On any given day, you might see a large presence of Amazon delivery trucks on the roads. Amazon’s same-day and two-day delivery options have become increasingly popular among consumers who crave convenience and speedy delivery. The company has increased its delivery fleet to keep up with the demand.
But that has not always had a positive outcome on the roads. According to one report from the Wall Street Journal, Amazon drivers have been known to engage in unsafe practices, often leaving crash victims with devastating injuries.
What are victims rights after an Amazon truck accident? We’ll explain all of those details in this blog.
Amazon Makes It Difficult to File Claims
According to Bloomberg, Amazon was a defendant in 119 motor vehicle lawsuits in over 35 states in 2022. The company often tries to shift blame, citing that these accidents are the fault of third-party contractors.
Amazon has a dedicated legal department skilled in minimizing, delaying, and complicating compensation claims. In many cases, that can put accident victims at a disadvantage when seeking compensation for their injuries.
Despite that, you still have the right to pursue these claims.
Victims’ Rights After an Accident
When it comes time to make a claim, the other party’s legal team may try to employ a few tactics to dissuade you from pursuing any legal action. However, you have protected rights, from seeking medical treatment to filing a lawsuit.
Never let the other legal team try to infringe on these rights. For that reason, we always recommend reaching out to an experienced legal team, like us at Frost Law Firm, PC, so you can protect your interests and seek the best settlement in your favor.
Let’s examine all the rights you have after a collision with an Amazon delivery truck.
Right to Medical Care and Treatment
If you have been injured, you have the right to seek medical treatment at the scene of the accident and continue treatment for all injuries. Always follow the medical orders from your healthcare professionals. Sometimes, other parties may try to stop you from seeking additional treatment. Insurance adjusters are not medical professionals. Stick to your treatment plan and document all visits, surgeries, medications, and other related costs for the injury.
Right to Report the Incident and Gather Evidence
At the scene of the accident, the Amazon driver may not want to call law enforcement. But all accidents must be reported, especially if you have injuries or property damage. Along with seeking medical help, you also have the right to report the accident to the appropriate authorities. You will want to contact the local police or highway patrol and obtain an official accident report. This report is vital when filing an insurance claim or pursuing legal action.
Accident victims also have the right to gather evidence. You can take photos of the vehicles involved, the road conditions at the time of the accident, and any visible injuries. Also, you may want to collect witness statements and contact information. When you work with a truck accident lawyer, they also have the right to request certain evidence from Amazon, including maintenance logs, driver records, and other pertinent information. All this evidence can help to show that the driver and maybe even the company were negligent, causing injuries and damages in the incident.
Right to Legal Representation
In the event of an Amazon truck accident, you have the right to seek legal representation. Whether you have property damage or injuries, you will want to consult an attorney specializing in these trucking accidents. The legal process can be complex and intimidating, especially when you are filing a claim against one of the biggest companies in the United States.
As previously mentioned, they have an entire term of insurance adjuster and attorneys ready to dispute every facet of your claim. With that in mind, you need a skilled and experienced truck accident lawyer who understands California’s personal injury laws. Otherwise, you will have difficulty handling these claims without legal help.
Right to Seek Compensation
You are entitled to compensation if you have any losses, such as injuries or property damage. Most claims focus on medical expenses, including:
- Hospital bills
- Doctor visits
- Rehabilitation costs
- Other related expenses
Additionally, if the injury prevents you from working, you could be eligible for compensation for lost wages. There may be other damages you could claim. If your vehicle was damaged, you can recover the costs for its repair or replacement. Out-of-pocket expenses related to the accident, transportation costs to and from medical appointments, and any other losses or damages that you have suffered could be recoverable when filing a claim.
Don’t forget about pain and suffering. The emotional distress associated with an accident, such as anxiety, depression, or other mental health issues, may be considered damages in your case. Remember that the amount and type of compensation will always depend on the specifics of your case. Consulting with an attorney can help you get the appropriate calculation of your losses.
Right to File an Insurance Claim and Pursue Legal Action
Keep in mind that you have the right to file an insurance claim. You can submit it to either your own or Amazon’s insurance company. Sometimes, third parties may try to deter you from filing a claim by offering a settlement. These statements are often low offers that will not cover all your expenses related to the incident.
When you file a claim, the insurer is responsible for investigating the claim and processing it promptly. If the negotiations with the insurance company fail, you have the right to file a lawsuit. With legal action, you can recover damages and hold the negligent party accountable for their actions.
In any accident, whether with an Amazon truck or not, you have certain rights as a victim. Remember that the circumstances of every case are different, and you will want to consult with a trucking injury lawyer to fully explore your legal options.