUIs.
- Negligent supervision: Amazon kept a dangerous driver on the active app or route list despite known safety violations.
- Unrealistic quotas or schedules: Amazon’s routing tech or tight schedules forced the driver to speed or drive recklessly.
How Do You Prove Amazon Is At Fault?
To win a personal injury lawsuit against Amazon, you need evidence showing that the company owed you a legal duty, breached that duty, and caused your accident and resulting damages.
Evidence that may help establish Amazon’s negligence includes company records, delivery instructions, driver or contractor records, safety policies, communications, and evidence of Amazon’s knowledge of a safety problem.
For example, if Amazon knew a contractor had a serious safety issue and continued using that contractor, records showing what Amazon knew and when it knew it could help support a negligent hiring or retention claim. An Amazon delivery truck accident attorney from Van Sant Law can help gather evidence that supports your claim against Amazon.
What Happens If You Can’t Sue Amazon?
In most cases, you cannot sue Amazon directly if a delivery driver is classified as an independent contractor because the liability for driver negligence typically shifts to the individual driver.
In this scenario, you may be able to file a claim against the driver’s personal auto insurance policy or the commercial liability policy Amazon provides for contractors who are logged into the app and actively delivering packages.
If your damages exceed the limits of the driver’s personal policy, or if they were not actively making a delivery at the time of the crash, you may be able to pursue a personal injury lawsuit against them. Lastly, you may also be able to recover compensation through your own uninsured or underinsured motorist coverage.
The delivery truck accident lawyers at Van Sant Law can determine which insurance policies apply to your case and help you pursue the compensation you deserve.
How Long Do You Have to Sue After an Amazon Accident in Georgia?
In Georgia, you generally have two years from the date of an Amazon delivery accident to file a personal injury lawsuit. This deadline applies whether you are pursuing the driver, another delivery company, or Amazon itself.
If you don’t file a lawsuit before Georgia’s personal injury statute of limitations expires, you will likely forfeit the right to sue the at-fault party.
Exceptions may apply in some cases, such as those involving injured minors, a defendant who leaves the state, or a pending criminal investigation. An Amazon delivery truck accident lawyer from Van Sant Law can help make sure you file on time.
What Types of Damages Can You Recover?
You may recover compensation for many different types of damages after an Amazon delivery accident, including:
- Medical expenses: You can seek compensation for emergency treatment, hospital bills, medication, rehabilitation, and other accident-related medical care.
- Future medical costs: If your injuries require continuing treatment, you may be able to recover anticipated future medical expenses.
- Lost income: You can seek compensation for wages you lost while recovering from your injuries.
- Reduced earning capacity: A serious injury that affects your ability to work may support a claim for diminished future earning capacity.
- Pain and suffering: You could recover damages for physical pain and emotional distress caused by the accident.
- Property damage: You may recover the cost of repairing or replacing your vehicle and other damaged property.
- Punitive damages: If the at-fault party’s conduct was extremely reckless or intentional, you may be able to recover punitive damages.
A truck accident attorney from Van Sant Law can help make sure your settlement accounts for all of your losses.
Speak to a Delivery Truck Accident Attorney
Liability for an Amazon delivery accident can be confusing. If you were involved in a crash with an independent contractor, an experienced attorney from Van Sant Law can identify who is responsible for your damages and help pursue a fair settlement.
Book a free consultation to find out whether you have grounds to sue Amazon or another person or entity.
