Who Is Responsible for My Injuries If An Amazon Driver Causes The Accident? It is legally mandatory for the driver’s insurance policy to cover any injuries caused in an accident. Amazon requires that Flex drivers have their own liability coverage and it must adhere to local or state delivery truck regulations.
Car and truck accidents happen every day. In places like New York, where the streets are constantly crowded with vehicles, accidents are a fairly ordinary occurrence. Some accidents not only involve individual drivers but the companies they drive for. Delivery drivers spend their days on the roads making deliveries for their respective employers. One such employer is Amazon, which has delivery trucks all over New York. If you were hit by an Amazon delivery truck, you might be entitled to sue for compensation.
While you can likely file a personal injury lawsuit after being hit by an Amazon truck driver, you must consider a few important issues first. For one, you need to think about whom exactly you want to sue. After an accident with a delivery driver, you might sue the driver as an individual, the company they work for, or both. However, Amazon often hires drivers as independent contractors, and this arrangement may shield Amazon from legal action. You must also think about how the accident occurred. If you were partly to blame, you might still recover compensation, but it could be reduced.
If an Amazon truck driver hits you, you can potentially sue both the driver and Amazon for your injuries.
It may be possible to sue Amazon for the actions and negligence of their delivery driver. There are two predominant methods of suing an employer for their behavior. First, you might be able to sue under the doctrine of Respondeat Superior. You might also have the option to sue under the legal theory of negligent hiring or negligent entrustment. Under this theory, you can sue Amazon if they should have known better than to hire the driver. For example, suppose the delivery driver struck you because they were driving drunk, and Amazon hired them as a driver even though they knew the driver had a history of DUIs. In that case, you can sue Amazon for negligent hiring.
However, perhaps in an effort to protect its deep pockets, Amazon frequently hires delivery drivers as independent contractors, thus shielding themselves from legal action. Under the above-mentioned legal theories, employers are responsible for the actions of employees. Under the law, independent contractors are not considered employees, and the people they work for are usually not responsible for their actions. This may mean you cannot sue Amazon because one of their delivery drivers hit you.
No matter who caused the accident, if you were injured due to the negligence of another driver, you have the legal right to make a claim. Some of the most common causes for commercial vehicle accidents are distracted driving, speeding, unsafe lane changes and impaired driving.
Contributed by: Ribowsky Law- Queens Personal Injury & Accident Lawyer, 109-12 Jamaica Ave, Richmond Hill, NY 11418.
